Legal Question in Employment Law in India

I worked for a company located in faridabad as system electrical engineer after doing PG diploma in hydro power plant engineering , I joined in April 2013 .

I resigned on 30 April 2015 with one month notice period . Hr & director accepted the resignation & given original Relieving & Experience letter .

In letter company mentioned your resignation has been accepted & relieved from service on 31 May 2015 . & also mentioned as per company norms we wish to inform that the full and final settlement will take place today from the office.

Company also given me a pages mentioned closing payment due of 104800 which is signed by director.

The Hr give me assurance that your pending payment will be remitted in your account on or before 7 June 15 .but amount not remitted on said date.

I followup with director by written mail , he replied badly & mentioned your money will be remitted in your account on or before 25 June 15.

But i need money urgently because I going dubai to job . I followup on 18 June 15 , he replied by mail with attachment ( full & final settlement) .

In this he mentioned deduction as per employment contract . The letter is not no company letter head not have authorised signature.

1. He deduct 2 month salary as per clause mentioned in offer letter of three month notice period in writing or payment of three months salary in lieu there of .

My concerned point is if company accepts by resignation & given a relieving letter will it clause workable in this case or not.

2. He deduct to amount of foreign travel as per clause mentioned .

Training & bond :- should you be sent to training abroad , you shall execute a service bond to serve the company for a min period of two years. Under this service bond , if you resign or leave your services with company after undergoing training due to any reason , you shall pay to company an amount equivalent to all expense incurred by the company which shall include to & Fro fare etc.

My points.

I have not signed any additional bond .

He called me Raw engineer when I joined the company , but I am btech in 2011 + pg in hydro power & company have same business , & he appointed not as trainee engineer .

The two foreign trip are not meant for any training , it is totally a work trip of testing , installation & commissioning , and same in mentioned in the letter submitted to embassy for visa application .I have also that original documents.

The two foreign trips are not contract award to my company , it subsidy of our company . company forcly put me on this assignment .

Will this clause workable .

And he put that u pay to company a sum of 1.10 lakh rupees. But company given me experience cum relieving letter.

Soliciting your valuable reply .

Thanks,

Mohd Haris


Asked on 6/21/15, 4:19 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.06.2015

Dear Mohd,

All the charges levelled against you by the Company are baseless, false and frivolous. You should call up the Company MD asking them to pay and settle your full and final settlement dues within 3 days, else straightaway lodge a Police complaint for "cheating" against the MD of the Company in the local Police Station.

Regards,

Read more
Answered on 6/21/15, 4:34 am


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