Employer not ready to return original documents and give salary
Hello All,
I am based in Bangalore, and since I was jobless from May 2019, I decided to move to Mumbai to join an IT consultancy (will call it A) which used to recruit people to different IT projects for their clients. I moved to Mumbai only because it was the only job offer I received in almost 10 months.
The consultancy took my original Passport and PAN card on joining date (06-Feb-2020) and promised to return in a 3-4 weeks time on letterhead signed physically by the HR of A which I have now with me. I was given an offer letter too, which stated that I will receive my salary on 15-Mar-2020. Also, the HR committed on Whatsapp to reimburse the onward flight tickets, before I started from Bangalore.
I was recruited to a project from a third party company (will call it B) wherein after joining (10-Feb-2020), I found that there was no relation between my job designation and the actual work I was expected to do.
So after 4 days (14-Feb-2020), I decided to quit the project and informed the authorised person in B about my problems and quit the project after properly returning the laptop they had provided me in their office(18-Feb-2020) and sent an email to HR of B that I have returned the asset which I had collected from them.
Even then, the HR of A was forcing me to work for B and at last I asked them for a different project even with a lesser salary and revised Offer letter. They never responded since, I was not given a location to be present (even A did not ask me to be present in their office also) for work even after me sending ample emails and Whatsapp chat.
Last week, I sent out an email to A's HR asking about my documents, which was due for return along with the plans of my salary credit on 15th March since they haven't collected my Bank details. In retaliation, I received an email stating that I have absconded according to company A's policy of more than 10 days leave without their authorization, and I have to give 2 months salary as compensation, which I gave a general response that I am still in the payrolls and not absconded. Further I sent 3-4 emails and whatsapp message asking for my documents, but they won't respond. I sent my resignation last week with the notice period of 2 weeks, as per the offer letter since I am in probation (it is 2 months after probation).
Now there are two things here,
1. How to get my original passport and PAN Card, since if I need to get a new job, I need these docs.
2. I believe I am eligible to get my salary since I have not absconded from the company.
I have a lot of email/Whatsapp(1-1) communication (both responded/non-responded from A) which I believe can be legally used. I would wish to avoid B from this since they are not legally wrong, but if required, I can provide the names and details of the project team who were involved in B.
I need legal help in Mumbai for the same on a cost which I can afford now, request some legal advice and help.
Thanks and regards,
Sreekanth N