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Company holds employee's relieving letter and salary

Querist : Anonymous (Querist) 01 December 2017 This query is : Resolved 
Exact Question : Can company hold employee's relieving letter and last month salary over financial dispute which is unknown to employee till last month ?

After resignation employee served notice period of 90 days (have mail copy and resignation acceptance from employer)

Financial dispute : Finance department added extra amount in "special allowance" category for each month over a period of 2 years in employee's salary account, the same is reflected in payslips and paid taxes.
And now after employee's resignation they found the error from past two year financial record, claiming immediate settlement of those extra sum amount and company holds the relieving letters, last month salary and payslip. What is the necessary step I should take legally?

Also if I want to join new company, how I can explain situation there?

Please help.
P. Venu (Expert) 02 December 2017
The company is entitled to recover excess payment, if any.
Kumar Doab (Expert) 02 December 2017
AQ.............so NO reply............
Kumar Doab (Expert) 02 December 2017
Pls post with your ID and you can get many replies............
Kumar Doab (Expert) 02 December 2017


While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Querist : Anonymous (Querist) 05 December 2017
Thanks for all the replies.

I am the one, who raised this question. I am new to this forum. I couldn't able to change the settings of this question to add my identity here.

I will provide the details here,

The company is CMMI level-3 certified - IT based in Bangalore. Around 250-300 employees are working here. I was served as a full time permanent employee as Software Engineer from Oct- 2015 to Nov-2017. I was reporting to Team Leader. After resignation I served 90 days notice period completely.

I have offer letter, payslips for all months, salary account statements, resignation confirmation mails and PF statements.
And yes, the company has appraisal system and I have the appraisal letter for the year 2017-18.

No there was no remarks on me, as memo/notice on misconduct.

I submitted all the clearance forms on last working date in which HR didn't signed but from my side I completed my formalities.

I asked for Relieving/Experience letters through mail, they sent reply just mentioning the amount which is pending from my side (Not explained anything clearly, like reason for the repayment), and they also mentioned as `will issue all letters after paying back the sum amount to them`.

So I asked again to mention the reason for repayment, preferable method to pay back (taxable or not) and procedure for submitting my returns. For which they didn't replied me in a week time.

Kindly help me, what I need to do?
Kumar Doab (Expert) 05 December 2017
Pls post with your ID and I shall post for you and help you throughout.
Kumar Doab (Expert) 05 December 2017
There are many postors and impostors, impersonators, that post routinely as AQ just to fetch illustrated replies, citations and misuse to allure and fleece unsuspecting querists.

Kumar Doab (Expert) 05 December 2017
Mr. P.Venu,

It is interesting query. I have gone thru some relevant material also.
I shall share with you.

Kindly share with all needy ones and help them.
Don't share with IT=@PSD.
Kumar Doab (Expert) 05 December 2017
Dear LCI Querist @ AQ,

I shall share the material I have gone thru.
Don't share with IT=@PSD and all under IT's multiple fake ID's that have been blackened/shunted out.


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