Saswatabanerjee
Partner - Risk Management
JAWEDALAM
Ir & Contract Labour Management
Zeondunst
Graphic Designer
Svaishu
Unemployed
+1 Other

​Hi All,

I worked in a Pvt. Ltd. company for 1.8 years. As my boss which also sees the HR department, came to know that I am having an affair with my colleague (we only used to chat in office in free time) talked to me and said to discontinue and also terminated the girl by just sending her message "Stop your services". After giving my resignation letter he assured me that he would deliver my payment and PF as soon as possible. After 3 days he sends me a letter mentioning that because you supported another employee in leaving the company and for romantic engagement. He also mentioned that due to that there was a loss to company. I was also doing some freelancing work for a company and he claimed that I was working illegally for another company but I have not signed any agreement and the company also don't have any such policy as the companies payment is minimal and also doesn't provide incentives/bonus. Because of these reasons he declines to pay my Salary for the last month and PF for past 1 year. I also want to mention that as our company has only 12 employees our company is not eligible for EPF as per there rules, hence company has not provided us with PF no. but is deducting PF from our salary. He has also provided Salary Revision Letter in which he has mentioned about PF. I am negotiating with him but he is asking me to incur for his losses and ready to pay 1/3 of amount.

Can you please help me how to negotiate with him ask for more as I have done nothing illegal and never tried to incur loss to company.

From India, Sangamner
Dear on behalf of your description, i would like to advise that you have P.F deduction in your salary revision letter on behalf of this Evidence you can for in labour office and about your full & final the manager is talking about deduction he can not deduct any amout without conformity of State Government by notification in the Official Gazette.
And one thing is that they have to settle your F & F within 30days

From India, Coimbatore
Also I want to ask that I had given my Resignation Letter which was duly accepted but my Employer is not providing me with Experience Certificate. Should I emphasis about this point in front of Labor Officer? The company has given me Relieving Letter which i have attached but it is denying to give me my Experience Certificate.
How should I take Experience Certificate from him?

From India, Sangamner

Attached Files
File Type: pdf Taher-Relieving-Letter.pdf (349.6 KB, 851 views)

Dear Zeondunst
As u mentioned that your company is not covered under EPF & MP Act, 1952 and then also was deducting EPF amount from your salary and you have salary slip as evident where it is clearly mentioned; then I would suggest you may write a complaint letter to EPF Office of your area regarding the issue and simultaneously you may lodge a FIR against your company, since deducting EPF amount from your salary and not depositing in your A/c comes under Criminal Offence (420 case under IPC) because no one can do business with your money... Regarding Salary of last month you may take the help of Labour Office...
Thanks & Regards.
Jawed Alam

From India, Dhanbad
Your relieving letter already has the dates of your working, So it act as an experience letter too. You can not get anything more from them.
From India, Mumbai
Hi team
I am in a very big problem
I was with American Express and resigned from there on 11/05/2016 and I got my salary on 25/05/2016 and then on 24/05/2016 which I thought was my full and final from the company.
Now today I called my company to give my relieving letter as I had to join another company and the payroll team told me that the amount which was sent on 24/06/2016 was incorrectly sent to you. Now pay that 50000 rps back and only then you can get your relieving letter.
The problem is I was not aware about this and they never contacted me or bank about the same.
I can't pay this huge amount.. what to do. Please help. M getting depressed coz of this

From India, New Delhi
i suppose they have given you a full and final settlement letter
Check with your HR team that it will suffice as the relieving letter.
If not, then paying them back the 50,000 is the only option.
I am surprised you did not bother to check why they have given you Rs 50,000 extra ?

From India, Mumbai
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