Hi All, I was working in a company which I left 2 years back. I left the organization with proper notice and F&F settlement. Now when I am working with my current employer and I initiated the PF settlement request on the EPF portal to settle my previous company's PF contribution in the trust of the current employer. I saw the tracking status on EPF where i found it is pending with my previous employer.
I sent a mail to my previous employer to initiate my request forward so that my PF can be settled. At the time of joining my previous employer, I have signed an appointment letter having a non-compete clause "You shall not during your employment with the Company and for a period of 36 months from the date of termination/cessation of your employment with the Company, be engaged, concerned or interested, either directly or indirectly, in any trade or business or occupation (either for remuneration or otherwise) similar to the business of the Company, in any manner whatsoever. Nor shall you undertake any activities which are contrary to or inconsistent with your duties and obligations to the Company or with the Company’s interests”.Now they sent me a mail stating " By your same Act/Conduct Company have suffered an irreparable loss which cannot be compensated in any manner as your position was immediately filled by adjusting manpower from other important work areas and this leads to loss of work and tremendous increase in work pressure on our existing employees.
Now you are hereby given 15 days’ time period (i.e. till 31st October 2020) to take an estimate of loss occurred due to your misconduct from HR Department and deposit the same earliest to the Company before the above-mentioned timeline otherwise it will be presumed that you are no longer interested in making a settlement with Company and in that case immediate strict Legal/Police action will be initiated against yourself. In the above conditions, we also need to inform about misconduct committed by you in HLI to the knowledge of your present employer so that loss caused to us may not be caused to any other employer.
I am working in a competitor organization. This mail simply reflecting that my previous employer trying to threaten me. Can someone refer to what our country's laws say on this matter so that I can send a proper response to close this issue? I don't think so I need to pay anything to them.
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