Partha Sarathy (Assistant Manager) 16 October 2013

Double problem (letters hold, double employment)

Dear Sirs,

Myself Parthasarathy, i work as an assistant manager recruitment in a consulting firm in Bangalore, my problems are listed below with my current company.

1.) one of the client we worked had defaulted the payment worth 20L and my current company has is asking the incentives it paid to me for the positions which i closed and earned. there is a clause if the joined employee leaves the company in 3 months i have to pay but everyone of them were working till now.
2.) i wanted to start my own company in near future so i resigned from the company in march 2013 and before that i have done all the formalities like registering company and all when i was working with the current company itself. since my current company forced me for the problem 1 i was trapped and have to take my resignation back and to work with my current company again, but i have not done any business or any sorts of transaction for that matter with my registered company. i have not used or stole any of the current companies resource as well. some how my current company came to know about the company i registered and they asked me to leave the company without even giving a chance to explain stating that i have double employment.

so my current company have holded my September month salary and the two months notice period salary tat my company has promised me that they will be giving my two months notice as they have asked me to leave just like tat, also they holded my experience letter and releaving letter. my company is also forcing me to dissolve the company that i have registered and they are asking me to submit the original document of my companies registration and dissolving documents. and they are also asking me to pay the incentive money which i have received for the client which defaulted the payment.

only if i do the above things my current company promised that they will give me my experience letter but they said they will not give me my releaving letter ever.

Dear experts please kindly let me know what possibilities are there for me to survive i have worked with this company for last 3.9yrs. plz my life is in danger i have no way to survive this plz plz plz plz plz plz some one help me.

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2 Replies

sanjay kumar (BE/ LLM in Corporate Laws) 28 October 2013

The action by your company against you is totally arbitrary and illegal. The company cannot ask you to repay the Incentive your earned because the client has defaulted the payment. As regards the registering your own company while working in the current company, there is nothing illegal in it provided you have not transacted any business through your own company.In such a case, there may be a case of double employment which is in favor of your current company. The company cannot force you to dissolve your company before they release your payments and credential documents. The company is acting unfairly against you without any legal basis. You can tell the Officers of your company that you are in touch of legal advisors and as per the legal advice, you are not legally bound to fulfill their conditions and demands.

Kumar Doab (FIN) 08 November 2013

You have posted that:

“as they have asked me to leave just like tat,”

If company has stated so verbally in office and has not supplied any subsequent communication in writing then you may evaluate the option of submitting in writing to the appointing authority/MD that on dated…………………..Mr/Ms……….. designation/Dept………………name of company………………..address……………….stated that your services are disposed off with immediate effect and from dated…………………you don’t have to attend office.

The companies are known to claim that employee absented/abstained/absconded and square off the dues………………

Being HR person you would understand.