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I have resigned from my previous employer(not MNC) recently where I had worked on contract(C2H) basis. I'm deputed to the client from my previous employer and I worked at the client location.

Since it is a contract position, I looked for another good opportunity after 1 year. My employer has the notice period of only 15 days and when I submitted my resignation, they said me that it is purely client decision. So when I approached the client for the same, they asked me to serve for 30 days and they approved my last working day.

Now the thing is that my payroll employer didn't commented on resignation mail which got approval from the client. when I contacted(on phone) them to comment on the mail,they said that it is not needed since you have client's approval.

Now I'm out from that Employer and joined in other company. I didn't got my last 2 months salary and the relieving & experience letters. when I asked them, they are saying unrelated reasons like "you have attempted to break the company policies and so the complaint team asked us to hold the salary & experience letter". But I didn't disobeyed their policies.

Please suggest the better approach to get my salary and documents.

My present company haven't asked the relieving letter and if they ask it in future, can I show the accepted mail from my client?

Is there a chance for my previous employer to proceed legally on my present employer on how they had taken the candidate without relieving from their side?

Stephan Kolassa
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Sree
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  • Hmm, you happen to have any documents stating what you should do? Word of mouth tends to be difficult to provide proof. – Nelson Jan 09 '16 at 03:14
  • They didn't even commented on my accepted relieving letter from the client though I had contacted them many times. Don't know if I can provide the client accepted mail(Ex-employer in CC) as resignation to my present company. – Sree Jan 09 '16 at 12:15

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The first thing you need to do is to provide any evidence you have that you have indeed correctly followed company policy. If you can prove that their claims are false, then the problem goes away.

If you don't have any evidence, I would then suggest asking them to provide their evidence that you did actually attempt to break them so you can get legal advice on it. You don't necessarily have to get legal advice, but it will force them to substantiate their claims with the threat of it being independently scrutinised. You may also find that you actually have breached company policy unknowingly, so understanding their claims in detail are of value to you.

If you have no luck, then you may indeed need to engage a lawyer to look at your situation.

Jane S
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  • If this is USA , there is no chance of anything legal. In fact you must sue your ex company for non payment of salary. Keep the email print out safe. I see this as a ploy to take 2 months of money from you by your ex company. Be firm and threaten legal action and they will be set straight. I am sure your middleman is a small body shopping outfit. – Learner_101 Jan 09 '16 at 07:50
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    @Learner_101 Relieving letters indicates that it is India, where the law is very different from the US. – Jane S Jan 09 '16 at 07:57
  • The ex-company is saying that as per their policies, I should not work for its clients after separation from them for 3 years. I had an offer from one of its clients but I didn't joined in it. But they are saying it as a sole reason for not issuing the relieving letter and salary. – Sree Jan 09 '16 at 11:42
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    @Sree If that is the case (and it seems provable enough), then seeing a lawyer is probably a good thing. I'm not sure if "interviewed for a client" breaches that company policy, but a local lawyer could clarify that for you. – Jane S Jan 09 '16 at 11:49
  • They didn't mentioned 'breaches the company policy' on this act. – Sree Jan 09 '16 at 12:11
  • @Sree Then clearly your only option is to talk to a lawyer and to produce evidence of how you did allegedly breach company policy. If that's not forthcoming, then it seems likely that they have no right to withhold either wagers or the relieving letter. – Jane S Jan 09 '16 at 12:18
  • @Learner_101 They are saying that you can proceed legally if you want and you can take your documents and salary if you win. – Sree Jan 09 '16 at 12:26
  • Sree what is your location and what is the nature of your ex company business. Is it a small company or a large MNC ? – Learner_101 Jan 09 '16 at 14:37
  • It's in Hyderabad...and it's a small company with a limited staff.They don't have enough staff for different departments also. They don't pay salary in time and payslips will be given after 1 or 2 months that too if we force them. They won't reply for emails and don't lift the calls if we call them. – Sree Jan 10 '16 at 02:47
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    At this stage you can just consult a lawyer. the company is betting that most people would forego the salary and the hassle of dealing with them through lawyers. I would say take the legal course if you are sure you are going to fight it out. If not leave it. You can always show the salary slips as evidence. They will send the tax forms for sure as it is mandatory. – Learner_101 Jan 10 '16 at 03:32
  • Thanks Jane, for the quick help, The only problem is, what if my present employer's third party verification goes to my previous employer for verification and what if the previous employer gives a negative feedback. If that happens there is a chance for me to loose my present job. – Sree Jan 10 '16 at 04:50
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    @Sree I think that seeing a lawyer to find out your options is really the only choice you have. You don't have to proceed any further than that, but you really should find out about where you stand in law. – Jane S Jan 10 '16 at 05:18
  • Sree the reference check is to check whether you worked there or not for the specified time. They don't ask about the quality of the work as the people doing background check are from a different background.You say they don't even pickup the phone. You might have to even give them salary slips for the verification. Don't worry about it. – Learner_101 Jan 11 '16 at 02:00
  • @Learner_101 In India, it is law that you can only hold one job at a time. A relieving letter states that you no longer work for your previous employer. Without it, a future employer can leave themselves open to legal issues if someone has tried to buck the system and hold two jobs simultaneously. The onus is on the hiring organisation to ensure that they are not breaking the law – Jane S Jan 11 '16 at 02:12