You can approach Labor commissioner for relief. Company is bound to honor contrition of appointment.
Employee rights to take disciplinary action on Employer
I am currently working in software field,i have recently joined with one of small company payroll and working at client location. At the time of joining,I have agreed the below condition at the time joining with payroll company. 1)Offer/Joining Letter:If i wish to leave i need to serve 15 official notice period. 2)Joining bonus: My payroll company agreed that they will release Joining bonus with the 3rd month salary and there is no condition like that i need to be work for 1/2 yrs duration. Now i have completed 3 months service and i have planned to move another company. Query)They were not at all ready to release Joining bonus & not relieving me from job. They are breaking the agreement, what ever the Joining bonus & 15 days notice period. Q1)As a employee is there any legal proceedings can taken on them,if they break the agreement? Q2)In case after I have been relieved,if they will not support my employment transaction,what action can i take legally ?
Asked 6 years ago in Labour
17 Answers
1 Yes you can go to the labor court and file a complaint. You may send a legal notice before going to the court.
2. Move to the labour court.
Regards
You can resign give 15 days notice
2) request company to issue you reliving letter and pay your dues
3) if company fails to pay take legal proceedings to recover your dues
Yes you can send them a legal notice and file a case in the labour court. Their action is clearly in violation of the agreement.
Regards
You can file a case before labour commissioner against your employer. You can also book him for breach of contract and claim damages
What you are contemplating has a long process and headache so I will not suggest, as you have a short period of service with the company at least you should leave in a decent manner so try to negotiate with them through HR.
First try to get relieving letter clear cut then after that if they will not pay joining bonus , claim it after wards by way of filing a case for the same before the appropriate forum.
Dear Sir,
The relationship between private employee and public limited company or private company is very sensitive provided you have determined to leave the job. You cannot make issues with your current employer. It has long side effects even after you quit the job.
You should send a mail for resignation to your compamy as per the terms of resignation as mentioned in the letter of your employment. Along with that send a copy of your resignation through a registered post as well.
In case the company does not accept your resignation even after you have taken these steps, you may issue them a legal notice through a lawyer.
Yes employee can take legal action against the employer for non compliance of the contract.
You can claim compensation for loss of opportunities due to late relieving from the job even after Serving proper notice of 15 days.
For that you need to file suit in civil court.
1. You first tender your resignation in writing and get their reply in writing rejecting your request to relieve you for any reason they may rely upon.
You can then plan to initiate legal steps to demand your dues including relieving letter by issuing a legal notice citing their conditions and terms of employment, after that you may plan further legal action.
2. You can take appropriate legal action
- As per the information mentioned in the present query, makes it clear that you have been harassed to no reason.
- You have two options, either you take them before the civil court of law for breaching the agreement where you can continue to contest even after joining somewhere else.
- Or you leave the company with all your relieving formalities and have everything on mails and then file a suit for compensation for breaching the agreement of employment.
As a employee , i am working at client side(Child company). 1)I given 15 days notice period and 50% of notice period (8 days) completed. But my parent company not giving last working day confirmation,even i have sent NOC & LWD confirm from client. 2)Parent company getting delay wantedely on LWD confirm ,to skip release of Joining Bonus. This delay is reflecting my next company date of joining and my next company is expecting LWD confirm,otherwise i have to loss job opportunity. 3) I am sending couple of Gentle reminders to my parent company for LWD confirmation,but they pushing it on their child company decision,even i shared NOC/LWD confirm from the child company. Just they playing mind game here, if they delay of LWD confirm,employee will automatically leave job and forget about Joining bonus. In this critical situation, how can i demand for LWD confirmation & relieve letter which these are very important to join with next company. Please assist me on this.
Asked 6 years ago
You have resigned after working for just 3 months
2) you have submitted NOC from client
3) if company has failed to furnish you bonus and relieving letter inspite of serving the notice period issue legal notice to company to do so
You need to send legal notice and complaint to labour commissioner. You can also pursue a complaint in labour court
If the company agreed about your resignation and confirmed about this especially to your proposal of to pay the compensation amount towards the balance of notice period, you may remain absent from attending the company from the date which the notice period expires, let them take any legal action because as per law they cannot hold you back in the company when you agree to pay the notice period after serving the partial notice period, hence no legal action is maintainable in this regard.
HI Sir, 1)Reg to relieving/exp letter: Now i have completed 15 days notice period & LWD also completed. If ask for relieving letter/exp letter HR person saying that after the Full & Final statement only they willing to send relieve/experience letter to me. How can i get relieving/exp letter, wantedly, this delay will reflect on my next company joining. & 2)Reg to JB: After 3 months also,they haven't released Joining Bonus, which they agreed to pay along with 3rd month salary & I never agreed that any minimum period of working required. If i ask verbally, they are responding that JB 40K amount will be paid in 4 EMI's up to next 4 months else if i fight, they blackmailing that there will side effect after I quit the job.... Clearly this is breach of agreement, even it is very small consultancy. I am sending couple of email reminders, then only they responding like their finance manager approval pending....so and so reasons. After I released from company, now they wantedly putting link that relieving letter will be send after F&F settlement. Indirectly F& F depends on Joining bonus approval pending. After this harrashment they are expecting that automatically i will ask relieving letter with out asking of pending Joining Bonus. They playing mind game. If i send legal notice & file a case at labour court,it will be reflect on my next organization joining. Please assist me how to get relieving letter along with JB.
Asked 6 years ago
1. You can issue a legal notice demanding your relieving letter and also the other dues from the employer after which you can plan further legal steps.
2. You can consult a local advocate and send the legal demand notice for all the dues that you are entitled from the company including the F&F settlement and the joining bonus.
wait for full and final settlement being done
2) even if you go to court it would take time to get reliefs from court
3) it is in your interest to forget joining bonus and take relieving letter
4) litigation is long drawn and expensive proposition
It may not reflect but you don't have a year choice. If you feel it will affect then don't file it