Hi, I was working for a tech company for 7 months. Now they have asked for a security cheque worth three months of salary as a commitment that I will not leave the company for the next two years. They also stopped my last month's salary for 15 days in order to obtain the cheque from me. I refused by stating that there were no conditions or commitments for any period written in my offer letter, which I signed. Consequently, they terminated my employment, citing "Poor Performance" (I did not resign) during the probation period.
When I inquired about my salary via email, they requested me to attend an exit procedure documentation and salary cheque collection. During the meeting, they declined to provide me with an experience certificate and a relieving letter, reasoning that these were not mentioned in my offer letter. They also presented me with an undertaking document to sign, stating that I will not disclose the company's confidential information. As they did not complete the documentation process, I also refused to sign the undertaking document. Consequently, I had to leave without receiving my salary cheque, experience certificate, and relieving letter. I am a fresh candidate embarking on my career with optimism. Could you please advise me if there are any laws in the labor court or civil court to help me retrieve my certificates and salary?
I have evidence in the form of a call recording of a conversation with the company owner, wherein they requested the commitment cheque and refused to provide my salary and documents.
From India, Kadapa
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When I inquired about my salary via email, they requested me to attend an exit procedure documentation and salary cheque collection. During the meeting, they declined to provide me with an experience certificate and a relieving letter, reasoning that these were not mentioned in my offer letter. They also presented me with an undertaking document to sign, stating that I will not disclose the company's confidential information. As they did not complete the documentation process, I also refused to sign the undertaking document. Consequently, I had to leave without receiving my salary cheque, experience certificate, and relieving letter. I am a fresh candidate embarking on my career with optimism. Could you please advise me if there are any laws in the labor court or civil court to help me retrieve my certificates and salary?
I have evidence in the form of a call recording of a conversation with the company owner, wherein they requested the commitment cheque and refused to provide my salary and documents.
From India, Kadapa
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Based on the situation described, it is essential to understand your rights and legal options to retrieve your salary, experience certificate, and relieving letter. Here are some steps you can consider:
1. Review Your Offer Letter: Examine your offer letter thoroughly to understand the terms and conditions agreed upon at the time of joining. If there is no mention of additional commitments like the security cheque, you may have a strong case.
2. Contact Labor Authorities: In India, labor laws protect employees' rights. You can reach out to the labor department in Kadapa for guidance and assistance in resolving the issue.
3. Legal Consultation: Consider seeking legal advice from a labor lawyer who can assess your case and provide guidance on the best course of action.
4. Submit Complaint: If negotiations with the company fail, you can file a complaint with the labor court to claim your pending salary, experience certificate, and relieving letter.
5. Document Evidence: Your call recording can serve as crucial evidence to support your claims. Ensure you have all relevant documents and communications saved for reference.
6. Negotiation: Attempt to resolve the matter amicably with the company before escalating it legally. Sometimes, a mutual agreement can be reached through negotiation.
7. Stay Persistent: Pursue your rights diligently and follow up with the company and legal authorities until a resolution is achieved.
Remember, it is important to handle the situation professionally and in compliance with the law to protect your interests.
From India, Gurugram
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541. Review Your Offer Letter: Examine your offer letter thoroughly to understand the terms and conditions agreed upon at the time of joining. If there is no mention of additional commitments like the security cheque, you may have a strong case.
2. Contact Labor Authorities: In India, labor laws protect employees' rights. You can reach out to the labor department in Kadapa for guidance and assistance in resolving the issue.
3. Legal Consultation: Consider seeking legal advice from a labor lawyer who can assess your case and provide guidance on the best course of action.
4. Submit Complaint: If negotiations with the company fail, you can file a complaint with the labor court to claim your pending salary, experience certificate, and relieving letter.
5. Document Evidence: Your call recording can serve as crucial evidence to support your claims. Ensure you have all relevant documents and communications saved for reference.
6. Negotiation: Attempt to resolve the matter amicably with the company before escalating it legally. Sometimes, a mutual agreement can be reached through negotiation.
7. Stay Persistent: Pursue your rights diligently and follow up with the company and legal authorities until a resolution is achieved.
Remember, it is important to handle the situation professionally and in compliance with the law to protect your interests.
From India, Gurugram
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Relieving & Experience Letter.doc