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nirmal8881
Dear Sir,
Please find my attached Appointment letter from my previous Employer.
As i was on probation period over there and i had given resignation and had given notice period of 9 days bt mail because my head office and hr is in delhi and i was at ahmedabad.
i had given 9 days notice period as per my appointment letter issued to me.
Now at last day of working they send me mail and informed me that they are not ready to leave me untill new employee will come and they stuck my salary and F&F.
now after 22 days leaving company they send one letter to my home that i am absence in company from last 22 days advise with wiriting or we will take legal action against you.
So i request you kindly please advise what to do in such case. Can i file legal notice against company that i need my salary and i had done everything as per rules.
Kindly advise what to do now..?
Regards,
Nirmal Darji.

From India, Ahmedabad
Attached Files (Download Requires Membership)
File Type: pdf scan0020.pdf (2.44 MB, 264 views)

tsivasankaran
368

You have a good case to win. if you can afford to fight it out on principles, you can. .Legally your case appearsto be strong. I would like to examine your email to confirm that you have sent nine days in advance.
Consider practical issues like cost involved, time involved, your current employer's attitude if you fight with another employer etc before you commence legal action.
Best wishes
Sivasankaran

From India, Chennai
saswatabanerjee
2395

It is very interesting
I am curious to know where they will file for,legal action and under what law ?
There is no bond, do what can the company do ?
Their own letter says that 1week notice is enough and that if u r absent for 8 days it's automatic termination.
So :
1. What will they take legal actin for ?
2. Where will they file the case (under what law ?)

From India, Mumbai
nirmal8881
Dear Mr Sivasankaran,
Thank you very much for your suggestion. Now my current employer is with me so there is no issue for the same.
What i have one concern is that if you read my appointment letter then is mentioned that 7 days notice period is required and also mentioned that resignation would become effective only from date of acceptance thereof.
So they are fight with me according to above sentence.
I think it is not right because if employer will not accept my resignation till next 6 months so it is not necessary that i need to work over there..!!
Please advise..!
Nirmal
09924253255

From India, Ahmedabad
nirmal8881
Dear Sir,
Thank you very much for your suggestion. Now my current employer is with me so there is no issue for the same.
What i have one concern is that if you read my appointment letter then is mentioned that 7 days notice period is required and also mentioned that resignation would become effective only from date of acceptance thereof.
So they are fight with me according to above sentence.
I think it is not right because if employer will not accept my resignation till next 6 months so it is not necessary that i need to work over there..!!
Please advise..!
Nirmal
09924253255

From India, Ahmedabad
yogitapt
4

Interesting,
Its showing a funny attitude of the company.
You have strong grounds to win. No company can restrict anyone on such tenuous ground. Just check for the things advised by Mr. Sivasankaran and also that do you have any material, document etc. which should have been returned to the company.

From India, Nasik
nirmal8881
Dear Yogitapt,
yes i knew that company is not doing well with me.i have a strong case to win.i donot have anything with me and even no document is pending.i just work 2 month in there so what are the things with me....? Actually i think they dont want to give my last month salary that is the reason they are doing all this thing...!

From India, Ahmedabad
nirmal8881
Dear, I think i did everything as per appointment issued to me. So i did everything correct i had given 9 days notice period.they did everything wrong....!!! Nirmal
From India, Ahmedabad
hnb@hzw.ltindia.com
Nothing can happen to you.If new employer needed the releaving letter then the case was different.
Please enjoy at new place and go on sending reminders about payment of your dues,Issue of the experience certificate/ releaving order etc.You can also mark a copy to the labour commissioner.(For safety and expiditious actions.)

From India, Surat
nirmal8881
Ya it is true.my new employr don't require any thing.I don't even need releaving and experience letter.I just need my salary which is pending and it is mine.can any one just send me labour commisinor mail I'd so I will make cc to him.
From India, Ahmedabad
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