Salary Hold and Refuse for reliving
2 months ago
Dear Team,
My previous employer has hold my 40 Days salary and refuse to provide reliving and experience Letter of 2.5 Years serving. I honestly work for company and gave outstanding result during my work tenure.
As per policy, the notice period was 2 Month or Notice pay. However, due to emergency and relocation i had to relieve in 30 days. which i had informed and approved in System as well as on Mail. Along with this i was ready to pay cost of my notice. Still they were forcing me to serve 2 month. Now they had blackmailed me that they will consider me as abscond. Kindly give guidance, what should i do?
Your situation appears to involve victimization and unfair labor practices by the company. Upon tendering your resignation in accordance with the terms of the offer or appointment letter, the employer is generally not permitted to withhold relieving letters, experience certificates, or Full and Final (F & F) settlement dues without valid reasons, especially when there is a buy policy for the notice period.
To address this, it is recommended to serve a legal notice expressing your objection to the arbitrary actions of the employer. If you fall under the category of a workman as defined in Section 2(s) of the Industrial Dispute Act, and your grievance remains unresolved, you can file a complaint with the office of the concerned Labour Commissioner. Simultaneously, you may file an application under Section 33C(2) of the Industrial Dispute Act before the relevant Labour Court, claiming your F & F settlement dues within one year from the date they became due.
However, if you hold the position of Manager/Supervisor, you will need to file a civil suit in the Civil Court for appropriate relief. Consider reaching out to our legal team for paid services to ensure the proper resolution of the issue.
From the contents of your query, it prima facie appears to be a clear case of victimization and unfair labour practice on the part of the Company. When you tendered your resignation following the terms of the offer/appointment letter then on acceptance of your resignation, the relationship between employee and employer gets severed/seized and on cessation of employment either on resignation or otherwise, except for proven misconduct, an employer cannot withhold the relieving letter or experience certificate of the employee and F & F Settlement dues without any valid reason which amounts to unfair labour practice especially when there is a buy policy of notice period. In the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action of the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F Settlement dues from your employer within one year from the date on which the money became due. However, in case you are holding the position of Manager/Supervisor in the Company, you have to file a civil suit before the Civil Court for appropriate relief. Feel free to contact our legal team to avail of our paid service to resolve the issue in the right way.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
*****
Forcefull overtime on weekends with Half day salary
Obc ncl
Pf overlaping issue
Pf exit date noy done by employer
Employer replied to my BGV as "Absconded candidate"
