Legal Question in Employment Law in India

Company not giving back my mark sheet and salary

My self jitendra,I am having experience of about 3.5 years in Web/Graphic/UI Designer. I joined company noida on 16 april 2013 & deposit my 10 mark sheet . I din't sign any bond on stamp paper . It was just written in appointment letter. I have given resign on 20 june 2013 (in mail).

I have to put resignation because of my family health problems.

(my grandmother was in critical condition & my parents have also health problem they cannot take care self or granny ) they leave in (Uttarakhand, Almora--District, as well as my home contraction is going on in (uttarakhand haldwani). I have to settled in my home town due to above mention reason and i discussed with my family about this.

This condition i discussed with my Project manager & HR and they asked some proof and then i mailed some scan documents (medical proofs my granny & Father, Mather) than the told me you can take 1 month leave or transition period & we will talk your situation with management. At that time i told all things i can not fixed in one months. So i would permanently settled in my hometown. Then i left company 24 june 2013.

After a month i call HR & told my situation family Granny, mother & father health problems. So i can not come join office again. Please return back my 10th mark sheet & last month salary. HR told me drop email to me with your current situation & i will give reply on mail within 3 to 4 days. HR not replied in mail yet. 2 week passed then i called again for email reply and then HR told me send new email to legal department ([email protected]).

As per company bond/law you have to serve (2 months notice period) or pay 2 month penalty (50,000 INR). I asked to HR; no other way to solve this situation she clearly said no.

I worked only 2 months in company. I have not signed any bond in legal stamp paper. It was written in appointment letter where i signed. They do not want return back my 10th mark sheet until they not get 2 month notice period or 50,000 INR.

It's not possible for me (currently father in hospital).

What should i do in this condition.

Can they keep my 10th marksheet & my last month salary?

I signed in appointment letter where it's mention that in the case of resign you have to pay 50,000 INR or 2 months notice period. It's legal or not?

Where as i know appointment letter terms & condition where i signed. Can not force me legally pay INR or notice period?


Asked on 8/26/13, 9:35 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

26.08.2013

Dear Jitendra,

I think in view of the genuine difficulty that you have, and as a via-media and last alternative, being an IT professional enabling you to work from anywhere, you should request your Company to transfer you and change your place of posting to Almora or Haldwani in Uttarakhand, so that you can still be working and do duty for the Company based in Noida, and remain close to your ailing parents and your aged grandmother, and also attend to the construction of your house in Haldwani. You should send a mail to this effect to the HR and Legal Department.

Anyway, the Company does not have any legal right to retain your Xth standard marksheet nor your last month salary. I always maintain that asking any employee to sign a performance bond is neither legal nor permitted, but is draconian, against the principle of natural justice, illegal and a criminal offence. But in your case, it is not a performance bond that the Company is insisting, but a notice period that you need to serve after submitting your resignation. It is legal of a Company to ask you to serve the notice period or pay salary in lieu thereof.

To be frank, jobs are not easily forthcoming these days, so it is important to think twice before quitting a job. Be wise and revise.

Regards,

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Answered on 8/26/13, 10:03 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Complain to the SHO having jurisdiction over that area. To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

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JSR/27813

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Answered on 8/26/13, 9:09 pm


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