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Denial of issuing releasing letter by company
03-Jan-2023 (In Labour & Service Law)
I am working with a 14 yr old company driven by an individual with not much process and documents in place. After 9 months, i have resigned from the service on 2nd Jan, 2017. They are asking me to return the incentives earned in last 4 months stating i have not achieved my yearly targets else i will not get relieving/experience letter. Never was a target sheet signed by me, nor there is any written clause which says associate needs to pay back the incentives earned. What can i do now? My new employer will not accept me if i can't give them experience letter. If i serve the notice period i am certain, they will not pay me the month's salary in FnF settlement because they are directly asking for money for release. No bond signed. Kindly help/suggest
Don't give back your incentive money, you consult me to send them legal notice stating ,and reference of your offer letter and appointment letter, consult me to taking legal action and you get relieving letter.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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If there was no agreement for any target between your company and you, then it will not apply. Please look into your offer letter and employee handbook/ rules to find out more. If there is no clause regarding returning of incentives or minimum target, then they cannot impose that on you. However the notice period policy is to be adhered to unless an exemption is sought. So I advise you to talk to them regarding the incentives and notice period, and then obtain the experience letter. Please word your communication carefully otherwise you may face trouble in receiving your experience letter and FnF.
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