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Author Topic: How to get my F&F and my documents back?  (Read 429 times)

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Offline rohitnaag2009

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How to get my F&F and my documents back?
« on: April 10, 2017, 06:54:03 AM »
Hi,

I was employed with a small company since Jan 2017. I was supposed to take a leave on the 5th of March till  the 11th, for which I had applied well in advance. It was to take my mother to Indore for her yearly eye check-up. My employer declined my leaves asking me to reschedule as one of the staff members was unavailable till the 10th. I was asked to schedule it after the 18th as others were also due for leaves after the 10th, though I had applied far ahead in advance. My mother was supposed to leave on the 14th so I left for Indore anyway on the 9th. When I came back on the 14th and contacted them, they asked me to not to come to office and instead send them my resignation. I did as instructed and received no response for 21 days. My follow up calls were ignored. When I finally got through to them, they said they'll email me back. They emailed back stating that   "As per the terms of your employment, you owe the company a sum of Rs. 49,032. You must make the payment of the above amount immediately by cheque favouring XYZ.

Please send the cheque to us no later than 21st April 2017.

As per my offer letter, I am not liable to pay any such amount. Moreover, the company is in possession of my 12th Passing certificate and result, which they are refusing to return unless the amount is paid. Also, my payment for the number of days worked has been declined.

This kind of behavior has been meted out to numerous other employees in the past as well.

I would like to take legal recourse to get this sorted once and for all.

Any help in this regard would be greatly appreciated.

Offline riteshmaity

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Re: How to get my F&F and my documents back?
« Reply #1 on: April 11, 2017, 10:26:27 AM »
Without going into the reason of your absence due to mother's treatment, I assume that you have accepted the conditions as imposed by the company, though it is illegal prima facie, you tendered your resignation.

Now the company as per terms of employment is asking you to refund Rs.49K. Is there any such terms and conditions? Your letter of appointment as well as your resignation letter along with the demand of the company needs to be considered first. It seems to me that you are not required to pay but before that contents of the documents needs to be looked into. You may ask the company to state under which terms of employment you are required to pay such amount and also ask them to quantify the amount of Rs.49K as claimed by them.

The case is more serious for your 12th Certificate. Hope you have receipt of depositing such certificate to the company. If not, then you are in a big trouble and surely the company will deny that they have accepted any original certificate from you. Please note that the certificates are your property and anyone other person cannot hold it as it is illegal. Regarding 12th certificate, you have to proceed carefully from the legal point of view.
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