Salary & full and final stopped by employer
Querist :
Anonymous
(Querist) 26 June 2017
This query is : Resolved
Hi
I have worked with one of well known organization, where I have resigned from my duties after completing & serving notice period, have completed handover process, surrendered all assets, completed all formalities and taken clearances from all departments. I have copy of resignation acceptance, last working day, exit formality completed as per company norm. Now after too much of follow up of 2 months I received my full and final schedule from HR. At the time of payment HR has stopped my pending salary and sent me a legal notice on joining competition company.
How can I get my pending salary and Full and Final payment.
Anand Bali Adv.
(Expert) 26 June 2017
Please show me your Appointment letter of the first company which I easily can presume is of one multinational and probably of IT side. As they include such af the terms and conditions in their appointment letters which in fact are mostly un-in-foreseeable by India Laws in law courts.
You need to first serve them a legal notice reply preferably drafted by a good Advocate on your behalf and only then proceed for your claim.
Kumar Doab
(Expert) 26 June 2017
Post query with your ID and you will get many replies.
AQ, is not replied.
T. Kalaiselvan, Advocate
(Expert) 27 June 2017
Have you signed a non-competence agreement with the employer at the time of leaving the company?
In contract law, a non-compete clause (often NCC), or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).
Section 27 of the Indian Contract Act-1872 provides that ”Every agreement by which anyone is restrained from exercising a lawful profession or trade or business of any kind, is to that extent void”.
Indian law is therefore very clear and strict on this point, any such non compete agreement shall not be binding on the parties and the same shall be null and void. By using the term void ab initio, for such type of agreements it has shown that it has kept such non compete clause in the agreements beyond consideration. Indian courts have also consistently refused to enforce post termination non compete clauses in employment contracts as “restraint of trade” is impermissible under section 27 of the Indian Contract Act-1872, and have held them as void and against the public policy because of their potential to deprive an individual of his or her fundamental right to earn a living.
You can plan the option of initiating legal process for recovery of the dues to you from the company based on the documentary evidences in your possession, let the company give a reply to the court and try to convince the non-maintainable law before court.
Rajendra K Goyal
(Expert) 27 June 2017
No reply to query from an author who is anonymous.
