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Anonymous
Hello,
My previous employer ( start-up consultancy) is withholding my FNF salary and experience letter. I worked with this firm for 7 months, I resigned in March'18 and my resignation was accepted after which the owner introduced a new NDA (non disclosure agreement with e-stamp) which had clauses like:
1) prohibition from joining any competitors or Clients of this company for 3 years.
2) prohibits from posting any feedback or update on social media forum.
And may more clauses.
The main Clause that affected me was the 1 one - cannot join a competitor or Client. As it was a start-up all the recruitment firm was his competitors, and also the fact that I had already resigned. He threatened all the employees to sign or they will be terminated from the company, I was placed in client location so he didn't followed up with me as he did not had any replacement. Until my 2nd last working day when my replacement was trained and KT was given. He then threatened me stating things will get dirty and he won't be clearing my dues. I still refused to sign and don't sign the document because it didn't made any sense to me, so the owner said there will be an investigation done against me and he withheld my dues and not give me my experience letter. My fiance referred me in his company where he is been working for couple of years now, which again is one of the Client of my previous employer. I got an offer after been relieved from my previous employer and joined this company.
Now my previous employer is threatening me, stating his legal consultant will take necessarily actions (which he is still to onboard).
Upon multiple follow-ups and the time given of 50 days now ( where 45 days from last working day is standard time to clear the dues is the company's policy) I decided to take this to Labour Department, after consultation the Inspector reached out to the previous employer for clearing the dues, he instead told her that he will be filling a case against me. Where the labour department suggests that, as my salary doesn't comes under 18k bracket, this would take time and can't expect much from this as the employer is rigid. If this goes to court, I will be spending ample amount of time and money, much will be spent from my pocket than the amount I should get from the previous employer, also they said there is no assurance that I will be getting the amount back.
But for me this is not about money, this about my hard work I put into it and my time, and also there are other employees who have suffered the same situation of non-payment and he us hiring new employees and will again play with their career and future.
I know I have not done anything wrong the steps taken was keeping my interest in building my career, I really stuck in this mess and need guidance to getting justice.

From India, Bengaluru
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