Employer denying to give experience letter, relieving letter and salary for the last month.
10 months ago
I joined a company two months before. Probotation Period of six months and notice period of 60 days which can be compromised after management's decision. I wrote resignation mail after completion of two months. But they are telling that as company has concured loss due to hiring me, they are denying to give relieving letter, experience letter and salary for the last month. They are telling me that I'm free to join new company and can stop coming to the company. They have not even replied to my resignation mail which was sent a week ago. What should I do?
A.An Employee is governed by the terms and conditions as mentioned in her/his appointment Letter. Therefore in this case, you would have to check, what are the terms mentioned in the Appointment Letter. Just for one more time ask your employer in writing to give you your paycheck. Keep a copy of the letter. Try to follow whatever procedures your employer has for settling paycheck problems.
If you still do not get your pay, you can take a legal action against the company/employer by sending a legal notice through a lawyer. The legal notice is a very important psychological tool. If the employer understands the consequences quickly, he will settle before you need to go to court, which keeps costs low as well. You can also approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
An employee can file a suit under Section 33C of Industrial Dispute Act, 1947 for recovery of money due from an employer. Such cases have to be decided by labour court within a period not exceeding Three Months.
Withholding of terminal benefits (payments due at the time of full and final settlement) by the employer is illegal as well as unjustified. In case of delay, an employee can legally claim an appropriate interest upon the delayed payments. An employee can seek relief under Industrial Employment (Standing Orders) Act, Payment of Wages Act, ID Act as per the explanation of employee under these enactments or through Civil Court.
If you still do not get your pay, you can take a legal action against the company/employer by sending a legal notice through a lawyer. The legal notice is a very important psychological tool. If the employer understands the consequences quickly, he will settle before you need to go to court, which keeps costs low as well. You can also approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
An employee can file a suit under Section 33C of Industrial Dispute Act, 1947 for recovery of money due from an employer. Such cases have to be decided by labour court within a period not exceeding Three Months.
Withholding of terminal benefits (payments due at the time of full and final settlement) by the employer is illegal as well as unjustified. In case of delay, an employee can legally claim an appropriate interest upon the delayed payments. An employee can seek relief under Industrial Employment (Standing Orders) Act, Payment of Wages Act, ID Act as per the explanation of employee under these enactments or through Civil Court.
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A.Dear client,
If the contract of employment specifies that an employee can tender resignation even in his probationary period serving 60 days notice period, then the notice period starts from the day you tendered resignation and on the non-compliance of said terms of employment, the employer can withhold your dues/salary and relieving letter. So you are not eligible for either a relieving letter or for any dues from the employer for breach of contract of employment even through litigation.
If the contract of employment specifies that an employee can tender resignation even in his probationary period serving 60 days notice period, then the notice period starts from the day you tendered resignation and on the non-compliance of said terms of employment, the employer can withhold your dues/salary and relieving letter. So you are not eligible for either a relieving letter or for any dues from the employer for breach of contract of employment even through litigation.
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