rohit (butler) 31 May 2012

Help me please

i was working with one of a leading five star hotel in delhi from last two year.

i've submitted my formal resignation to my deptt. manager and informed him that i will be serving the notice period now onwards. however from very next day they started harrasing me mentaly. the things went so bad that i was not able to continue. i told them after one month, that i will be continuing for 15 days more, serving total notice period of 45 days. but they started arguing that notice period is of 3 months and i can not leave before that. but one day when things got really ugly. i sent them an email that i wont be able to come now onwards and stated the detailed reason for the same. but they were again and again calling me to come and work.

now they have kept my one month salary and all service charge(type of incentive in hotel industry). not only this, the hr is not ready to give my salary either nor they are giving me clearence with experience letter. i told them i am ready to give you my salary but at least let me have my experience letter but managment is not listening and threatning me to call security for throwing me out.

now i am really helpless. please tell me is their any way to get my salary and experience letter or any one of it.

i have lost my copy of agreement, but i clearly remember that their was nowhere mentioned about 3 mnths notice period. the hr is also refusing me to give duplicate copy as evidence.

please help me...

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4 Replies

Sanjay Chhabra (Sr.Manager) 31 May 2012

dear Rohit,

Simply send a leeter thru legal advisor giving referance of your resignation and period served afterwards. demand from them the statement of deductions made in lieu of notice period left if any. Copy of your appointment letter and the experience letter and your dues thru a/c payee cheque.

Once the letter is served and you do not recieve any reply the damages will have to be borne by employer.

Also employer can not keep the unpaid amount with him after a certain period ( which is not clear to me now)

I think this case will now be settled with the intervention legal body.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 31 May 2012

Dear Rohit,

Serve them a legal notice through a lawyer, they can't stop your salary (beyond notice period) or the experience letter. For us to be sure about the terms, ask for it from a colleague (who holds similar position and was employed during that time only) this would help knowing the terms before you serve them notice.

ana (self emploed) 01 June 2012

afirm registered in 2010 already paid renewed upto 2012. and showed a employee on the same.no any business transaction on the same nor appointed any employee ...not kept any register record.. should the firm owner have to bare any fine?

Kumar Doab (FIN) 03 June 2012

@rohit,

Your portfolio seems to be service. At the entrance hotel displays its certificates of registration as per applicable acts, laws of the respective state.

You can open another fronts by lodging complaint with Chief Inspector SE act, Wages Inspector, O/o Labor commissioner.

Appointment order shall have to be produced by employer.

SE act applicable to Delhi can be seen at:

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Shops+and+Establishments+Inspectorate/