Compnay not providing relieving letter and due salary
soni
(Querist) 02 August 2014
This query is : Resolved
Hi,
I am a IT professional, few days back I joined new company . In my previous company there was notice period of 45 days but I served only 25 days notice. According to my offer letter there was buy out option. So during my notice period I talked many times with HR and Mgmt. head regarding to buy out notice but they were not agree on it. When I told them that it is mentioned in Offer letter then they told me that its Management decision so we can not relieve you before 45 days. And they already deduct my 15 days salary from last month and also they not paying my next 25 days salary.
At last day of my notice period (on 25th day), I requested many times for relieving but they were not agree on that. So I mailed them that today is my last day in company and I am not coming from next day.
Next day I joined my new company, they allowed me to join them without previous company relieving letter.
After few days of living previous company, previous company HR sent me a mail regarding notice and a demand of money.
So please let me know what I need to do in this case. I have all conversation mails regarding resignation and relieving letter.
Please suggest me what I can do in this case.
Thanks
Soni,
Advocate M.Bhadra
(Expert) 02 August 2014
You have the right to demand a relieving letter,due salary and experience letter.If you have served your notice period or have made payment in-lieu as per the terms & conditions of employment as agreed between you and your employer as per the appointment letter and also you have settled any dues payable.If you have done all the above and still the employer refuses to provide you the same then you can demand those in writing through a registered post. You can serve a legal notice.Moreover you can seek to file a case in Tribunal also.
Raj Kumar Makkad
(Expert) 02 August 2014
You need to obtain the professional services of a local lawyer who shall issue legal notice to your previous employer and shall initiate further action accordingly.
ajay sethi
(Expert) 03 August 2014
you have failed to give 45 days notice period as provided in your appointment letter . you have served only for 25 days . buy out option is at discretion of management . as far as demand for money by old employer is concerned mention that you have not been paid your salary in full and to adjust amount demand by them against your arrears
soni
(Querist) 03 August 2014
yes,I served only 25 days notice out of 45 days because there was buy out option mentioned in my offer letter and I discussed it with them as before me they have relieved many people based on it . As my near about 1.5 month salary is due at their end and my relieving and exp. letter is also pending and after this they mailed me as a Notice for "loss on account of your abrupt action" and mentioned that if I will not pay money then they will take legal action against me.
So please let me know, can they take action against me or I need to take action against them ?
Devajyoti Barman
(Expert) 03 August 2014
They will do nothing. It is an empty threat.
Raj Kumar Makkad
(Expert) 03 August 2014
If buy back the notice period is available in case of other employees, no discrimination can be made with you. Serve a legal notice as already advised.
soni
(Querist) 04 August 2014
yes, there are many employees before me who relieved before 45 days either by buy back or without buy back. And please let me know what i need to do in reply of their letter regarding demand of money regarding their blame of "loss on account of your abrupt action" . As it was not my abrupt action because I already told them regarding my last day in their company and now they are threatening me for legal action.
Raj Kumar Makkad
(Expert) 04 August 2014
Engage a local lawyer and submit your reply as per his advice within stipulated time.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
