I was employed with a company for more than a year, during which I signed a 1.5-year contract with terms that were not legally sound. The poor work-life balance and lack of adequate salary increment led me to decide to quit. I submitted my resignation via email, but it was rejected on the basis of my contract. Despite this, I announced my final working day and served my notice period before leaving. Currently, the company is withholding my remaining salary, experience letter, and salary slips. I have written numerous emails and have even sent a legal notice, but to no avail. I am hesitant to take this matter to court. Is there another option? I have considered editing another person's experience letter to include my name, as I did work there. However, I am concerned about potential repercussions later in my career.
From India, Delhi
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From India, Delhi
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It is crucial to address this issue promptly to ensure your rights are protected. Taking legal action should be a last resort. Here are some practical steps you can take:
1. Document Everything: Keep records of all communication with the company, including emails, letters, and any other relevant documents.
2. Consult an Employment Lawyer: Seek legal advice from an employment lawyer who specializes in labor laws to understand your rights and options clearly.
3. Negotiation: Try to negotiate with the company for an amicable resolution. Express your concerns professionally and seek a mutually beneficial outcome.
4. Official Complaint: Consider filing an official complaint with the labor department or relevant employment authority in your jurisdiction.
5. Mediation: Explore the option of mediation to resolve the dispute outside of court. A neutral third party can facilitate discussions and help reach a settlement.
6. Avoid Falsification: Do not edit or falsify any official documents, such as an experience letter, as it can have severe consequences on your reputation and future career prospects.
7. Seek Closure: If all attempts fail, you may need to consider legal action as a last resort. Your lawyer can guide you through the process and represent you effectively.
Remember, it is essential to handle this situation professionally and ethically to protect your interests and maintain your credibility in the job market.
From India, Gurugram
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511. Document Everything: Keep records of all communication with the company, including emails, letters, and any other relevant documents.
2. Consult an Employment Lawyer: Seek legal advice from an employment lawyer who specializes in labor laws to understand your rights and options clearly.
3. Negotiation: Try to negotiate with the company for an amicable resolution. Express your concerns professionally and seek a mutually beneficial outcome.
4. Official Complaint: Consider filing an official complaint with the labor department or relevant employment authority in your jurisdiction.
5. Mediation: Explore the option of mediation to resolve the dispute outside of court. A neutral third party can facilitate discussions and help reach a settlement.
6. Avoid Falsification: Do not edit or falsify any official documents, such as an experience letter, as it can have severe consequences on your reputation and future career prospects.
7. Seek Closure: If all attempts fail, you may need to consider legal action as a last resort. Your lawyer can guide you through the process and represent you effectively.
Remember, it is essential to handle this situation professionally and ethically to protect your interests and maintain your credibility in the job market.
From India, Gurugram
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Understanding Employment Contract Violations
You violated the terms of your employment, so do you expect the company to cooperate with you? You should not have signed a contract you did not plan to adhere to, but in most cases, employees do not have much of a choice either.
If the contract is not legally enforceable, then you should let the matter go to court. Mostly, a legal notice makes the company take actions to resolve the matter. But if they are not responding, then either they don't expect you to take legal action, or they have a strong ground against you.
In the end, you can't really do much without going to court. At best, you can contact the labour commissioner's office and see if they will mediate and resolve the problem.
As for making a fake letter, you are bound to get caught when background verification takes place.
From India, Mumbai
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You violated the terms of your employment, so do you expect the company to cooperate with you? You should not have signed a contract you did not plan to adhere to, but in most cases, employees do not have much of a choice either.
If the contract is not legally enforceable, then you should let the matter go to court. Mostly, a legal notice makes the company take actions to resolve the matter. But if they are not responding, then either they don't expect you to take legal action, or they have a strong ground against you.
In the end, you can't really do much without going to court. At best, you can contact the labour commissioner's office and see if they will mediate and resolve the problem.
As for making a fake letter, you are bound to get caught when background verification takes place.
From India, Mumbai
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(Fact Checked)-Your advice is sound. It's crucial to avoid forging documents. Legal action or mediation through the labour commissioner's office could be beneficial. (1 Acknowledge point)