• Experience/relieving letters/gratuity/full & final/Form-16

PLEASE READ TILL THE END TO ANSWER. 

Dear All, I worked for an Software MNC from Jan 2010 to Jan 2014 . 
In December 2013, my wife developed health problems and i asked my manager to grant me leave to see her in Florida, USA....I was on vacation in USA (this company's HR gave me NOC) to meet my ailing wife..

In Jan 2014, before my stipulated vacation was going to be over, I emailed my manager informing him about the situation has gone worst and asked him to put me on LWP (leave without pay) for few more weeks after discussing with management. Since, he gave something as a wrong impression to HR that i deliberately took more days. 

HR told me to resign or else they will take disciplinary action. I knew they will not help so i resigned as my wife was unwell and i was required to stay with her or else it could have been more severe. In July 2013 i had already lost my father due to illness. 

HR then accepted my resignation and asked me to return the company laptop so that they can give me my experience letters. 

(I have that email where HR clearly mentioned this). I had then sent the laptop from usa to india and since then i am chasing them to give me the letters. 

a. Company had not given me Form-16 of Year 2013/14. 
b. This MNC had a signed policy with every employee where they will gave gratuity post 3 or 5 years of service, and i worked for 4 years but they did not provided my gratuity money. 
c. My Full and Final settlement documents are not given. 
d. Experience and Reliving letters are not given till date after chasing them for almost 2 years through calls, emails, personal visits to office etc . 

If i call and talk to the HR person, he asks me to come to office and take the letters from him (i have voice recording proof). But when i go then he refuses and delay and makes mockery of my personal problems.

If i ask him after few days, he says he will courier (i have sms from him as a proof of this) and they want to give the letters but ultimately they are not providing me any letter and delaying the matter and causing me mental agony. 

I asked one of my friend who is still working with the same company to talk to the HR person, again HR said he is going to give my letters to him but he again rejects at the last minute of following up after several times . This is happening from last 6 months and also i left the organization in Jan 2014. I have feeling very much frustrated and very much cheated and harassed. I am not able to get a job now due to depression after i returned from USA in May 2015 and mentally i'm feeling that going into acute depression.

The problem is that HR after several follow up says he will give, after few more follow up he then make mockery of this and refuses. 

I want to sue this company for 10 Lakhs rupees or more for causing me mental agony for 2 years and i am not able to get a job due to this and going into depression and they are causing my career to go into distress and fail. Long back, I have even changed my profile to join this MNC as they promised me a good career but in the end they are totally cheat and took advantage of my personal and family situation to replaced me and now continue to cause me agony by playing with my emotions and career. 

My question is 
a. how can i get my letters ? and 
b. if i put a case of 10 lakhs as labor court against them then what is process and will i get a win in this case?
c. and also if the case is going to effect my any other immigration process in future or not. (immigration process ask if i have a civil or criminal case pending ) this i believe will not be fall into that category and will be a labor court case.

PLEASE PLEASE PLEASE PLEASE HELP.
Asked 1 year ago in Labour from New Delhi, Delhi
Hello,
1) As you have complied with the company request to resign you have every right to get all your dues cleared and the full and final settlement done along with experience and relieving letter.

2) Send a legal notice to the Company demanding the relieving letter,experience letter,arrears of gratuity and full and final settlement with immediate effect.If you need further assistance in this you may contact through Kaanoon for a consultation.

3) Before you send a legal notice you can not sue the company for any damages as you have not taken any legal steps so far.In the demand notice you can demand the compensation.

4) Your filing a suit will not hamper your travelling overseas or your visa process. Labour court is not the appropriate forum to file a suit in your case as from your description you do not fall in the category of a labourer. Your remedy in law lies in a civil court where your company is located.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Send a legal notice to the Company to immediately send you the letters you need.
2. Complain against the Company to the Labour Commissioner and request the Labour Commissioner to intervene in the matter and resolve the issue.
3. If you can produce a certificate stating that your wife was seriously ill in Florida and you had obtained NOC from your employer for extending the leave, request from your side for LWP, conditions put forth by the Company resulting in your submitting resignation and returning the Laptop etc.,to enable the Company to give your experience and relieving letters and also the full & final settlement documents and in spite of your best effort to obtain the letters, the company is mentally harassing you and based on this you can file a case in Labour Court for compensation of Rs.10 Lakhs for the mental cruelty caused to you by the company. Depending on the material evidence produced by you, the case will be decided.
4. This 'Labour Court Case' will not hamper your immigration process.
5. If the Company does not reply to the legal notice, file a civil case against the Company. Contact a local Advocate for guidance and regarding fee charged by the Advocate, it differs from person to person.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
Hi
 1. your option is to take legal action, First send a legal notice, engage an advocate for the same.
2. You can file a case either the place of the office,  or the registered office .

3. If in case they do not respond to your notice proceed in the court, labour court or civil court.
4. In civil court you can ask for such compensation which you think is fitting as 10 lacs for the loss of job, mental agony, stress and loss of pay etc. However you will have to pay court fee for the amount you ask for . in the civil court.
5. The case is not going to affect your migration.(criminal case is not there  and  the civil case is not pending against you you are filing as you are the victim.), 
whether it is civil or labour both are same which will not affect your new job and migration as the case is not going to be against you.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Send a legal notice to the Company claiming the release letter, all arrears and also damage for Rs.1 Crore ( Rs. 10 Lakhs is too less a claim for he associated loss) for causing huge damage to your career and life to be given to you within next 15  days,

2. After 15 days, if you still fail to receive the claims, file a damage suit against Company,

3. You cam also file a police complaint against the Company and its associated persons for cheating and harassing you.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

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