• Company holding back salary and experience letter

Hi,
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 1 year ago in Labour from Pune, Maharashtra
Hi
 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 .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Hello,
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.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
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