I was working with a Private Limited Company in Noida, UP. The company has 150 plus employees. My basic salary was Rs. 36000/- PM (at the time of leaving) and gross approximately Rs. 73000/-. I joined the company on 09-09-2013 and resigned on 13-07-2018 with last working day 31-07-2018. As per my appointment letter there was a clause for two months basic salary or two months’ notice period (lieu).
Due to some urgent personal reasons, I was not able to serve full notice period of 2 months so I offered to pay notice period remaining amount and I had written to adjust with salary of month July 18.
Now on my last working day, I had handed over the laptops, company assets and got no dues clearance done from all departments except for my HoD.
The present HR head suddenly started harassing me saying that I had to give full two month notice else they would terminate my employment after two months and declare me as absconding. However, they had acknowledged my resignation on email just two working days ago. I had finished my job but for them it was now a matter of ego.
I have copies of the no-dues certificate and resignation acceptance in my possession.
Now my Query is that-
1. Am I eligible for Gratuity as I worked 4 yrs 11 months?
2. What to do if HR does not give Full and final settlement and relieving certificate? I am willing to pay short notice period pay as per letter of appointment.
3. Can they really can terminate my appointment after I leave the organisation, even after my handover as they are threatening to finish my career by terminating?
4. They have deducted salary as Ex Gratia (Part of CTC). Should I make a claim for that?
From India, Delhi
1Due to some urgent personal reasons, I was not able to serve full notice period of 2 months so I offered to pay notice period remaining amount and I had written to adjust with salary of month July 18.
Now on my last working day, I had handed over the laptops, company assets and got no dues clearance done from all departments except for my HoD.
The present HR head suddenly started harassing me saying that I had to give full two month notice else they would terminate my employment after two months and declare me as absconding. However, they had acknowledged my resignation on email just two working days ago. I had finished my job but for them it was now a matter of ego.
I have copies of the no-dues certificate and resignation acceptance in my possession.
Now my Query is that-
1. Am I eligible for Gratuity as I worked 4 yrs 11 months?
2. What to do if HR does not give Full and final settlement and relieving certificate? I am willing to pay short notice period pay as per letter of appointment.
3. Can they really can terminate my appointment after I leave the organisation, even after my handover as they are threatening to finish my career by terminating?
4. They have deducted salary as Ex Gratia (Part of CTC). Should I make a claim for that?
From India, Delhi
Dear Shasandeep,
1) You are eligible for claiming gratuity.
2) Management does not end up with HR. Better make a representation to the next higher authority and request acceptance of your resignation subject to the condition of buying out the remaining notice period. If such a formal and courteous approach does not work, pay the amount and simply walk out.
3)It would become a contentious issue if they resort to such an extreme step under the wrong advice of the HR for the employer can not insist on serving the entire notice period while the employee exercises the option of buy-out as per the notice clause of the contract of employment. Nor the employee can take for granted just because his resignation is acknowledged. Resignation should be formally accepted. It is not clear how you were permitted to hand over your charge along with the company's properties you had.
4)The question is not clear to me.
From India, Salem
1) You are eligible for claiming gratuity.
2) Management does not end up with HR. Better make a representation to the next higher authority and request acceptance of your resignation subject to the condition of buying out the remaining notice period. If such a formal and courteous approach does not work, pay the amount and simply walk out.
3)It would become a contentious issue if they resort to such an extreme step under the wrong advice of the HR for the employer can not insist on serving the entire notice period while the employee exercises the option of buy-out as per the notice clause of the contract of employment. Nor the employee can take for granted just because his resignation is acknowledged. Resignation should be formally accepted. It is not clear how you were permitted to hand over your charge along with the company's properties you had.
4)The question is not clear to me.
From India, Salem
Dear Shasandeep
1. Agree with Mr. Umakanthan.
2.If company refuses to clear your full n final and issue u relieving letter, take the help of a lawyer dealing with labour matters and get issued a legal notice to company to settle your full and final dues and issue you a relieving letter.
3. they cant do anything. Just keep your resignation letter and their acceptance of your resingation on that letter. Convince next employer that such and such thing happened and thats why they are not issuing relieving letter etc.
4. Whatever has been deducted wrongly, your can claim in above legal notice alongwith your full and final payment.
feel free to contact me at 9999236926.
Best of luck!!!
Ashok Sharma
Labour law adviser
From India
1. Agree with Mr. Umakanthan.
2.If company refuses to clear your full n final and issue u relieving letter, take the help of a lawyer dealing with labour matters and get issued a legal notice to company to settle your full and final dues and issue you a relieving letter.
3. they cant do anything. Just keep your resignation letter and their acceptance of your resingation on that letter. Convince next employer that such and such thing happened and thats why they are not issuing relieving letter etc.
4. Whatever has been deducted wrongly, your can claim in above legal notice alongwith your full and final payment.
feel free to contact me at 9999236926.
Best of luck!!!
Ashok Sharma
Labour law adviser
From India
Respected Sir,
Thank you for your valuable suggestions!
I will first try to send gentle emails and reminders as i have not done any wrong. Leaving the present ornanization after five year without any significant growth is no crime.
Also i have done all the works as suggested by immediate HOD. Some times Very senior People working in HR took the matter as on there ego this creates the problem.
By all of your blessing , My next Employer is convinced and allowing me to join.
Further Kindly Guide me , where i can my complaints in Noida(UP) if may graduity and dues are not being given by Company (My gross salary was 72000 and basic 36000 while leaving)
intellectuals like you on Site HR is really helping human kinds by giving right suggestions.
Surely I will be keep updating all of you
Regards
Sandeep Shah
From India, Delhi
Thank you for your valuable suggestions!
I will first try to send gentle emails and reminders as i have not done any wrong. Leaving the present ornanization after five year without any significant growth is no crime.
Also i have done all the works as suggested by immediate HOD. Some times Very senior People working in HR took the matter as on there ego this creates the problem.
By all of your blessing , My next Employer is convinced and allowing me to join.
Further Kindly Guide me , where i can my complaints in Noida(UP) if may graduity and dues are not being given by Company (My gross salary was 72000 and basic 36000 while leaving)
intellectuals like you on Site HR is really helping human kinds by giving right suggestions.
Surely I will be keep updating all of you
Regards
Sandeep Shah
From India, Delhi
Dear Sandeep
As per my knowledge, sector 3 Noida has Labour Department offices, you can approach them by writing to them that your gratuity has not been paid. they will be taking up the matter with company and do the needful for you.
still in case of any help, feel free to call me at 9999236926 or write at
From India
As per my knowledge, sector 3 Noida has Labour Department offices, you can approach them by writing to them that your gratuity has not been paid. they will be taking up the matter with company and do the needful for you.
still in case of any help, feel free to call me at 9999236926 or write at
From India
Hello Sir,
Now I wanted some Clarity on my Ex-Gratia which was deducted from MY salary (CTC). While joining employer given this component in my CTC and appointment letter, This is equal to one month salary and use to give before Diwali.
My appointment Letter is not mention about that, I will not get the Ex Gratia if I will leave the company.
Even verbally its was said to me that, it is given all cased after Diwali once it is declared.
Now they stopped giving to the employees those left and for new employees they started to mention in Appointment letter that, It will be given only in case employee remain on role.
By this way they are holding my ex-gratia of fy 2017 and 4-months of year 2018.
Kindly suggest, If i can recover this.
Regards
Sandeep Shah
From India, Delhi
Now I wanted some Clarity on my Ex-Gratia which was deducted from MY salary (CTC). While joining employer given this component in my CTC and appointment letter, This is equal to one month salary and use to give before Diwali.
My appointment Letter is not mention about that, I will not get the Ex Gratia if I will leave the company.
Even verbally its was said to me that, it is given all cased after Diwali once it is declared.
Now they stopped giving to the employees those left and for new employees they started to mention in Appointment letter that, It will be given only in case employee remain on role.
By this way they are holding my ex-gratia of fy 2017 and 4-months of year 2018.
Kindly suggest, If i can recover this.
Regards
Sandeep Shah
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Full n final settlement.doc