I was working in a software IT company for the last 3 years. Recently, I got an offer from our client company where the client stopped the contract with my company, and they started their own center. So, I received that offer and joined the client company. I was serving my notice period in my previous company, and in between, I stopped going to the office from last Monday. Thus, I was not able to complete my notice period. I never asked for my experience letter either. The company had given me a laptop for office use. I informed them that I would be returning the laptop in 2 to 4 days by email on Monday itself. However, they went to the police station and filed a complaint against me for not returning the laptop the next day. Finally, I went to the police station and handed over the laptop to the company via the police, and the company closed that complaint.
Now, the company is planning another case against me for various reasons, like I joined their client company. I never signed any documents saying I would not work for the client company.
The company did not follow any legal procedures like sending notice or anything. Also, they are not following any work ethics. There are incidents like employees working on Independence Day and other national holidays. The average working hours for me were 13 hours when I left.
Can I file a complaint in the Labor court and anywhere showing these details?
Thanks,
From India, Bangalore
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Now, the company is planning another case against me for various reasons, like I joined their client company. I never signed any documents saying I would not work for the client company.
The company did not follow any legal procedures like sending notice or anything. Also, they are not following any work ethics. There are incidents like employees working on Independence Day and other national holidays. The average working hours for me were 13 hours when I left.
Can I file a complaint in the Labor court and anywhere showing these details?
Thanks,
From India, Bangalore
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As you mentioned that you were working in an IT software company, I believe that your nature of work is not that of a worker or laborer. Therefore, you can file a complaint with the labor department. Alternatively, you may choose to file a complaint in the Industrial Tribunal court under the Employment and Industrial Relations Act or file a case in the civil court.
Regards,
From India, Mumbai
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208Regards,
From India, Mumbai
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You cannot file a case in labor court /Industrial tribunal unless it is referred by the Govt as an ID. Varghese Mathew 09961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Generally, IT companies or jobs that are based on knowledge transfer expertise have a clause in their appointment letter stating that for a certain period of time, an employee cannot join the clients or competitors. Make sure you check it. Secondly, you worked there for 3 long years. During the notice period, you had the company assets, i.e., a laptop, which you did not return when you stopped going to the office. Your ex-employer has all the right to do what they did.
Now, why do you think they will file a case against you? Did you do something wrong? What will you file against them for? They did not follow the procedures or policies, and you worked there for a long 3 years; you never thought of it then?
My suggestion would be that you should move forward. If they file the case, try to settle it outside until you think your position is clear and morally right.
I firmly believe one should fight for their right, and yes, it is worth fighting for the time and energy you put in, but only if you yourself have done nothing wrong.
At first glance, your case seems to be weak.
From India, Ghaziabad
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Now, why do you think they will file a case against you? Did you do something wrong? What will you file against them for? They did not follow the procedures or policies, and you worked there for a long 3 years; you never thought of it then?
My suggestion would be that you should move forward. If they file the case, try to settle it outside until you think your position is clear and morally right.
I firmly believe one should fight for their right, and yes, it is worth fighting for the time and energy you put in, but only if you yourself have done nothing wrong.
At first glance, your case seems to be weak.
From India, Ghaziabad
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Legal Clarification on Negative Covenants in Employment Agreements.pdf