You can file a complaint to labour commissioner he will take action against the employer. Complaint under 406 is only maintanable if your original educational certificates are withhold by him
Salary and experience letter holding
I have bond with my employer for 1.6 years. They have collected cheque of Rs 1 Lakh from me on the joining day including authorization letter. Currently, they are holding my cheque. Bond is broken after completed 1 year. I put my resignation on mid of Feb and the day was Friday. As per company policy, counting starts from the next working day. In the Appointment letter, they are mentioned 3 months notice period without any additional clause. They are forcing to work for an additional 2 days. They are directly holding 1 Lakh from my salary of Feb. March month salary also they are holding. As per our company policy, the current month (March) salary and experience letter will be hold for 3 months after reliving date. My last working day in May. Actually, they are holding a salary for 5 months(March-August). They will provide reliving letter last working day. April, May salary will get as regular. They are nothing mentioned in the appointment letter and doesn't provide a copy of the bond agreement. I didn't get any Company policy handbook. They are sent an offer letter from High Profile company. That's the reason to choose that company. But my agreement with their sister concern (They are telling we are group companies and that company is our parent company). Its low profile company. The appointment letter, insurance, salary, and payslips providing by this low profile company. Can I get compensation for this cheating? My bond agreement is valid or not in this scenario? Do they have any right to hold my cheque, salary, experience certificate? Which is law is powerful? company policies or labor law Please give me a solution.
Asked 6 years ago in Labour
6 Answers
See since you have accepted the offer and signed bond it is valid. They have no right to hold the salary and cannot ask for additional notice period serve a legal notice to them to release the salary and remove the condition of extra two months notice period.
In case they fail to give you salary file a complaint with the labour commissioner.
The internal policy of any company, has to be in line with the local labor laws. The labor laws will prevail upon the company's policy.
The service bond you signed with this company cannot be enforced. This is a fit case where in you need to send a legal notice to your employer, highlighting all your grievances.
Company policy cannot over ride labour law
2) no case of cheating is made out
3) you have accepted appointment letter , salary slips etc from new company
4) you are entitled to copy of bond agreement signed by you
5) you can by email request company to forward you bond allegedly signed by you
6) no harm in working for additional 2 days
7) if company does not clear your dues sue the company to recover your money with interest
File a complaint with the Labour Department giving full facts as they are adopting wrong practice.
They cannot hold your dues illegally.
If the service bond period is completed then they cannot ask you to pay the bond amount on resignation.
If they are holding your cheque, then you may issue a notice to the bank to stop payment on this cheque being presented.
They cannot file cheque bounce case against you since there is no legally liable debt between you both.
You can issue a legal notice demanding the arrears amount due to you and the experience certificate and relieving letter etc.
Labor law will be applicable to your case .
