Help

What is this establishment: Commercial or Industrial?

How many employees are employed in this company?

Were you under probation period?

What was your designation and nature of duties? 

 For how many months you have been employment?

Have you signed any Non Compete Clause/agreement, service agreement, Bond with the company?

If possible try to convince the next company to absorb you on the strength of acceptance of resignation and not to press for relieving letter.

You have resigned and your resignation has been accepted.

You have left the assets and company has made a not of it in email sent to you accepting your resignation.

You have provided the documents desired from you.

concluding you have complied to everything and nothing is pending at your end, and demand the documents and payments due to you from appointing authority, MD in writing under acknowledgment:

Prior to lodging a formal complaint you may submit a representation addressed to appointing authority, MD and narrate all representations made so far ( by phone: mention phone numbers, names,  by email, fax, letter, in person etc) and brief minutes of discussion, concluding you have complied to everything and nothing is pending at your end and decline to accept any reason for delay and demand that your wages be paid at once by bank DD only to be supplied thru redg. post only alternatively you can request to transfer in bank a/c ( if company has not opened a salary a/c) and submit Bank a/c, RTGS/IFSC code etc..............................so as reach you in next say 3 days...................along with last month salary slip, FNF statement ( for verification and acceptance), Form 16 as per correct FNF statement, Service certificate, Relieving letter, PF number-a/c slips for whole tenure of employment, ESIC number/card, etc........

If company has defaulted on payment of wages it must have defaulted on PF, ESIC also..................

In case of dispute employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under Shops and Commercial Establishments Act; 

- Inspector under Payment of Wages Act

-o/o Labor commissioner

- RPFC for PF

-ESIC Inspector

- -ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files return. 

-Civil Court.

Dear Sir,

Its a commercial company and an MNC.

The whole thing is that my resignation was accepted but my reliving is being delayed with stupid reasons.

As per the contarct that i signed while joining the company it stated that either its a one months notice or penalty of not giviing the notice.Which i was always ready to pay.

After providing the undertaking from the client as requiored by my ex boss  that i did not receive any hard copy of the document,he has now started playing this game.

Would kindly like to know that if i join the other company which is a compition will my ex company put any kind of legal case on me.

Keeping in mind that my resignation has been accepted, the company assets have been left in the company workstation locker and the same i mention in my resignation mail on which i got the resignation acceptance revert.

I had been with the company for 3 years.And also that it has been 3 months now that i have resigned.

For the past 3 months i have not received any salary so that does prove that i am no longer on the company records and have the liberty to join anyother company if i want.

Kindly guide.

You have posted that:

---“ The whole thing is that my resignation was accepted but my reliving is being delayed with stupid reasons.’

If resignation has been submitted by you then date of retirement (resignation) is chosen by you (the employe).

If your resignation has been accepted then you would be separating by the date of retirement (resignation) is chosen by you.

Prior to that if company has communicated some process of handover, exit formalities and if you have completed it then nothing is pending at your end.

---“ As per the contarct that i signed while joining the company it stated that either its a one months notice or penalty of not giviing the notice.Which i was always ready to pay.’

You may affirm to adjust notice pay in FNF statement and demand the same to be supplied to you for verification and acceptance.

---“ Would kindly like to know that if i join the other company which is a compition will my ex company put any kind of legal case on me.’

If you have not signed any service agreement, Non Compete Clause/agreement then company does not have any right to claim any legal injury or anything and issue any notice to you.

Indian courts have consistently been declining to enforce Non Compete Clauses/agreements post termination of employment as it hits Indian Contract Act and right to livelihood and earning.......................

You can join any other employer.

Still if the company bothers you then you can very well approach your labor consultant/service lawyer and lawful authority (ies) as already highlighted.