Mayank (None) 14 January 2015

Fnf and employee obligations

I had been working for a start-up and had to leave owing to a wrath with owner of the company (who is the CEO). Have been relieved from my services in October 2014. Till date my FNF has not been cleared despite repeated text and email messages. A date is promised and the company slips further from that date as it approaches. I have been communicated the settlement amount and have been issued an experience certificate though.

Here are a few questions I wanted to ask:

FNF settlement date and Employee Legal Obligations: As its already been over 2.5 months since my relieving and money not paid, do i have any legal obligation to stick to the services contract that prevents me from joining a competitive company?
Legal Remedy: Whats the best legal remedy to recover this money? What is the approximate time a legal procedure may take to recover the money? DOes the company pays the cost of litigation and other processes?

Thanks

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2 Replies

Senthil kumar (Recruitment) 14 January 2015

My Friend,

Approach a lawyer and send a legal notice ,stating all the facts..

Kumar Doab (FIN) 18 January 2015

1. Indian courts of law have consistently been declining to enforce Non-Compete clauses/agreements as it his the right to earn livelihood and clauses of Indian Contract Act.............

Hence if you are citing only the Non Compete Clause you can join anyone and anybody.....

However it shall be appropriate to show all docs on record to an able Labor Law Consultant/Service matters lawyer/Law firm in person and proceed under expert advise of your able lawyer.....

There might be other clauses/agreements too e.g. NOn Disclosure/Trade Secrets etc that your lawyer would want to take care of.......

There are many threads on similar queries....

You have been relieved by notice of resignation or by resignation with immediate effect or by termination?

2. YOu may go thru:

Model Standing Orders:Sec13-16
(name of the state) Shops and Commercial Establishments Act

(name of the state) Shops and Commercial Establishments Rules

Payment of Wages Act

and approach Inspectors appointed under these Acts.................

The labor Inspector in local o/o Labor Commissioner might be officiating as Inspector under these Acts also.......

You can also approach Employee's unions/Trade Unions leaders.......

Your lawyer may opine that you can lodge complaint u/s406,420....................file winding up petition............suit for recovery.......

Unpaid wages are debt on employer.....

It shall be appropriate to proceed under expert advise of your able labor Law Consultant/service matter lawyer and submit a final notice to the appointing authority/MD......

There are many threads that you may find relevant and useful e.g:

https://www.lawyersclubindia.com/forum/Salary-issues-and-proprietor-s-right-115323.asp