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Organisation withholding service certificate and relieving letter


16-Aug-2023 (In Labour & Service Law)
I sent an email containing a programming script out of my office email to my personal mail ID for learning purpose. However, it was assumed that this code might be circulated to other competitors which may harm company's business and reputation. Considering this, company has put this as InfoSec Policy violation and issued me Show cause notice to provide valid justification for my actions. which I provided within 24 hours as learning reasons. However, today was asked to sign an undertaking that the company will ne holding my FnF settlement of dues, service certificate & Reliving letter (I'm already on my Notice period with last date being 17th Aug.) till the time this is amicably settled between the customer I was working for & my Org. Moreover I'm also asked to keep my org indemnified & hold harmless for the above action. I didn't sign the undertaking as this sounded fishy to me as I already provided my justification in a show cause notice. What implications can they impose on me now?
Answers (2)

Answer #1
692 votes
My Response to your query :
Your act of sending mail it reflect that you sent something whatever you sent for learning or purposefully. You didn't have any bad indentation behind this. But for the softy and privacy of company company duinh thir work. You have to defend himself and make satisfaction of queries raised due to your act. You van also appoint lawyer who will represent yourself before company.

You may contact for consultation

Thank you
Answer #2
928 votes
This is my response to you:
1. Good you did not sign the undertaking;
2. You must send a reply to the show cause notice through a lawyer;
3. The company cannot hold back your FnF etc. since they are obligated to give the same to you;
4. If they refuse to hand over the same on frivolous grounds then send them a legal notice;
5. Last step is to approach the labour court.

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