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Sunny Joey (Senior Software Engineer)     13 September 2017

Final settlement and experience letter being held up.

Hi,

I was an employee of a pretty well known Software Consultancy and was deployed at the client place of a reputed Software Company, Due to certain reasons I had to leave my job. We need to notify the concerned HR person 1 month in advance as the notice period for exiting the company was 1 month. When I sent an e-mail regarding my resignation and to consider the present date as the start date of my notice period, I was suddenly relieved within 2 weeks from both my client place and my consultancy without any deliberation from my end. My Salary for the last month ( around 30+ k) was withheld quoting a reason verbally that the same would be provided along with my Final Settlement and Experience letter.

Till the present day, for the past 2 years, I have been struggling to obtain my Last month's salary and my experience letter from this consultancy ( I have been sending constant reminders to my HR and the Payrol team without any responses until recently ) and now I've started getting e-mail responses from the consultancy that I have to pay some money around 35-36k as my notice period recovery money in order to obtain my experience letter, since I did not served the one month notice period as per my appointment letter in the consultancy. Please note that they had relieved me earlier without my consent and suddenly on their own accord and now are stating that I did not serve the notice period and hence need to pay the extra amount.

Can you please let me know how to handle this situation? Can I file a lawsuit againt this consultancy in Consumer court or Labour court? If not in the above 2 courts how can I proceed in getting my money and experience letter from this Software Consultancy which seems to have gone into the mode of trying to intimidate me with the ploy of asking me to pay money back to them and trying to swindle me of my hard earned money as well as my experience letter.

Thanks for your expert suggestions, guidance and help in advance.
 



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 3 Replies

Siddharth Srivastava (Advocate)     13 September 2017

You are neither the consumer nor a labour so you cannot file case in consumer court or in labour court. Consult a lawyer and sent a legal notice demanding your dues with interest and cost. File a suit for recovery only. Sidharth 9811776422

Siddharth Srivastava (Advocate)     13 September 2017

You are neither the consumer nor a labour so you cannot file case in consumer court or in labour court. Consult a lawyer and sent a legal notice demanding your dues with interest and cost. File a suit for recovery only. Sidharth 9811776422

Anupam Sharma (Server Engg.)     17 September 2017

Pls provide your mobile no. I will provide you a phone no of a IT employee who is facing similar problem and has succeeded in screwing the management.

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