Employer Not Clearing The Salary Dues - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Deputy Commissioner Of Labour..a.p.

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Hi Experts
I have worked with one of well known organization, where I have resigned from my duties after completing & serving notice period, have completed handover process, surrendered all assets, completed all formalities and taken clearances from all departments. I have copy of resignation acceptance, last working day, exit formality completed as per company norm. Now after too much of follow up of 2 months I received my full and final schedule from HR. At the time of payment HR has stopped my pending salary and sent me a legal notice on joining competition company.
How can I get my pending salary and Full and Final payment. How can any employer stop any one joining competition...?
Pls help me here..

Dear friend,
Are there any clauses in your appointment letter about joining the competitor after quitting the company? Even if these are there, these are not valid. Earlier, I have uploaded ruling by the Delhi High Court on joining the clients of the company. You have not even joined the client but competitor. Anyway, you may refer the following link:
By the way, what was your designation and how many persons reported to you? We would like to know to assess whether provisions Industrial Disputes Act, 1947 apply to you.
Dinesh Divekar

Hi Sir,
I was Designated as (DGM) Deputy General Manager - Sales, have worked for 5 months in this organisation. Almost 150 Employees at different hierarchies were reporting to me. A new entrant has came in the industry and i joined them.
Now they have stopped my Full and Final and last 1 month salary, also sent me a legal notice on joining competition.
What should I do to recover my dues.

Dear friend,
Since you were DGM, provisions of ID Act, 1947 do not apply to you. Now you may give a reply to the lawyer's notice and attach the copy of the judgement of Delhi High Court to your letter. Tell them to clear your dues immediately. In the meanwhile, you may keep your employer informed about the notice from the past employer.
Dinesh Divekar

Ya my dear friend i propose some QUIRIES before u ok.
2,have u followed the norms of quitting job as per ur agreement of appointment.
3.Finally Whatever it may be...whatever designation u have worked
"the management whomever may be has no legal right to stop anyone's salary for thevworked days untill and unless any dues to repay to the company by the employee..
Remedy givingva lettervdirectly to the company for want of releasing your salary dues.with recorded evidences.
wait for reply for a week and approach authority labour court nearby..
all the best...

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