Facing Unpaid Dues After Resignation: What Legal Steps Can I Take Against My Former Employer?

Hi Friends, I was employed with an organization that is an IT startup. I joined the organization, and after 1 month, the management asked me to sign a bond. The bond stated that if I leave the organization within 12 months, I will be deprived of a relieving certificate and will need to pay 50,000 as reimbursement for their training and other expenses. This was not acceptable to me, and I resisted. Later, they added a clause stating that if I help in a peaceful and timely duty handover, the amount would be waived off.

I resigned from the organization after just 3 months, and the handover of responsibilities was done as per the verbal instructions given to me. When I did the handover, I sent an email to the management, but no acknowledgment was received.

Upon joining the organization, I was required to sign a document stating that the laptop is the company's property. It mentioned that if the laptop is lost or mishandled, I would be liable to pay a certain amount. When I left the organization, they provided me with the signed document indicating that the laptop was received.

However, the organization has not paid my salary for 27 days and approximately 9k in conveyance. I am seeking assistance in obtaining my dues from them and understanding what legal actions I can take against the company. It has been 3 months since I left the organization, and they have not responded to my request for the full and final settlement.

I hope this helps clarify the situation.

Acknowledgment and Resignation Queries

Was the acknowledgment of receiving the laptop issued after all the formalities were completed correctly? Did they oppose your resignation verbally or in any written form? If the answer to the above questions is positive, then you have claims against the company for the amount you deserve.

Send them a notice (letter) with all the details about the salary, the conveyances for which you have proof, and any other claims if you have any. Ask for the reason for the delay in payment and warn them that if it is not paid within a month, then the company would be responsible to pay it with interest for another month of delay and shall be answerable at the courts of law in case of failure. Send it by registered post with the proper address and save the acknowledgment of the post.

It is not clear from your message whether your resignation has been accepted by them. Have you received a response regarding your resignation? Do you have an acknowledgment for your resignation? Have you handed over the company's properties in the form of a document and kept a copy for yourself? If the answer is yes, you can seek assistance from a legal advocate.

You need to establish that they are not responding to your letters or requests. To do so, you should send a letter to the company via registered post with acknowledgment due. After that, you can approach an advocate for further assistance. This approach may help in addressing the situation effectively.

Thank you for your help. The acknowledgment of the receipt of the laptop is with me. I was verbally acknowledged for my resignation and instructed to hand over my responsibilities to a colleague in the company. Subsequently, I sent an email confirming that the responsibilities have been shared and the handover is complete. If you encounter any issues thereafter, please contact me via phone. However, I have not received any calls from them.

Legal Rights and Resignation Process

Apparently, you have a very strong case. You are certainly entitled to resign as per the termination clause contained in the appointment letter. Moreover, the system of bonded labor has long been abolished from our country. A service bond is generally invalid unless it is executed for reasonable reasons like the recovery of actual training costs and the protection of intellectual property rights, etc. It violates Article 19 of our constitution, which guarantees freedom to every citizen to do any occupation, trade, business, or practice any profession. Moreover, subject to certain exceptions, it also violates Section 27 of the Contract Act. Even the Supreme Court has taken a very serious view of such types of contracts as they affect a person's flexibility to avail better employment opportunities.

By not communicating their decision relating to your resignation letter, your employer has given implied acceptance to the same. Therefore, it takes effect from the date specified in your notice.

In view of the above, please immediately issue the legal notice to settle your outstanding dues as well as the release order and state that otherwise, you shall be compelled to take suitable legal actions against them.