• Resignation after 4 days and notice period

Dear sir 
 issue reg pharma company,hyd. people in this company are rude,caste based,no dignity for labour,working hours more than 12hrs duty for local labourers,employees in high pollution zone area& I belong to middle class family,completed my PG ,3yr exp facing humiliation from the company ,They took my original certificates after signing notice period bt not bond and I didnt receive any agreement papers &began to torture mentally by using indecent language from the 1st day ,sir as I want to quit & I gave my resignation letter after 4days due to over dominant people ,work culture,heavy pollution in plant caused respiratory problems in me,nw they are forcing me to pay 75000/- cash to get my certificates & I cannot work there due to health prob,family issues, humiliation ,& my resignation letter was approved by my Plant GM,AGM with sign but was in pending in the hands of P&A (admin) regreting to accept my letter nw its with me & but I cant serve as compny timings was odd altogether needs 14 hrs including journey to n fro (7.30 amto 6.30pm ofc ) and cant pay as well kindly get rid of this problem so that I can get certificates to continue my job in other company
Asked 4 years ago in Labour

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16 Answers

Dear Sir/Madam, you have to issue a legal notice to company (employer) to request the release certificate of yours without impose any condition immediately. I assume you just appoint on probationary period, it will not confirm the appointment, you have narrate all their harassment on you before jurisdictional district labour commissioner, they will call to them and enquired the same, you will get justice and your certificate.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Simply go to police and file a complaint under section 420, 406 and 506 against the COO and HR Head of the company.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Firstly, it is very unfortunate to say that now companies which require highly qualified people also doing such sort of things.

Secondly, you please file a criminal case of threatening and illegal confinement of your original documents as it is not been done in any company.

Thirdly, the moment you file, you may get relief from the police itself.

Fourthly, if in case they can’t, then move before the mazistrate under section 156(3) of CRPC to get the FIR registered and to get your original documents back from them.

Rest you can have a detail conversation with me through Kanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Thanks for your lovely ratings to my answer.

See, first I need to go through your all documents if any as you said you haven’t got any thing from there side then may be able to provide you the exact step to be taken.

And can also help you to draft a complain plus case for you if needed.

So, if you want to then you can consult me through Kanoon in order to have full talks to you.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Serve the employer with legal notice stating all working condition and since there was no agreement signed and you left in four days they cannot claim any compensation further asking upon company to return illegally taken documents.

Further if they don't file a complaint with labour commissioner

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

They cannot hold back your certificates for any reason.

The notice will be applicable only for confirmed employees, there is no chance for getting confirmed employment immediately after joining.

You first issue a legal notice to the company demanding return of the certificates held by them and mention that it is illegal to refuse to return the same.

You can process further legal action through court for recovery of certificates and for damages due to mental agony

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1) issue legal notice to company to return your original certificates

2) if company refuses file police complaint under section 406 of IPC against company and its officials

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hi,

Since your resignation is accepted, you may ask for certificates through legal notice.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

if you have signed undertaking that you would serve 3 months notice period then you have to serve the notice period

2) company can sue you to recover salary for notice period but cannot retain your original certificates

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

As per the employment offer letter once you have accepted and signed the same, you are bound by the terms and conditions of employment, however you can resign and demand the certificates , if not you can issue legal notice and escalate further legal steps for retrieving the same.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Dear,

don't panic serve them legal notice through an advocate and you want immigate action, then lodge a

police complaint. It will defenetly helps you.

or third one is go to labour commissioner court and filed a case against them.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Sir/Madam, you have to give complaint before jurisdictional district labour commissioner for the same.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

After execution of agreement, u r bind the terms, but such agreement to not extort right of employ to receive dignified addressing at work place, healthy and hygienic work atmosphere (Health and safety in the workplace), which are not available.

Send Legal notice to release certificates. failure to which u r constrain to approach labor commission/cort.

Also, site your medical problem.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

See if there is no agreement and the working condition are inappropriate notice period can be contested before court in case company goes before court as this take lot of time and companies generally give notices and refrain from filing suits as they are costly and time consuming.

Just file a complaint for your original documents with labour commissioner as under no condition company can take original documents to satisfy employment.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can send them a legal notice and then file a police Complaint for not returning the certificates. You can also file case in labour Court for the same

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

You get issue a legal notice and get back your academic certificates. It is blackmailing. If they ask Rs.75,000/- in writing then you can lodge a complaint. Following is the relevant case where a Bank refused to return the title deeds. Ratio therein can be applied to your case and you have to approach the High Court if they are adamant.

========================================================================================

Madras High Court

M.Shanthi vs Bank Of Baroda on 9 August, 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 09.08.2017

RESERVED ON : 02.09.2016

DELIVERED ON : 09.08.2017

CORAM

THE HONOURABLE MR.JUSTICE NOOTY. RAMAMOHANA RAO

AND

THE HONOURABLE MR.JUSTICE S.S.SUNDAR

W.P.(MD)No.12613 of 2016

M.Shanthi ... Petitioner

Vs.

Bank of Baroda,

Represented by its Chief Manager,

Namakkal Branch,

Namakkal. ... Respondent

37.In view of the findings as arrived at by this Court, the writ petition filed by the petitioner stands allowed and the respondent bank is directed to return the documents in respect of the properties belonging to the petitioner which were given as security by way of deposit of title deeds in respect of the transaction covered by sanctioning letter dated 4.4.2013 upon payment of the entire amount due. No costs.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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