Company holding back salary and experience letter
I worked in an IT firm for 12 years. Last April, I attended a mandatory technical training. For the training, I was supposed to sign an agreement which was on plain paer and did not have company logo nor notarized.
After the training whcih was over within a month, I was not put in a project where I could utilise the training. After more than a year, in May of this year I quit the company. Now company is holding back my experience letter and last 2 months salary and demanding I pay full agreement amount of 2 lakh rupees.
I had given a 3 months notice and was not made aware of this during my notice period.
Please let me know if I have legal options which I can pursue.
Asked 2 years ago in Labour from Pune, Maharashtra
You should send the company a legal Notice, demanding your two months payment arrears due and the experience letter.
You can mention that you were not informed about this payment of two lacs rupees, during your Notice period.
You can pursue this matter further if the company fails to pay you after sending the legal notice.
You can either approach a labour court in Pune or the concerned company office is or if you were working in a managerial level, you should approach a civil court for recovery of salary arrears, with interest and compensation .
Since your notice period was served and there was no letter stating any objection and they accepted your resignation , so It is not you they are liable to pay you .
A. To whom with you are entered in to the contract or agreement? check the agreement copy. And what are the terms of the contract? It can be presumed that not valid contract unless specifically mentioned the both parties and paying sufficient stamp duty.
B. What are the terms and conditions mentioned in the appointment letter? Is there any contradictory clause with respect to the same in your appointment order?
C. Issue a legal notice to the Reporting Manager or HR Department to pay the pending salary and experience letter.
D. If you fail to get prompt response from the employer, you can approach the court to get remedy.
1) It is important to know the contents of the agreement you signed. Even if you signed an agreement that did not bear the logo of the company or not notarized you will be liable.
2) As regards the company holding back your salary you can send a legal notice demanding the release of it as you have complied with notice of resignation and have not been notified of any liability during that time.
3) As you have not been assigned any assignment it is not your fault that the training wasn't utilized. You can sure the company if the company fails to comply with the demands in the notice.
1. Before you went for the training or at any time, did you sign any agreement which stipulates that you shall have to pay the amount spend on you for your training, should you quit the Company with in a specified period after availing the training?
2. If yes, hen you shall have to pay the agreed amount,
3. if no, then you are free to leave he Company with out paying any training cost,
4. If it is a fact that the Company is unduly claiming the training charge and are holding your salary and experience certificate, you can lodge a police complaint and then lodge a complaint before the local Labour Commissioner.
The agreement was not on stamp paper nor it was notarised. It was a printout on plain paper which did not provide details on what company was spending for my training.
I am requesting the company to release my letters and salary and send me a legal notice for payment which they are not willing to do. I dont mind paying if I get a legal document stating that I am liable. However, compaany sent me just an excel sheet and asking me to pay 2lakh rupees.
Asked 2 years ago