Hello,
I was working for a Xyz Pvt. Ltd. firm. I gave my resignation & served their notice period of 1 month. My appointment letter has a clause “ A written undertaking that you would not join any competitor for a period of 1 year from your resignation will also be necessary in such case ”. The director had given me a verbal commitment that he will pay the FnF in 20 days time. But its been 50 Days now they have not cleared my dues. Things that happened in the last 50 days
- They asked me to sign a Affidavit that I can’t any competitor or any of their customer.
- They showed me the FnF calculation. In which they deducted the insurance amount from my FnF.
- Secondly they deducted a certain amount and mentioned it will be paid during Diwali as bonus.
- They asked me show the letter of the firm where I joined
- They also sent a person to my place to check if I'm working or not.
I gave them I written undertaking on plain paper that I won’t join any competitor. As there was a discrepancy in the Sign I gave the letter once again. Still the firm says the sign doesn’t match and my documents are incomplete.
As I was not given a clear date that when my Dues will be paid I gave a written complaint, to the Labor office. I don’t have documentation to prove the FnF Amount that is due. I.e I don’t have my tour claims, attendance report etc.
My concern is
- I'm bound by law to sign a undertaking.
- Can the employer deduct my insurance amount
- Can the employer hold a certain amount as Diwali Bonus
- Can the employer ask for joining letter of other firm
- What kind of documents are needed to prove our point in Labor court.
Await for reply
