Dear Forum Members,
I need your thoughts on this matter urgently.
I m working in Ahmedabad based IT company. They are not providing salary on time and my last 1.5 months salary are pending. So I resigned from my post. As per appointment latter there was 2 months notice period. But after resign HR mailed me that your notice period is 3 months so attend three month otherwise pay 3 month's salary. They also changed my employment to other company without any prior information or providing any documents/appointment latter of this new company. Now they are threatening me that if I will not continue work than they will no provide me relieving latter and experience latter or any pending salaries.
I want to came out of this situation as soon as possible. Please help me and provide guidance.
Thanks & Regards
From India, Ahmedabad
I need your thoughts on this matter urgently.
I m working in Ahmedabad based IT company. They are not providing salary on time and my last 1.5 months salary are pending. So I resigned from my post. As per appointment latter there was 2 months notice period. But after resign HR mailed me that your notice period is 3 months so attend three month otherwise pay 3 month's salary. They also changed my employment to other company without any prior information or providing any documents/appointment latter of this new company. Now they are threatening me that if I will not continue work than they will no provide me relieving latter and experience latter or any pending salaries.
I want to came out of this situation as soon as possible. Please help me and provide guidance.
Thanks & Regards
From India, Ahmedabad
Pl check your offer of appointment, is there any clause providing for the transfer of service between sister organisations? The principle is that the employer cannot unilaterally change your organisation.
You should strongly resist the attempt to sneak in a new entity and the applicability of its rules to you. As you mentioned, there is a strong possibility that they may not issue relieving order or complete the F&F settlement process till you succumb to them. Yet there is no guarantee that even if you complete the process they will be ready to fulfill the separation process. What do you feel is their track record? Does it inspire confidence that they are a rightful organisation?
If all other options are in the negative, you can issue them a notice with a copy to the Labour Officer of the local area seeking intervention.
From India, Mumbai
1530You should strongly resist the attempt to sneak in a new entity and the applicability of its rules to you. As you mentioned, there is a strong possibility that they may not issue relieving order or complete the F&F settlement process till you succumb to them. Yet there is no guarantee that even if you complete the process they will be ready to fulfill the separation process. What do you feel is their track record? Does it inspire confidence that they are a rightful organisation?
If all other options are in the negative, you can issue them a notice with a copy to the Labour Officer of the local area seeking intervention.
From India, Mumbai
Without notice the employer cannot change any service condition of an employee. Notice period being a service condition can not be changed without notice.
Changing the employer means transfer of undertaking and it is not possible to transfer an undertaking or sell an undertaking to another company without undergoing the procedures laid down in the Industrial Disputes Act. Please refer section 25FF of the ID Act which says that without notice and without paying compensation for retrenchment you cannot transfer the undertaking to another company. If you do not retrench the employees, then there should be an understanding about the service conditions. Unilateral decisions will lead to legal complications. Therefore, you can challenge the decision of the employer before the labour department.
From India, Kannur
Changing the employer means transfer of undertaking and it is not possible to transfer an undertaking or sell an undertaking to another company without undergoing the procedures laid down in the Industrial Disputes Act. Please refer section 25FF of the ID Act which says that without notice and without paying compensation for retrenchment you cannot transfer the undertaking to another company. If you do not retrench the employees, then there should be an understanding about the service conditions. Unilateral decisions will lead to legal complications. Therefore, you can challenge the decision of the employer before the labour department.
From India, Kannur
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Enforcement of negative covenants in employment terms.pdf