Fnf & relieving
Megha
(Querist) 17 December 2014
This query is : Resolved
My company is not doing Fnf & is neither giving me relieving letter stating that i have joined a competitor. The day i resigned, i sent a formal email stating personal reason or otherwise they would have never relieved me.I stated in my email that i want to serve my notice period of 14 days. They never responded to my email rather called me up on the conf room made me sign some papers and asked me to leave and said that you have been relieved. Now it has been more than a month almost i called them asking about my fnf and all and they responded that we have put it on hold as we have come to know that you have joined a competitor.This is not just with me they are doing this, there have been people who have left in the past and they are still waiting for their fnf settlement. I don't know how to deal with it. Please advise.
ajay sethi
(Expert) 17 December 2014
issue legal notice to company for recovery of your dues . you can also file winding up petition against the company if they fail to pay your arrears
Rajendra K Goyal
(Expert) 17 December 2014
What documents you signed in the conference room.
If you are not having details, send legal notice for your claim, also asking copies of document signed by you under pressure. Clearly mention not to use such documents as you have to sign these under pressure.
malipeddi jaggarao
(Expert) 20 December 2014
What is amount of dues? Have you joined in the new establishment? If the dues are not much and if the new establishment does not insist for relieving letter, why to wage a legal battle?
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
A legal demand notice in this regard may invoke some response, try that first.
Kumar Doab
(Expert) 25 December 2014
Did you keep copies of documents that you..... as per you were forced to sign?
Did you submit minutes of such meetings at least?
Did you record the calls/meetings(audio/visual)....or do you have evidence of any kind that your FnF wages,service certificate, relieving letter, salary slips,Form16,PF number-a/c slips, ESIC card,acceptance of resignation, NOC/NDC etc.... are being withheld due to the reason that you have joined a competitor?
Indian courts of law have consistently been declining to enforce Non Compete clauses/agreements,post termination of employment as it hits right to earn livelihood and clauses of Indian Contracts Act,,......
Any employee can join any establishment after resignation....
The line management/HR may not offer any reprive and relief to you due to policies of employer for them.....hence do not remain entangled with them and escalate to appointing authority ,MD....and try to get relief and exhaust this option before you proceed further.....
You should and you must get relieving letter and all other docs mentioned above for your future...
Along with elders of the family consultant an able labor law consultant/service matters Lawyer...
and rope in seasoned employees/trade union leaders..... and let them structure your representations.....
