Raj 07 June 2016

RELEAVING LETTER AND STARTING OWN,BUSINESS

I WORKED IN A PVT LTD IT COMPANY FOR ALMOST 14 YEARS.SUDDENELY THEY STARTED PAYING ME 50% OF MY SALARY IN CASH AND ITS DIFFICULT TO SUSTAIN AT MY WKORK CITY. ALSO MY HOME CIRCUMSTANCES AND MEDICAL CONDITION DID NOT ALLOW ME TO WORK AWAY FROM MY NATIVE PLACE IN THIS COMPANY.I REQUESTED THEM FOUR TIMES IN LAST TIMES BY WRITTEN LETTER TO RELEAVE ME,BUT THEY DID NOT GIVE ME RECEIPT OF THE SAME.NOW I COME AT MY HOME AND WANT TO WORK MYSELF WITHOUT ANY DUTY HOURS BY STARTING MY OWN BUSINESS IN IT.WHAT LEGAL ACTION CAN EMPLOYER TAKE?

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10 Replies

Raj 07 June 2016

I will be highly gratefull to all experts for their help.

Raj 08 June 2016

...any reply will be appreciated.

Ritesh Maity (Labour Law Advocate) 12 June 2016

Firstly your employer cannot suddenly reduce the salary by 50%. Moreover, since you have worked for 14 years, you are enitled to other statutory benefits. It is not yet clear whether you have resigned from the service or you are just not going to work. Please clarify the situation clearly. Take help of lawyers if required.

If you have resigned, and such resignation is accepted, then there is no bar to start anyother profesison/ business.

Raj 12 June 2016

Thanks.SALARY PAID ESRLIER WAS IN MY ACCOUNT .WHEN REDUCED TO 50% IT WAS IN CASH.I SUBMITTED RESIGN 3 TIMES.THEY DID NOT RECEIVE OFFICIALLY.I THAN START NOT GOING TO WORK DUE TO MEDICL.I,HAVE PROOFS. NOW THEYSAY ME ABSCONDING.I,THAN SUBMITTED RESIGN THROUGH REGISTERD POST.THERE WAS NO BOND.CAN I OPEN,MY OWN IT BUSINESS IN SAME FIELD IF THEY DID NOT GIVE ME RELEAVING ORDER.ALSO THERE IS NO EMPLOYEMENT SECURITY IN COMPANY.NO EPF.NO ESIC ETC.

Ritesh Maity (Labour Law Advocate) 12 June 2016

Reduction of salary is illegal whether paid directly in bank or cash. You can claim the reduced/ unpaid amount of salary.
Without going through the earlier 3 regisnation letters as well as the last resignation sent through registered post, it is difficult to comment. However, if they have not communicated after receipt of the said resignation, then it will be deemed that your resignation is accepted.
If your resignation is accepted, then you can start a new profession/ service/ business as per your choice.
Please consult a lawyer with all your documents to get the outstanding salary and statutory dues like ESI, PF, Grauity etc.

Ritesh Maity (Labour Law Advocate) 12 June 2016

Reduction of salary is illegal whether paid directly in bank or cash. You can claim the reduced/ unpaid amount of salary.
Without going through the earlier 3 regisnation letters as well as the last resignation sent through registered post, it is difficult to comment. However, if they have not communicated after receipt of the said resignation, then it will be deemed that your resignation is accepted.
If your resignation is accepted, then you can start a new profession/ service/ business as per your choice.
Please consult a lawyer with all your documents to get the outstanding salary and statutory dues like ESI, PF, Grauity etc.

Raj 12 June 2016

In first resignation req I write about my health and salary issue.I second also and added home circumstancrsThird was one month advance notice of leaving job..THEY SEND ME INTIMATION TO JOIN DUTY.AND AFTER that just sent me two reg letters with blank page in it.They also threaten me to harm if I start .Thanks

Jn 13 June 2016

I have also similar situation, anyone can repond please

Ritesh Maity (Labour Law Advocate) 13 June 2016

Originally posted by : Jn
	I have also similar situation, anyone can repond please

For similar situation, please read the replies given above.

Ritesh Maity (Labour Law Advocate) 13 June 2016

Originally posted by : Raj
	In first resignation req I write about my health and salary issue.I second also and added home circumstancrsThird was one month advance notice of leaving job..THEY SEND ME INTIMATION TO JOIN DUTY.AND AFTER that just sent me two reg letters with blank page in it.They also threaten me to harm if I start .Thanks

There are too many communications. Without seeing the actual content of the letter it is difficult to advise. However, there is no legal bar to start any new business/ profession etc. once the relationship of employer employee cease to exist.