Hi All,
Please help me with my predicament.
I worked in this company for 5 years, after which they sent me to the USA for a month on a project and some transition.
Please note:
- The company didn't sign any contract with me stating that if I leave the organization I have to pay a compensation.
- The offer letter stated that during the time of leaving the company, If i am unable to serve the notice period, I will have to compensate them with regards to the salary.
- I sent my resignation letter stating that since my notice period is 30 days, i will serve 15 days, i will compensate them for the remainder 15 days
- The company responded to the letter stating they accept my resignation but cannot relieve me in 15 days
- I however, since my current employer could not wait, left the organization insisting that I have stated 15 days and please honour it.
- My previous employer stated that I will have to compensate them with a few lakhs of rupees, as they sent me to the USA
- They stated that if I didnt pay them that, they wont give me my relieveing letter.
- I left the organization after 4 months of coming back from the USA where I was for only 3 weeks.
- the company stated that they will say that i have absconded and will not issue any letter.
- The best thing is they have completed my Full and Final payment.
- The company stated verbally that they have no clause regarding me compensating them for the trip to USA
- Still they have the not issued any relieveing letter.
Please advise if I should legally proceed with this and how much will it cost me?
As I would seriously need some help as all my requests to the previous employer have gone in vain.
Regards,
Kunal
From India, Hyderabad
Please help me with my predicament.
I worked in this company for 5 years, after which they sent me to the USA for a month on a project and some transition.
Please note:
- The company didn't sign any contract with me stating that if I leave the organization I have to pay a compensation.
- The offer letter stated that during the time of leaving the company, If i am unable to serve the notice period, I will have to compensate them with regards to the salary.
- I sent my resignation letter stating that since my notice period is 30 days, i will serve 15 days, i will compensate them for the remainder 15 days
- The company responded to the letter stating they accept my resignation but cannot relieve me in 15 days
- I however, since my current employer could not wait, left the organization insisting that I have stated 15 days and please honour it.
- My previous employer stated that I will have to compensate them with a few lakhs of rupees, as they sent me to the USA
- They stated that if I didnt pay them that, they wont give me my relieveing letter.
- I left the organization after 4 months of coming back from the USA where I was for only 3 weeks.
- the company stated that they will say that i have absconded and will not issue any letter.
- The best thing is they have completed my Full and Final payment.
- The company stated verbally that they have no clause regarding me compensating them for the trip to USA
- Still they have the not issued any relieveing letter.
Please advise if I should legally proceed with this and how much will it cost me?
As I would seriously need some help as all my requests to the previous employer have gone in vain.
Regards,
Kunal
From India, Hyderabad
Hi Sir,
What I am trying to day is that my company previous employer didnt give me the relieving letter, in spite of putting my best efforts,
If I have to take legal action how much will it cost me, I have given a summary of events above for careful consideration.
please advise,
Kunal
From India, Hyderabad
What I am trying to day is that my company previous employer didnt give me the relieving letter, in spite of putting my best efforts,
If I have to take legal action how much will it cost me, I have given a summary of events above for careful consideration.
please advise,
Kunal
From India, Hyderabad
Hi
You should consult a lawyer to understand the cost implications. We cannot really state how much this may cost you, or how long it would take.
You shouldn't have a problem if you proceed legally since there is no written agreement. However, please check if there is a training policy document with the organization, and it's contents.
Ideally though, legal measures should be your last resort. You should try meeting and convincing them to release the document. This would take time.
Regards,
Ryan
From India, Mumbai
89You should consult a lawyer to understand the cost implications. We cannot really state how much this may cost you, or how long it would take.
You shouldn't have a problem if you proceed legally since there is no written agreement. However, please check if there is a training policy document with the organization, and it's contents.
Ideally though, legal measures should be your last resort. You should try meeting and convincing them to release the document. This would take time.
Regards,
Ryan
From India, Mumbai
Hi Ryan,
There is no training document, we never had any training department or any formal statement regarding this.
I have tried asking them and convincing them by being nice, they dont listen but put forth more harassment stating that I cant do anything about it
and they state that they have a lawyer who is good, they do talk a lot, the HR department has just 1 person, and thats the HR.
there is no ego issue here, just that they are very stubborn and want the money. In the past they did threaten verbally but so far no progress.
looks like they are an anarchy.
your thoughts?
Kunal
From India, Hyderabad
There is no training document, we never had any training department or any formal statement regarding this.
I have tried asking them and convincing them by being nice, they dont listen but put forth more harassment stating that I cant do anything about it
and they state that they have a lawyer who is good, they do talk a lot, the HR department has just 1 person, and thats the HR.
there is no ego issue here, just that they are very stubborn and want the money. In the past they did threaten verbally but so far no progress.
looks like they are an anarchy.
your thoughts?
Kunal
From India, Hyderabad
Consult a good lawyer. The fees of the lawyer depends on his profile and standing in the profession. There are lawyers who charge just about RS. 100 for a legal notice and there are lawyers who charge RS. 5 Lakhs. Catch hold of a junior of a good High Court lawyer who is young and he will do it at a reasonable cost. He will also guide you well.
Regards
From Indonesia, Jakarta
Regards
From Indonesia, Jakarta
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Resignation cum relieving letter.doc