• Not receiving Experience certificate,Release Letter and Final Settlement Sheet from company

Dear All,
I am from Bangalore.
I joined Ericsson India Global Services in Dec 2011.
I worked there till August 2014 after which I applied for sabbatical leave on medical grounds since I had chronic kidney disease and had to go on dialysis because of which going to work was not possible.
I had submitted my diagnosis report and doctor's medical certificate seeking permission and got permission for the same.
Before leaving for my treatment I had a one on one meeting with my manager and asked him about LOP terms and sabbatical policies.
The manager agreed for LOP but said there was no particular policy underlying sabbatical leaves and granted me leave until I got better.
I needed transplant surgery as suggested by the doctor in april 2015 about which I kept my manager informed.
By July 2015 I started getting calls from office asking me when I would join but my health was not stable to rejoin work which I informed at office via emails and kept them updated about my condition.
In 2016 I noticed that in UAN website that my account was linked to a wrong name. 
I had contacted EPFO and they said that they will need company attestation on joint declaration documents so I decided not to resign until I get this sorted so that I would not have any issues with UAN correction and PF withdrawal.
But the HR kept calling me every month pursuing me to quit even though they knew I had health issues and my UAN issues had to be fixed.
After calling me for several months continuously I was so troubled that I finally gave in and agreed to send my resignation via email.
On assuring me I would get my PF withdrawn without any issues and I would receive full support even after my exit from the company I sent my resignation on July 5 2017.
My initial exit checklist sent to me had reason for leaving as absconding updated.On enquiring with the HR he assured it was a mistake and would get it rectified.
But since then the company is very slow in processing my resignation and clearing my exit checklist.
They have still not sent me resignation acceptance following which my release letter,experience certificate and full and final settlement sheet will be issued for PF withdrawal.
If they did not want to accept my resignation then Why did they even ask me to resign in the first place?
Now after sending almost 75 emails I got my exit checklist cleared.
But now on calling the HR he is least interested in processing my exit and documents and neither is the HR department taking any initiative despite several reminder e-mails sent by me.
I am not sure why they are holding my resignation açceptance that too a company like Ericsson when we came to a mutual agreement about my resignation.
I am not sure if the HR is taking it out on me for delaying my resignation.
Kindly advice.
Asked 3 years ago in Business Law

9 answers received in 1 day.

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12 Answers

1) issue legal notice to company to furnish your experience letter , furnish your full and final settlement statement and to give you a relieving letter

2) draw attention of fact that you were forced to resign despite company being aware of your medical condition.

3) that you could not join as you needed a kidney transplant

4) that on account of failure to process your resignation letter you are unable to collect your PF dues

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

It is really unfortunate that for quitting a MNC you are required to wait so much of time for no reasons what so ever.

Since there is no specialised filed of law governing this organised private sector in India legal recourse is civil suit which is both time and cost taking.

However you may try sending legal notice to check if this gives some result. Otherwise there is no option except amicable settlement.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

Send a legal notice said company and you can lodge a complaint to the State Labour Directorate. Failing which you can file a case in Labour Tribunal.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Send a legal notice and seek forthwith release of all your dues. Also, seek all the relevant Certificates etc. Which you're entitled to obtain in terms of your employment agreement.

If the legal notice fails to help, you'll either have to approach the labour Court or file a suit for breach of contract seeking damages and all your claims.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Immediately issue a legal notice to the company to give you the experience certificate along-with the FNF settlement.

Write the medical reasons that you have been going through.

If they still fail to settle the issue then you will have to approach the labour court or the civil court.

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Dear Sir,

1. EPFO recently launched “New EPF Withdrawal Forms”, which are called as Form 19 UAN, Form 10C UAN and Form 31 UAN. Now, employees can withdraw EPF online without the employer signature.

Earlier if you plan to withdraw your EPF balance, the process was too lengthy. However, now the employees, who have their UAN and activated it, may withdraw it by directly submitting to regional EPFO.

2. If you are not having UAN number, you can generate the same online by your PF Number, Aadhar & PAN details or in other words filling your KYC. PF number must be their in any of your salary slips.

2. You can also withdraw your PF amount by approaching the Regional EPFO office and submitting the withdrawal claim form with necessary documents like PF number, Bank Signature Verification, Cancelled cheque etc.

The Employer can not hold your EPF amount in any manner now.

3. For Claim regarding your full and final settlement and issue a legal notice to the employer in respect thereof, if still the Employer fails to honor the same, you can file your claim before the office of concerned Labour commissioner having territorial jurisdiction.

Regards,

Naveen K. Pandey

Advocate

Supreme Court of India

Naveen K Pandey
Advocate, Gurgaon
3 Answers

4.0 on 5.0

No other way except, Issue legal notice and File recovery suit against the company.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Firstly you should have all the documents, secondly as you have already sent many emails regarding your resignation the next step should be to send a letter via rmail and also by post to the company regarding your grievance, giving them time to reply , thereafter send a legal notice through an advocate.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

You say that you have sent umpteen number of emails but you have not stated that even once you had sent a letter by registered post or any legal notice in this regard.

now you have to either engage the services of an advocate or by yourself, send a legal notice to the company demanding your reliefs and the dues to be settled to you based on the events happened earlier and so far.

Wait for the time stipulated in the legal notice and then get into the legal action agaisnt the company as per provisions of law.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Please send them legal notice stating you will initiate legal aaction agaInst them surely one legal notice will be sufficient to get your work done

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi, it is advisable to send them a legal notice through a lawyer .. If they still fail to comply with the notice you can file a complaint in the labour forum

Hemant Chaudhary
Advocate, Gurgaon
4601 Answers
44 Consultations

4.9 on 5.0

Dear Friend,

You do have a justified case & you deserve to receive all benefits post resignation.

It is advisable to proceed against company legally and in first instance you should send them a Legal Notice through an advocate & if your demands are not met then you can file a suit against the said company.

Ahangar Muzamil Ahmad
Advocate, Srinagar
18 Answers

4.8 on 5.0

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