versharajan Started The Discussion:
I am in the process to file the complaint against my ex-employer for
1. Not paying me my one month salary (last month).
2. Not providing relieving and Experience certificate.
While leaving ex-employer I had already served full notice period (15 days), stll employer was not ready to relieve me because of project work and expecting to stay for another one month.
Can anyone send me the format\sample complaint that can help me to draft my case in Labor Court?
Please share you experiences, suggestion on the same.
I am afraid to concur with Ravi Shankar.
1.You have to carry your case before a court in terms of your letter of appointment and the conditions therein.
2.The suggested course of action, I feel is not proper, because, it will have a lasting effect on your career. It will completely shut all your options to patch up with the company. Don't forget some companies will make back references, in case you join in new firm.
3. My suggestion is to convince your present employer to relieve you, and try to get an amicable solution to your problem. You can get your experience certificate with good remarks.
4. Litigation shall always be the last resort.
I agree with Mr. Murali. Read your appointment letter carefully. If you have fulfilled all the conditions mentioned in the appointment letter, then you can always take higher authorities in loop. Some times its the middle management/particular Manager who creates obstacles for no reason.
You can always tell the management that you can extend all the necessary help to your replacement till the time handover of work is done completely.
First of all, whether employment in IT company would come under the purview of ID Act. In the instant case the subject matter is not worth raising a dispute. But if required a legal notice can be sent through an advocate to the employer, subject to the terms of the appointment order and service rules if any.
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