Struggling with Ex-Employer: How to Handle Missing Relieving Letter and Unpaid Dues?

Hello Experts,

I have been working for a private company and recently I resigned.

Reasons for quitting the job

I agreed to work for a lower salary in this company because my work location was my hometown, and I had to travel to neighboring states for work. In the last six months, I worked in cities/towns of Odisha, Chhattisgarh, Jharkhand, and some parts of Rajasthan.

After six months, the company wanted me to shift to Delhi, where I would receive a higher salary and have less travel compared to the current company. I requested a salary revision, but the employer never discussed this matter. It was completely ignored.

I was willing to relocate to Delhi and had agreed to this in February. However, in the first week of March, I was in an accident. Instead of showing empathy, the company doubted my condition. Only after I sent photographs of my injury did they send an apology text.

Due to this incident, my family did not allow me to continue working with this company.

Subsequently, I resigned from the company and joined a new one a week later.

Issues with former employer

Now, my former employer has not settled my 3 months' conveyance and 13 days' salary. They have also not issued the relieving letter. As a result, my new employer has not credited my April salary and has issued a notice stating that if I fail to submit the relieving letter by the end of May, my employment will be terminated, and no salary will be credited. According to my new employer, they believe I am still working with the previous company and attempting to draw a salary from both companies. Given that it is a sales field role, my new employer finds this hard to believe, as they claim it does not take a month to obtain a relieving letter.

I have discussed these matters with my former employer, and they are only willing to settle 70% of the total dues.

I would have accepted whatever amount they wanted to settle for. However, due to the non-issuance of the relieving letter, I have lost a month's salary. When I mentioned seeking help from the Labour Department in Delhi, my former employer threatened to file a case with the police (on what grounds, I do not know, as my image is completely clean).

I am under a lot of stress these days, kindly help me.

Regards

Dear User,

I'm sorry to hear about your stressful situation. Let's break down the possible solutions step by step.

1️⃣ **Legal Support**: You have the right to approach the Labour Court in your region for the settlement of your dues. Given that you are located in Patna, you should approach the Labour Commissioner Office in Bihar. 🏢

2️⃣ **Draft a Formal Letter**: Write a detailed letter to your previous employer, explaining your situation. Mention all the facts, including your accident, the salary dues, and the non-issuance of the relieving letter. Remember to keep a copy of this letter as evidence. 📝

3️⃣ **Legal Notice**: If your previous employer still does not resolve the issue, you can consult with a labor law lawyer and send a legal notice through them. This usually gets the attention of the employer. 📜

4️⃣ **Approach the Labour Court**: If the issue remains unresolved, you can file a case in the Labour Court. You'll need to provide all the necessary evidence such as letters, emails, salary slips, etc. 📂

5️⃣ **Communication with New Employer**: Simultaneously, keep your new employer informed about these developments. Provide them with copies of the letters or legal notices you send to your previous employer as proof of your efforts. 🗣️

Remember, according to the Payment of Wages Act, 1936, withholding any part of the wages due for unclaimed periods is unlawful. Moreover, the Industrial Employment (Standing Orders) Act, 1946, mandates that a service certificate must be given to the worker at the time of his dismissal, discharge, or termination.

These are your fundamental rights as an employee, and you should not hesitate to fight for them. 💪

Remember, it's important to maintain all communication in written form (either email or letters) for record-keeping and evidence.

I hope you find this information helpful. Don't lose hope and stand up for your rights.

Best of luck