Facing Salary and Documentation Issues: How Can I Resolve This with My Former Employer?

Hi Team, From January 30, 2012, to May 31, 2013, I worked for a company. Due to some internal problems with their partner company, they stopped paying my salary from March, and I resigned my position there in April. My relieving date was given as May 31. However, when I asked them for my salary, experience letter, and relieving letter, they mentioned that since they had paid me till February, they would provide my experience and relieving letters only up to February 2013.

How to Proceed with Salary and Documentation Issues

Could you please suggest how I can proceed with this?

Thank you

Regards

Let me be clear on the following:

1. You resigned from your job in April 2013. What did they say about your notice period and your resignation? Did they confirm your resignation through mail? When did you ask for the Experience/Relieving letter - was it in April, May, or June? Did you ask for the salary Ex letter & Relieving order after leaving the company?

2. You mentioned you resigned in April, but can you clarify if you worked for April & May? Did they commit anything in writing regarding the payment of March & April salaries shortly?

3. Has the company not paid salaries to all employees or just to you?

4. I understand they are willing to pay you for the days worked, but they are refusing to provide the Exp letter & Relieving letter mentioning employment till May. Is this correct? If so, do not worry. Request them to provide the letters as they see fit, but ask for justification in writing. If they are unwilling, try to obtain proof of the salary paid until May for your use in future interviews.

5. Your company does not have the right to withhold your salary or threaten you without payment for the months of March, April, and May, during which you worked. If they persist in non-payment, you have the option to take legal action against them.

Regards,
M. Kannan

Thanks, Kannan. You resigned from your job in April 2013. What did they say about your notice period and your resignation? Did they confirm your resignation through email? When did you request your Experience/Relieving letter? Was it in April, May, or June? Did you ask for the salary experience letter & Relieving order after leaving the company?

Yes, I resigned on April 27, 2013, and served my notice period until May 31, 2013. In the email, they mentioned my last working day. I requested my documents on May 31st and have been following up with them since then.

You mentioned you resigned in April, but did you work for April & May? Did they commit anything in writing that the salary for March & April would be paid shortly?

Yes, I worked until May 31, 2013. They did not provide any written commitment.

Have they not paid salaries to all the employees in your company or only to you?

There are three of us working for their client, and none of us have received payment.

I understand that they are willing to pay you for the days worked but are refusing to provide the Experience letter & Relieving letter mentioning till May. Is this correct? If so, do not worry about it. Ask them to provide the documents as they see fit but request justification in writing. If they are not willing, try to obtain proof of the salary paid until May for your support in future interviews.

They are prepared to provide documents until February immediately, but I will be losing three months of experience. Regarding salary, they mentioned they will pay when all issues are resolved. They are unwilling to provide written proof of my employment until May or discuss salary proof at this time.

Your company has no right to withhold your salary or threaten you without payment for March, April & May, as you worked during these months. If they refuse to pay, you have the option to take legal action against them.

They do not respond to my emails, and when I call, they treat me as a stranger and speak to me harshly. There is a lack of respect, and I have been under stress for three months. I am concerned about how they may respond to background verification if I pursue legal action. Please advise on this matter.

Legal Steps for Obtaining Experience and Relieving Letters

If you accept the experience letter and relieving letter until February, then they have a strong weight on their side legally. So, it is advisable not to accept the relieving letter of February. Send a letter via registered post with an acknowledgment receipt of UPC, stating that if they won't provide you with the relevant documents until May and the salary thereof, you will be forced to take legal action against them. Make a copy to the District Labor Officer/Commissioner.

If they don't respond, then you have a strong point to fight legally.

Regards