Hi All,
I worked for almost @15 years with an Indian company having offices outside India also.
It was my first company and I joined a GET. With my hardwork and extraordinary performance, I could climb the ladders of my career in this company and enjoyed very good reputation with the company and customers.
After working for so many years, in Sept 2015 I decided to leave this company due to some family reasons (treatment needs for by Special Child) and submitted by resignation to the Company.
I was having a handsome leave balance due to so many years of my service and was promised by my Superior and HR that it would be adjusted with my Notice period. My senior forwarded my resignation to HR mentioning my last date in the company.
On the last day, after completion of my separation formalities and handing over all the company materials etc. when I approached the concerned HR personnel they showed me one format of the agreement termed as NDA (non disclosure agreement) however it mentioned everything about the Non-Compete clause which said I can not join the Competition of that company for 2 years (this company had many business lines and I was only working in one of these but still they wanted me to agree that I can not join the competition of the company in any of its current business lines), further it said I can not join any of the current of prospective customers of this company.
Since I was shown this document on the last day at the end of office hours of that day and I was not in agreement with the above clauses, I refused to sign the same. Then I was told that if I do not sign this then I will not get the settlement done and will not also get the relieving letter (incidentally it also mentions all these clauses ) and the experience letter and the dues will not be cleared. It was like getting a sign on a bond at the last day. Though in general the appointment letter (@15years old) still has the similar clauses.
Since I had to join another Multinational company (so called competitor to the first company) immediately and they accepted the email sent by my superior to HR as proof of my relieving they could allow me to join.
I then tried to contact the company HR personnel over phone and email and requested for the full and final settlement with my last month salary, PF, Gratuity and all other expenses like the payble annual bonus/Graciela. The company had a co-operative society of the employees and I had some shares worth @ INR 25000. This was also not paid. Further I was looking after the international marketing and my Expenses claims worth @INR 50,000 were also not paid to me.
After the second company where I worked @ 6 months, I joined another company and was paid all my dues and got a nice relieving letter from this second company (showed the difference between a professional Multinational company and the first Indian company for which I spent @15 years of very passionate service).
Now after @ 1.5 years still the dues are pending and I want to know what is the recourse to get this back. What happens with PF, Gratuity?
As I understand they can not hold this legally. Please suggest how to proceed in such matter.
