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anantharamu (Software Engineer)     29 May 2008

Legal Advice For My problem on My Relieving in Software Company

Dear Sir

Now i am working as a Software Enginner at
chennai.
In my company i am having problem in my
relieving.Actually I got appraisal on APRIL 2008.But i
didn't satisfied on that appraisal. I put a paper on
my company 0n 07/04/2008. Initially HR told we are
accepting the resignation but we didn't conform your
relieving date. Like that now two months completed. I
didn't get my relieving date till now.When I asked to
HR ,She told we won't relieve we give the appraisal
now only like that they are telling.Actually in my
company notice period is two months.I have completed
two months.I didn't get any salary for last two
months.

They are not giving relieving order.How i can take
action to my company ? Pls help me



Thanks & Regards

B.AnanthaRamu



Learning

 7 Replies

Prakash Yedhula (Lawyer)     29 May 2008

Initially you send a legal notice and follow it by filing a suit for recovery of teh salary since you cannot approach the labour court as you would be out of the purview of the ID Act

Guest (n/a)     30 May 2008

Very nice Am new to this site

Guest (n/a)     30 May 2008

Very Nice, Am a new comer to this site

H. S. Thukral (Lawyer)     31 May 2008

Clarifying what Mr. Praksh has said, A software engineer is not a workman because his work involves creativeness and is self governing. Procedure to recover the money due towards your employer is through a civil suit as advised herein above by Mr. prakash.

Guest (n/a)     01 June 2008

Very right, first Notice then Civil suit for recovery of salary

Ashok Sinha, Jabalpur (Advocate High Court Civil)     01 June 2008

Very right, first Notice then Civil suit for recovery of salary

anantharamu (Software Engineer)     02 June 2008

Hi All


Thank you for your quick replay. i want to know the procedure to send the notice to my company ? where i am approach to send the notice? Can i get relieving order and my salary after put a case? How long it will take ? and how much amount need for case? What are the documents need to put a case? Can i join to another company without relieving order? Please clarify me.

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