To recover Salary and get relieving letter from employer
Ysr
(Querist) 19 March 2010
This query is : Resolved
Hi Sir,
I worked for a company "ABC".ABC used to send to "XYZ" company to work.Contract is there between ABC and XYZ.
3 months notice period is mentioned in ABC offer letter.
I gave notice by resigning in 1st week of Jan 2010
But XYZ was released me from work by 2nd week Feb 2010.
ABC contract with XYZ ends by March 2010.XYZ did not want my services and released me from work one month after my resignation.
But ABC claiming that i have to pay rest of 55 days(total 90 days) notice period to get my relieving certificate.
I never asked me to release prior to notice period and though i was ready to serve FULL 3 months Notice Period but my employer could not able to UTILIZE my services.
They are holding my 42 days salary and not giving Relieving and experience letter.
I had emailed and talked to to HR - GM and MD of ABC many times.But no use.
They are asking to pay 50+days notice period or forget about 42 days salary to get relieving letter.
They did not give an opportunity to serve full notice period.
I was ready to serve full notice period.
Please let me know how i can proceed legally .
Can i SUE my ex employer?
sending Legal notice will help?
How can i send Legal Notice?
Thanks,
YSR
B K Raghavendra Rao
(Expert) 20 March 2010
You are employed by ABC and they are responsible for payment of salary and they should relieve you from your post after your resignation. You are deputed to XYZ and they are not your masters.
If XYZ relieved you earlier, it is the duty of ABC to employ you for further period and pay salary. There may exist a contract between ABC and XYZ but it should not apply to you as your contract of employment is only with ABC.
You may sue your ex-employer after causing a legal notice. You are required to send a legal notice through an advocate.
Ysr
(Querist) 22 March 2010
Thanks for your kind responses.
I will send legal notice to my ex-employer.
Please advice me to whom i can send?
MD of ABC or HR General Manager of ABC.
Doubt is ABC Head Office is in Kolkotta.
So my legal notice from bangalore advocate/court will valid for kolkotta based company?
Can i send Notice by a advocate from Andhra Pradesh.Since i have a family friend(advocate) in AP?
Thanks,
YSR
