I was working with a public limited company till 31 January 2014 as Draftsman. I have stopped going office after my notice was period over, but company is not providing release letter and not even initiated exit procedure.
Background : I have second time joined this company. I was working on a project and used a company's laptop in at their manufacturing location(Umargaon, Gujarat state). After completing project, I was backed to base location (head office- Mumbai). After 2-3 months when I resigned from my services and after serving notice period company has started asking about laptop and which was spotted last time in factory premises. Nobody has clue where that laptop was. I had used that laptop for sometime and then other company personnel used that laptop and was lying in factory.
HR has started asking me to give that laptop back, but I had no clue who used that laptop after project and who was incharge of that. They have put allegation on me for lost laptop. Laptop was not officially handed over to me. I tried to help them but there was no licensed software installed on laptop and that was not in domain and security lapse in factory ( many of CCTV not working, company don't have CCTV footage, ta gate security not checking staff). IT team also not able to trace where was that. Finally, I asked them to lodged a complaint and they were agreed to lodged a complaint together, but in police station they lodged a complaint as request to Police dept to help in finding that laptop. It was responsibility of HR to look after legal matter and file joined complaint, but just he dont wanted to visit multiple time to factory, he lodged request to find laptop. HR also asked me to stay back, I had no option, I continued again.
Meanwhile, HR instructed to accounts to deduct 30,000 from my salary but they provided me salary slip that they paid all money to me. but money is not deposited to my back account. on demand of explanation, account sent a mail stating they have already deducted more than 30,000 and will reverse over and above amount of 30,000. reason provided was laptop price and software license cost. I have laptop invoice that was purchased at 24,000 one year before. After depreciation value of laptop should be approx. 12,000. IT dept initially said there was no licensed software installed on laptop. They deducted software cost as they can use that license on other machines also and might be using.
Now, I had resigned again and asked HR to complete exit procedure and provide me relieving letter. now HR is asking about NOC stating I will always available whenever police and company want. I was okay to provide NOC but before that I asked all legal papers of that case and assurance of refund once case is solved. Both are denied by HR and stated that company has spend money for this case and said now you leave and come after 28 Feb 2014 I have work.
I wanted to know how do I get released from company. and\or can I filed legal complaint against company and HR for cheating and mental harassment on below facts :
1. Laptop was not handed over to me.
2. Laptop lost in factory premises due to lack of security systems.
3. Company deducted 30,000 for a laptop whose depreciated price was approx. 12,000 and deducted software license cost which they can use on other machine. and over and above not provided details of laptop price and license.
4. Company has provided salary slips without providing details of deduction as per salary slip they have paid all my salary.
5. HOD and HR not entertain and listen to me. After resignation, they didint asked about assignment handover and not completed any for exit procedure. HOD sent me mail that if I continue till March 2014, then they will relieve me properly. and he threatened me, if I will not continue, HR may take any action on laptop case and lodged police complaint.
Thanks and Regards,
(on belalf of Nitin Mhatre)