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