Sunday, April 27, 2008

Employee leaving the job

Q. I have worked for a company for two years. I received an offer from another company and I switched jobs. I submitted the demand letter of release to my old company and they provided me the release letter, but when I went to get attestation from the Chamber of Commerce they refused to attest stating that the signature on the release letter are not the same as registered with them. When I brought this to the notice of the company and demanded for another signed copy, they did not comply. Instead they asked me to sign some documents stating that I have received all my dues (including the end-of-service benefit) when in fact I have not. In fact, the company has not paid me for six months. Please advise.
Ans. Inform your company that unless it honors the undertaking and provide you with another release letter correctly signed, you are going to complain to the Labor Office. They also must pay you your full rights of salary, unused vacation and ESB. The mere fact that they issued your first wrongly signed release is explicit legal evidence to their agreement to release you to the new company. It is enough cause to sue them to honor their commitment. Even if you have to sign the documents asked by your employer, such act constitutes duress. Sign his papers if you have to. You can always revoke that, if you can prove you were compelled to do that. Inform you consulate official and let what is happening to you be known to all around you, especially your colleagues. You may use them as witnesses one day if you have to.