Filing a Labor Court Complaint for Unpaid Salary and Missing Certificates – Need Advice and Sample Format

Hi All, I am in the process of filing a complaint against my ex-employer for the following reasons:

1. Not paying me my one-month salary (last month).
2. Not providing a relieving and experience certificate.

When leaving my ex-employer, I had already served the full notice period of 15 days. Still, the employer was not ready to relieve me due to project work and was expecting me to stay for another month.

Could anyone please send me a format or sample complaint that can help me draft my case in the Labor Court? I would appreciate it if you could share your experiences and suggestions on the same.

Thanks,
Versha

I am afraid to concur with Ravi Shankar.

1. You have to present your case before a court in accordance with your letter of appointment and the conditions therein.

2. The suggested course of action, I feel, is not appropriate because it will have a lasting effect on your career. It will completely eliminate all your options to reconcile with the company. Do not forget that some companies will provide references from your past employment if you join a new firm.

3. My suggestion is to persuade your current employer to release you and attempt to find an amicable solution to your problem. You can obtain your experience certificate with positive remarks.

4. Litigation should always be the last resort.

I agree with Mr. Murali. Read your appointment letter carefully. If you have fulfilled all the conditions mentioned in the appointment letter, then you can always involve higher authorities. Sometimes it's the middle management or a particular manager who creates obstacles for no reason.

You can always inform the management that you are willing to provide all necessary assistance to your replacement until the handover of work is completed.

Hello friends,

I was working at IBM India Pvt Ltd as a system administrator. As a fresher, I had joined, but they eliminated many people without notice and did not pay the last month's salary. The government has a rule for a 6-month training and a probation period, but IBM India is not following the government's rule. I want to file a complaint against IBM in court. What should I do? Please suggest.

Thanks, Aniket Kumar

Dear Aniket,

During the probation period, employment can be terminated at any time without even citing any reason as there is no liability on the employer until the employee is confirmed.

Regarding salary, I would suggest discussing with the HR department as a company like IBM cannot withhold the salary without any reason.