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Srinivasa   29 December 2015

Not giving pending salary and experience letter

Hi All,

I Worked For One Company With Initial 3 Months As A Free Lancer And Another Almost 3 Months As A Fixed Term Contract Employee. I Have Worked As Per The Contract Agreement Till End Of The Day Of Last Working Day. After Completing Contract Period, They Asked Me To Work For Their Additional Work, So I Have Not Agreed For That Since I Joined Already With Some Other Company. As Per The Email Conversations We Had Initially They Have To Give Experience And Relieving Letters For Free Lancing And Contract Period (May - Oct , 2014). 

Since, I Have Not Agreed To Work For Their Additional Work They Are Not Giving Experience And Relieving Letters And They With Held My Last Month 2.6 L Salar. For Contract Period I Have Supported From Home As Per The Agreement So, I Am Holding Company Laptop With Me.
For That I Have Asked Them Multiple Times To Tell Their Office Address To Return The Laptop, For That Also They Have Not Replied With Address, So I Don't Know Where To Send It. Recently, I Have Filed IT Returns, In That They Are Showing The Total Paid Amount To The Government Including With Held Amount (Which I Have Not Received Actually). This Is Almost more than 1 year Back Issue, Initially I Requested Them In All The Ways To Pay My Amount And Give Letters. In Between I Couldn't Follow-Up Further Since I Went To Client Place For Few Months.


Now, I Want To Get That Done. For My Current Company Also They Have Not Replied For Background Verification, So I Have All The Proofs Of Previous Company, I Convinced Current Company To Come Out Of The Problem. My Big Concern Is, In Future Also They Will Do Same Thing And Not Paying My Last Month Salary Till Now. I Honestly Did My Job During Employment With That Company, Everything Is Very Clear From My Side. I Have All The Proofs In Email And Singed Documents. 
Please Suggest How Can I Proceed Legally. Should I Return My Laptop To Them First Or How Should I Proceed. I Really Highly Disappointed With This Company Management. Thank You In Advance For Your Suggestions. 

Srini



Learning

 3 Replies

Kumar Doab (FIN)     01 January 2016

In your case before your claim is barred by limitation you may consult an able counsel specialzing in Labor-service matters and show all docs on record and issue a legal notice.

 

Srinivasa   28 January 2016

Thank you Sir, for your reply. Should I return my laptop first and send notice and can i send both at a time. I mean notice and laptop to their office address. 

Kumar Doab (FIN)     28 January 2016

The company has mainatined a studied silence as per you and has not replied proeprly, therfore You may consult an able counsel specialzing in Labor-service matters and show all docs on record and proceed further under expert advise of your able counsel. YOur counsel may opine to send final communication to good offices of appointing authority,MD and then may  issue a legal notice.


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