Employer not issuing my experience / relieving letter and salary dues
ashokkumar
(Querist) 20 April 2014
This query is : Resolved
Hi,
I was recruited for Kuwait company as a contract employee by Indian based company. My initial contract was signed for 9 months and then the contract extended for 12 months. I didn't renew my contract on last November due to salary issues.
I have resigned the contract job on March 2014 and my Indian employer accepted it.
The Kuwait client asked my Indian employer to transfer my work permit to local sponsor, but they had some agreement problems.
My Indian employer send me back to India after cancelling my work permit without informing client or hand over the pending work. In that last week, they kept my passport for visa cancellation and hold for more than 6 days. And my Indian employer got my signature in the final settlement paper from their local Kuwait sponsor, without paying salary dues.
I stayed in Kuwait room without any proper document for some days, so I send mail to VP & HR manager of the company about the below issues,
1. work permit cancellation can be done in 2 days, but holding my Passport for more than 5 days.
2. Questioned about the final settlement paper signature from Kuwait sponsor(my Indian employer sponsor) without salary dues.
3. company paid salary after deducting 10% tax every month and provided me with form 16A. So I questioned why I was taxed for Kuwait earning and then asked to sign local sponsor final settlement paper.
After coming back to India, they are not issuing my experience letter, relieving letter and salary dues. They are asking me to sign apology letter for sending mail to VP.
Is there any Indian law allow employer to hold the experience letter and salary dues for this case. Is there a way to get this document through legal?
ajay sethi
(Expert) 20 April 2014
you have resigned from company in March 2014 and your resignation has been aceepted .
if you have not been paid your full salary dues expereince letter/ releving letter issue legal notice to company . you can also file winding up petition against the company for non payment of salary dues .
Rajendra K Goyal
(Expert) 21 April 2014
Send legal notice to the company for payment of pending salary and experience certificate. For TDS you have been provided the form 16, claim refund from IT deptt. by filing return if tax deducted in excess.
Rajendra K Goyal
(Expert) 21 April 2014
Repeated at:
http://www.lawyersclubindia.com/experts/Employer-not-issuing-experience-relieving-letter-and-salary-dues-467436.asp#.U1SVOVf9GRQ
