Not releasing fnf even after two months
Thomas
(Querist) 05 August 2015
This query is : Resolved
I am working for an IT company and I sent my resignation letter withing 15 days as they employer was asking for bond for each project (e.g if I'm going for a 6 months project, I need to sign 1 year bond). But as they processed my visa to Nigeria, I accepted to go there and finish the first phase.
As per the company hand book, notice period in probational period is one month. But CEO said they we will not relieve you when you are in project that is our policy (not written in document).
After one month I came back to India and asked them to relieve, but after a long discussion they asked me to do KT. I spent one more month there (so total 2 months).
They holded my 2 months salary and my 17 days onsite perdiem (When I was in onsite they were not paying me salary and stopped my perdiem also).
Then I completed all relieving formalities and said my fnf will be done after 45 days. After a month I got my relieving letter also.
As there was no income (I had no offer in my hand when I relieved) I asked them for salary immediately after 45 days. But they asked me to wait 45 working days. I requested them to release at-least my perdiem as I don't have money to pay my emi's and rent, but they didn't hear.
After 45 days again I contacted them (contact means I sent may mails they wont reply, hardly I got two reply for 20 mails. HR attends the call and says within 5 minutes he will call back and after that he will not reply). Then he asked me to wait two more week. Now again he is not responding to my mail and calls.
Questions
1. Do they have right to hold my two months salary when they mention in their handbook that the notice period is one month?
2. Do they have right to hold my perdiem when I am away from my home country?
3. What shall I do when they are not completing my FNF? They are threatening that they will give bad feedback when new employer call...
P. Venu
(Expert) 06 August 2015
The company's action is unreasonable. The action possible depends on your mettle.
Rajendra K Goyal
(Expert) 06 August 2015
The company has no right to hold your F&F or diem allowance. You can send registered letter quoting details of all mails and telephonic calls.
You can claim legally also, it may take 2-3 or more years in decision and a portion of your claim in advance as legal expenses.
Thomas
(Querist) 06 August 2015
Will it take this much time if I give a case?
This is why employers are doing so...
Mr. Venu,
Can they hold my perdiem as part of FNF, as per my knowledge they should not hold my perdiem at any cost as it is part of my expenditure (An employer sends employee to another country not paying salary and even perdiem?)
