Hi All,
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.
14th May 2010 From India

Ir, Er, Payroll, Recruitment,
Gaurav Bhugra
Hr Recruitment
Sunalini Rana
Payroll, Recruitment, General Administration,
Software Engineer
+2 Others

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.
16th May 2010 From India, Madras
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.
18th May 2010 From India, Chandigarh
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.
25th May 2010 From India, Selam
Hello friends,
I was working at ibm india pvt ltd as a system administrator. As a fresher I have joined but theu eleminated Without giving any notice they fired so many peoples within 4 months and they are not giving any salry of last month. Govt has rule to give 6 months training and a probation period.But they are not following the rule of govt india.I want to file a complain against ibm in court. What should I do. Please suggest me.
Aniket kumar
2nd November 2015 From India, undefined
Dear Aniket, During probation period employment can be terminated anytime without even citing any reason as there is no liability on employer till the employee is confirmed.
Regarding salary would suggest to discuss with HR department as company like IBM cannot withhold the salary without any reason.
2nd November 2015 From India, Delhi
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