Mahr
Head - Human Resources
Vishuminhas
Prog. Manager
+1 Other

Thread Started by #vishuminhas

I had joined an organisation four months back on 40% lower CTC wrt last drawn CTC with previous organisation as my last organisation's project was completed and my job contract was about to finish. I already have this option at that time as i verbally committed to the current organisation that i will serve for at least one year with you. But today i got an great opportunity at the same place where i am currently working and with handsome hike, which will reduce my CTC gap as well and make me again on the same CTC level as i was five months ago. I had word with my reporting boss and emailed my resignation to concern along with HR with one month notice period information. As i am on probation period and i have a liability to serve one month notice period only.
But my organisation got silent after my email( Resignation ) and after one week they called me up in HO to speak up on this. After discussion my management want me to pay back all the four months salary which had been paid to me in whole tenure with organisation to get the clear F&F statement from them. Or else even they are threatening me to spoil my carrer as well as they are saying that they will get in touch with my future organisation as give them a bad feedback of mine. Even they had stopped my last month salary as well and didnot released till yet. My travelling expanse also pending from their end for two months .
My question is: 1. Is i am legally bound to pay back something to them.
2. What will be the nest way to take back my salary and clear F&F.
3. If they will not accept my resignation then what will i represent to my future organisation.

Kindly guide, its most urgent....
13th October 2016 From India, Bhagwanpura
Hi Vishnu,
First speak with the company where you got your offer from and explain them the situation. Have all the communication marked to your personal email. You have been working there for the last 5 months, so not to be worried about. Please approach a corporate attorney and seek his help. You are not liable to pay the entire salary and they cannot withheld an employee's salary for the period he had worked for.
Only catch is that you need to convince your new employer on the situation and explain them that your present employer is threatening you and your salary has been withheld.
14th October 2016 From India, Bangalore
First of all, it is not clear whether you have a signed appointment letter from them with terms and conditions of separation clearly mentioned. Moreover, there shall not be any clause which mandates you to work at least for an year (verbal commitments stands no ground) in the appointment letter.

You are not legally bound to return salaries paid and moreover you are entitled for complete settlement till the time you serve in your current organisation. If they are threatening you, ask them to give things in writing and moreover you can threaten them back that you will take it up legally. Serve them a legal notice, if required, it would not cost you much, you might have to just approach a lawyer to draft the notice.

At the same time, you can tell the new company you want to join that you would not be able to provide relieving letter/ service certificate etc. and instead of giving them a months notice, you can send them an email stating that as my salary, dues are not paid and F&F is not getting processed, I am leaving the organisation. State in an email that they have threatened you and hence you are forced to abandon the company. I do not think they can do anything.

Keep everything documented so that you can you can produce it in case of any legal proceedings at a later date.

Regards,

Satyabrata Dash
15th October 2016 From India, Pune
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