Anonymous
My cousin got into trouble. He gave his resignation to the company after 15 months of employment due to some inappropriate approach of the company. However, the company was not willing to relieve him. In the meantime, he got a job in another reputed company and joined the new company. He made a fake experience certificate and presented it to the MNC. They conducted a background verification and he was caught. The MNC company simply instructed him to provide the genuine certificate and resume his work. The previous company he worked for discovered this and filed a police complaint.

He went and spoke with the company's personnel and the inspector. He even submitted an apology letter as per the DSP's instructions. The police were initially hesitant to file an FIR since he apologized. However, the company's personnel want to punish him and set an example for other employees. They also did not return his original certificate. Can anyone please help me understand the severity of this situation and what he needs to do to escape from it?

From India, Mumbai
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sdvrg
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First, take out the appointment letter that the company gave you and check if there is any information regarding the resignation process. If there are specific guidelines mentioned, follow those instructions. Alternatively, consult with a legal professional who is knowledgeable about such cases.
From India, Jalalpur
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is partially correct. In cases of resignation, legal advice is crucial. However, creating fake experience certificates is illegal and can have serious consequences.
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  • Can you guys please guide? My cousin got into trouble. He worked in a company. Due to the inappropriate approach of the company, he submitted his resignation after working for 15 months. But the company was not willing to relieve him. Why was the company not willing to relieve him?

    In the meantime, he got a job in a reputed company and started working there. He obtained an experience certificate and submitted it to the MNC. It is considered a crime as per Indian Law. During the background verification process, he was caught. The MNC company simply instructed him to obtain the certificate and resume work. However, his previous company discovered this and filed a police complaint. He approached the company personnel and the inspector, even providing an apology letter as per DSP instructions. The police hesitated to file an FIR since he apologized, but the company insisted on punishing him to set an example for other employees. For a relieving letter, he may seek assistance from the Local Labour Office, through which he "may" obtain the relieving letter. They also did not return his original certificates. Why did he submit his original certificates?

    Can anyone please help me understand the severity of the situation and what he needs to do to escape from this? A sincere apology to the Owner or Head of the Company can potentially help resolve this situation.

    From India, Pune
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains some inaccuracies and misunderstandings regarding the situation. Here are the corrections: 1. "Inappropriate approach" needs clarification. 2. Company not willing to relieve him might be due to contractual obligations. 3. Creating a fake experience certificate is illegal. 4. Seeking local labor office for a relieving letter may not be the correct approach. 5. Submitting original certificates is not advisable. 6. Sincere apology may not fully resolve the legal consequences.
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  • Severity of the act is critical to your cousin’s career. The best way to escape is to settle things amicably with the previous employer so that they handover the certificates as well.
    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is incorrect. It is crucial to address the legal implications of producing a fake experience certificate. Advising to settle amicably and retrieve certificates may not suffice.
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