Dear Forum Members,
I need your thoughts on this matter urgently.
I am working in an Ahmedabad-based IT company. They are not providing salary on time, and my last 1.5 months' salary is pending. So, I resigned from my post. As per the appointment letter, there was a 2-month notice period. However, after resigning, HR emailed me stating that my notice period is 3 months, so I must serve three months, or else pay three months' salary. They also transferred my employment to another company without any prior information or providing any documents/appointment letter from this new company. Now, they are threatening me that if I do not continue to work, they will not provide me with a relieving letter, experience letter, or any pending salaries.
I want to come out of this situation as soon as possible. Please help me and provide guidance.
Thanks & Regards
From India, Ahmedabad
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I need your thoughts on this matter urgently.
I am working in an Ahmedabad-based IT company. They are not providing salary on time, and my last 1.5 months' salary is pending. So, I resigned from my post. As per the appointment letter, there was a 2-month notice period. However, after resigning, HR emailed me stating that my notice period is 3 months, so I must serve three months, or else pay three months' salary. They also transferred my employment to another company without any prior information or providing any documents/appointment letter from this new company. Now, they are threatening me that if I do not continue to work, they will not provide me with a relieving letter, experience letter, or any pending salaries.
I want to come out of this situation as soon as possible. Please help me and provide guidance.
Thanks & Regards
From India, Ahmedabad
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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
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1593You 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
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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
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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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Legal Notice for Breach of Notice Period .docx
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