Dear Moganty,
To understand background of case, it is important to understand clauses of the bank guarantee. Have you signed any other agreement with the management of your company?
Otherwise withholding of salary of workman is absolutely illegal under the provisions of Payment of Wages of Act, 1936. Employer is bound to pay you as long as your attendance is recorded.
Industrial Dispute: - You can send official letter to the MD of the company and mark a copy of the letter to the Labour officer of your area. In such cases Labour officer calls both the parties and tries to settle the dispute. But approaching the Labour Department is equally heady affair. Are you prepared for that?
Dinesh V Divekar Quote:
Originally Posted by moganty  my employer sponsered me H1 in 2007. After getting my H1 stamped
they asked me to submit a bank guarntee for Rs 5 laks which they can claim if I leave their company before my one year tenure in US.
I planned to go US in May 2008 but unfortunately for some personel reasons I could not go. Now i am continuing my duties in india office from july2008.
meanwhile my employer stopped paying me salary for the last 2 months i.e. may and june.
Now they are playing games that i have a dispute from my side so they are not going to pay me the salary for those two months. After looking at their cheap tactics i have decided to quit the company.
could someone please let me know whether my employer can claim for bank gaurantee if I quit the company? |
need help to quit company 
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