Salary and expenses not paid after resignation

Offer letter is issued after selection in interview and candidate is asked to accept it! Do you have a copy of it?

If yes is any retention clause stated in it?

Is retention clause stated in appointment letter?

You have posted that retention clause is not stated in Service manual too!  

Did you record this call of HR during which the retention clause was highlighted?

Record the call again.

Submit a gentle representation addressed to god offices of appointing authority, MD and narrate all representations made so far ((with dates, phone numbers, names and designation of company’s employees contacted, brief minutes of discussion), explain that you have served notice period and have handed over the charge in office and demand to supply you the acceptance of resignation, service certificate, relieving letter, FNF statement, FNF dues by bank DD only (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable) etc……………………by redg. Post only. Clarify that Mr/Ms................................HR on dated.............................has demanded some retention charge without any documentary evidence,which is not applicable to you as per offer letter, appointment letter, service manual issued to you. Hence intervention of oood offices is being sought to supply all of above say within next 7 days.........................or as suitabel to you.

You  mention that postage prepaid self addressed envelope is attached!

If good offices also do not resolve then you may approach your lawyer!

What is this establishment: Commercial, industrial, small enterprise/

How many employees are employed in it?

You are located in which state?

Redg. Office the company is located in which state?

What is your designation and nature of duties?

Send a legal notice stating that the notice period was restricted to 21 days due to ill-health and your leave credit should be adjusted for the balance notice period; asking to settle your salary and relieving letter.  This will be sufficient for them to settle the matter.

Dear Mr. Jaggarao ji,

It is felt that your response for some other thread has been posted here.

Regards

Kumar

Thanks Mr.Kumar Doabji.  Though I have not posted, the error crept somehow.

Mr.Vipul - please ignore my reply.

Dear Vipul,

       From your query it appears that you were not permanent employee but were on probation. You resigned from the job during the period  of probation. Company protests that there is retention clause and they were to give training  & hence held your  salary.

      From the above, following issues arise:

      1]   Whether company can withhold  or refuse to pay your salary?  

             Ans.  No, since you are not  permanent employee but was on probation.

       2]   Can company  stop you from resigning while on probation?

             Ans  :   No, even if there is retention clause in terms of Appointment,  it is invalid & ultra-virus.

       3]    Can company withhold your salary on resignation?

              Ans:  Legally  No.  unless you have given bond/undertaking to that effect.  Salary  can  be

                        Recovered..

If you need further advise, pl. write  : Email  :  jeevansci@yahoo.com  ;  Tel:  9869400938.

Jeevan  Patil, Adv. High.Court.

Dear Mr. Patil,

Thanks for your advice.

Also would like to highlight that their was no bond for the retention clause. Only the offer letter had the point for retention amount. I have not signed any such legal bond for the same.

Can I file a complain before the Labour commissioner ????

The company has it regional office in Mumbai and HO at Bangalore. At which location should I file the complain with Labour Commissioner ???

Regards

Dear Mr. Patil,

Thanks for your advice.

Also would like to highlight that their was no bond for the retention clause. Only the offer letter had the point for retention amount. I have not signed any such legal bond for the same.

Can I file a complain before the Labour commissioner ????

The company has it regional office in Mumbai and HO at Bangalore. At which location should I file the complain with Labour Commissioner ???

Regards