He should leave the company but he should demand all the dues be cleared. They are not paying as they want him either to stay or leave without pay. He has already given notice as the agreement and is is complete conformity with the terms of the agreement.
Not releaving from company even after putting releaving letter before 6 months.
My friend work in a company for 4 years. He put paper for releving before 6 months. But they did'nt reply for that mail and not confirming releaving date. In our offer letter conditions for releaving as mentioned below, "14. Termination of Service/Resignation: After successful completion of probationary period, the service of the employee shall be terminable on either side by giving 90 days’ prior notice. The relieving date of the employee might be extended in case the project is at a critical juncture or the company may also at its discretion relieve an employee from such date as it may deem fit, even before the notice period, without compensation for the remaining period and is not bound to give any reason thereof if such termination is for ethical or moral grounds." . Also company is not giving salary for him for past 3 months. Can you please give suggestion in this case.
Asked 5 years ago in Labour
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
10 Answers
Inform the organisation that you have not received salary for last 3 months and it is not possible to work for the organisation any more
that he as served 3 months notice period and request company to give relieving letter
If your friend had sent resignation letter by his by personal email id then no need to wait in the company can join any other company on that basis and ask for the compensation for last three months including full n final settlement.
Also company is thredening of not giving releaving letter. Also in our appoinment letter there is one point is having , the releaving date of an employee can be extended. Is company has able to hold his entitlements and releaving leatter based on this point. Almost all employees in this company facing this issue. How we can hadle this legally. Also i am also plan to leave this company soon, How i can handle if face this problems
Asked 5 years ago
Dear sir/ma'am,
This is a case of breach of contract. Firstly, issue a legal notice stating your plight and the dues that the company hasn't paid. Also state in the notice that in case your demand is unmet, you will approach the labor court. You can in the mean time join any other organization. Hopefully, the company will pay you back your salary after receiving the notice. Thank you.
You can resign as company has failed to pay your salary for last 3 months
you can sue the company to recover your dues
He should follow it up with his company and not just sit quiet after sending the resignation through email.
In fact he should have tendered the resignation in writing mentioning the notice period and date of last working day as well.
Since he had tendered his resignation six months back, what made him to work in the company beyond the requisite 6 months time.
If he has not been paid for the last three months then what did he do about it till now?
He should have demanded the salary if he continued to work in the company till this date.
He only has to initiate actions for recovery of arrears of salary and also to procure the relieving letter and exhaust the remedies available locally after which he may adopt legal process if necessary for remedies.
The company cannot hold the employee beyond the notice period even if it is not accepting the resignation for any reason.
Once you tender your resignation you are then bound by the employment laws or rules in your country governing resignations and the exit terms in your employment contract and/or employee handbook.
- I hope you have enough proofs that your resignation letter has been received/ accepted by the your supervisor.
- Send a representation in writing to the top management mentioning the details of the discussion, time,date, place, people present and request his intervention to accept the resignation.
- You can inform that you are not willing to withdraw the resignation and will not work because you have served the notice period is over (as per contract) and It will not be possible for you to extend your stay. Please mention that you have not received the date of release in-spite of reminders.
- Get clearances parallel from department like accounts, systems, library etc stating that there are no dues or assets against you. Send an email that you have no assets or documents of the company.
- Have adequate proofs of employment like PF statement, last 3 payslips etc
The above steps may help you to challenge the company through labor court.
You can send resignation by your personal email to HR and operations manager of yours. As per the employment agreement and inform the same to new company the issue you are facing with company if they do not provide experience or relieving letter to you.
Send a legal notice.
You will be safeguarded.
Regards
G.Rajaganapathy
High Court of Madras
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, the said company is bond to issue relieving letter , and salary dues if any ,
- Send a legal notice for getting the same.
