Negative Verification
Deepak
(Querist) 05 September 2016
This query is : Resolved
Hi Team need you help,
I had given my services to Sai Softek Service Pvt. Ltd. from 21st November 2013 to 2nd November 2015 and worked in US Accounting department.
Sai Softek had plan to relocate the US Accounting department from Pune to Chennai, because in Chennai they had a sister concern company named Saicle1. Saicle1 is a medical billing BPO which is working 24 into 7. For cost saving Sai Softek planned to move theUS Accounting department from Pune to Chennai and their expectation from me was to move along with the department, which was not feasible for me.
While I was working with Sai Softek Service Pvt Ltd, I searched for other options in Pune itself and resigned in the 1st week of October to join DSR Infotech Ltd, my notice period to be served was 2 months, however as I had to join DSR Infotech sooner I bargained for a month notice period in Sai Softek. Later, when they couldn�t get any back up for my position they asked me to be with them until they hire a new colleague and get him trained completely on the process, which as per them would have taken another 2 months. So, technically they asked me to serve a notice period of 4 months, after I served notice period of a month, they withheld my salary and asked me to sign a contract wherein they stated that I will be serving the company for another 3 months or until the new hire was completely trained.
As, I was supposed to join DSR sooner (being getting a better opportunity and also ask from Sai Softek was not appropriate), I decided to quit and joined DSR, I explained the situation to my new company and they understood the situation and just asked for my resignation letter for documentation purpose. Since then I am requesting Sai Softek to provide me the Salary and the experience letter, but they are denying me the same.
I emailed them couple of times, also called them up, to clear any dues pertaining to my not being able to serve the notice period as they asked in monetary terms, I also went to the office to meet HR in person, however they are not responding to any of my concern raised. In near future I am planning to file a case against Sai Softek for keeping me away from my due and providing negative verification against me to other organization.
Plz help me to how to file a case or what should I do now?
Kumar Doab
(Expert) 05 September 2016
What is this negative verification?
Do you have copy?
Kumar Doab
(Expert) 05 September 2016
Notice period of 60days may not necessarily be applicable in your case.
You may relate with similar query discussed at:
http://www.lawyersclubindia.com/experts/Experience-and-relieving-letter-614726.asp
Kumar Doab
(Expert) 05 September 2016
Do you have any evidence of demand of new contract ( for 3 months) extended notice period to 4 months?
Raj Kumar Makkad
(Expert) 05 September 2016
If the query is repeated then why to reply?
Raj Kumar Makkad
(Expert) 05 September 2016
Doab Sir! You are contradicting your own views sir......
R.K Nanda
(Expert) 06 September 2016
Repeated query.
Kumar Doab
(Expert) 06 September 2016
Respected Mr. Raj Kumar Makkad,
Sir,
I have only mentioned a thread that pertains to application of notice period to an establishment/employee/office of establishment, located in Maharashtra (Pune) in this thread i.e. thread at;
http://www.lawyersclubindia.com/experts/Experience-and-relieving-letter-614726.asp
In this and referred thread the location is Pune (Maharashtra).
The subject; application of notice period/pay, has been discussed in detail with requisite citations, in the referred thread.
The author can relate application of notice period as per coverage available to him.
I have not attempted any contradiction.
Still if you felt any,contradiction, I regret it.
If such contradiction is pointed, I shall attempt to respond, with my limited understanding.
Yourself as a Senior and a very able counsel may resolve the query for everyone's benefit.
With Regards
KumarDoab
Rajendra K Goyal
(Expert) 06 September 2016
Send registered Ad letter for your claim and if no action, discuss with local lawyer and send legal notice.
Raj Kumar Makkad
(Expert) 09 September 2016
Contradiction is just intimating repeating the query and even then replying the same.
Kumar Doab
(Expert) 09 September 2016
It is not a repeated query.
I have not intimated repeated query.
Kumar Doab
(Expert) 09 September 2016
The link of a similar query was posted for the benefit of author.
After contradiction was pointed I have not posted in this thread.
