Resignation, Notice period, and related queries
Am 7 years exp and joined a company in India as a senior which stated "you are required to stay with the company for 24 months", I resigned before my contract period ends at 1.3 yrs due to heavy work pressure, till late evening work all days, not able to take care of my child and ill in-laws. Have sent resignation mail stating from . (3 weeks time) date I will not be able to come to office, there was no response from their even after repeated reminders, finally hr informed he can relieve me only after recruiting a new resource which might take 2 weeks or 2 months or 6 months that he cannot commit and he started threatening me to work, after 2 days I didnt went to office. They have my original certificates, have not credited my salary, not provided relieving letter. Now they are claiming they have loss in their project and they want me to pay some amount (I have informed them well in advance, and they have not acted upon that). Notice period 45 days and i worked for 30 days after sending resignation.
The facts seem to be in your favour. No one can compel you to work when u have given them due notice before resigning. it seems that the company u work for, has no structured policies to handle employees in a justifiable way. The whole process semms to be adhoc and certainly not within the confines of law. Serving them a legal notice ought to be enough to convince them to act on giving you your dues and acknolwdegment of your resignation. If they still don'y take necessary steps then a sit for declaration and recovery may be filed.
You can recover your pending salary by-
1- The most common civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a creditor to file a summary suit. Compared to normal suits, summary suits are disposed of faster. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff 's allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance, the court accepts his defence only if it is convinced that it is substantial to the case in question. Where the matter concerns penalties or any other uncertain amount, one cannot file a summary suit. 2- You also have the option of initiating criminal proceedings against the defaulter under the Indian Penal Code, 1860. You can either file a case of criminal breach of trust under Section 406 or cheating under Section 420. You need to file an FIR with the police before the trial is initiated. However, criminal proceedings usually take a long time to conclude. So you may end up wasting valuable time and effort in court to recover your dues.
3- It is advised that you can file an affidavit in a labour court as described here-
You can recover your dues under Section 25 of Industrial Disputes Act. However, the trial might be long. 4- One of the fastest and most economical ways of recovering money is to opt for an out-of-court settlement, such as arbitration or conciliation, provided that the other party is also willing to settle in this manner. If the matter is referred to an arbitrator, the latter hears both the parties and passes an award binding on both. The award can only be appealed on three grounds. One, if it is invalid, two, if the defendant is not given adequate time to present the case, and three, if he was not given notice about the arbitrator's appointment . In fact, if a proposal by an inter-ministerial group set up last year to look into policy and legislative changes to tackle the large number of pending cases is accepted, then the cases of dishonoured cheques will have to be decided only through arbitration, conciliation or settlement by lok adalats.
In the trial for recovery of dues, you could also ask the court of law, to help you out with recovery of the original certificates and reliving letter.
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