Dear Sir/Madam, I was working in a manufacturing firm for the last 10 months ,I gave my resignation 1 month back and served the concerned notice of 30 days ,during my last day we are supposed to sign a no dues clearance form from each dept which I did successfully from other dept but was unable to get from my own boss ,the reason being I had misplaced a material within the company premises and it was untraceable for the past 4 months ,now the dispute here is that she isn't signing my relieving form as she says the concerned material needs to be found ,for which I need to visit the company again inspite of completing my tenure of notice I need to go extra plus it's been 20 days since I received my salary for the days I worked during the notice ,what shall one do in such cases ,my dues can't be settled unless my boss signs it's now for the past 20 days I am without salary and letter ,she says we haven't officially releived,, the doubts I have in my mind is that can any company hold an individuals salary or dues inspite of completing his notice ??can a company claim dues from an individuals salary ?? I went through my call letter of the company when I joined there is nothing mentioned about recovery of dues incase of misplacement as such ??? what do I do I need your expert advice on these kindly help
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1, If you fall withing the category of workman then lodge complaint with the labour commissioner.
2. This is very cost effective and expeditious method to resolve dispute through legal means.
3. If you do not fall within the category of workman then filing of civulsuit is only remedy.
4. However considering the nature of dispute pursuing a cvil suit would neither be cost effective nor expeditious.
5. So try to resolve it amicably by way of negotiation.
Good luck.
1)seek clarification from the company whether they would continue to pay you wages as you have not been officially relieved
2) if the company says no salary would be paid for extra days worked by you stop going to office
3) request the company to clear your dues for the notice period
4) if company refuses to clear your dues issue legal notice to company to clear your outstanding dues
1. not issuing relieving form is illegal because employer is bound to relieve the employee on receiving notice and expiration of notice period mentioned in the contract.
2. employer cannot impose new terms in the contract and stall the relieving of employee on base less grounds.
3. misplacement of document causes loss to the employer therefore he can charge or take damages from you but cannot stall your application.
4. you should file a case either before the labour tribunal or any alternate forum mentioned in the contract to resolve this issue, if there is no such forum then you can file a civil suit for direction of issuing relieving letter.
The company can withhold your relieving letter including the F&F and arrears of salary if you are held liable for loss of any asset of company.
You may have to make good the loss of the material if you are not able to trace the same and handover to the concerned department
Any legal action that may be initiated by you i this regard may not be maintainable.
