Retaining certificates are illegal. In case you have records of having requested to return back the certificates, then give a police complaint . The Organisation will fall at your feet and hand over the certificates and settle your dues. Many times the top man does not know that such activities are happening in the Organisation.
I had a similar experience. The finance guy did not like me. My documents were retained by HR and all these documents used to be kept under safe custody of Finance. After I resigned, I kept sending emails three times a week to return my documents and settle my dues. After three weeks, I met an assistant of the HR department in the streets accidentally. She then told me that HR is helpless since the guy in Finance who does not like me is playing around.
I did not know anyone in the Police. I just walked in and filed a FIR. When I went home in the evening, the Finance Manager and the HR Executive were in my house waiting with my cheque and documents. They then took a letter from me stating everything is settled and apologized. I was then requested to go with them to the Police station and withdraw the complaint stating the matter is settled. The cops humiliated the HR executive and Finance manager stating that if they again did sonething like this, they would be put behind bars. I called up the HR assistant asking what happened. Apparently Police went to the office and asked for the MD and met him and told him that he could be arrested.
The MD was fuming, since he did not know that I was being harassed. He apologized to the police and said he will settle the matter immediately. And he sent both the Finance Manager to my house . And the Finance Manager has been warned that if something like this happens, he would be fired and the HR executive has been told that he must bring such issues to the notice of the management.
So go ahead and give a police complaint. They are mostly helpful in such matters.
From Indonesia, Jakarta
8I had a similar experience. The finance guy did not like me. My documents were retained by HR and all these documents used to be kept under safe custody of Finance. After I resigned, I kept sending emails three times a week to return my documents and settle my dues. After three weeks, I met an assistant of the HR department in the streets accidentally. She then told me that HR is helpless since the guy in Finance who does not like me is playing around.
I did not know anyone in the Police. I just walked in and filed a FIR. When I went home in the evening, the Finance Manager and the HR Executive were in my house waiting with my cheque and documents. They then took a letter from me stating everything is settled and apologized. I was then requested to go with them to the Police station and withdraw the complaint stating the matter is settled. The cops humiliated the HR executive and Finance manager stating that if they again did sonething like this, they would be put behind bars. I called up the HR assistant asking what happened. Apparently Police went to the office and asked for the MD and met him and told him that he could be arrested.
The MD was fuming, since he did not know that I was being harassed. He apologized to the police and said he will settle the matter immediately. And he sent both the Finance Manager to my house . And the Finance Manager has been warned that if something like this happens, he would be fired and the HR executive has been told that he must bring such issues to the notice of the management.
So go ahead and give a police complaint. They are mostly helpful in such matters.
From Indonesia, Jakarta
With regards to your this quote,
If the notice period is of 3 months, it is not necessary to have serve the said period.
Meaning to say -->
If you are resigning,
1) The company has a right to terminate your employment immediately, in short notice or after full notice. They are liable to pay you only till your last working day irrespective of the notice served.
2) If stated in the appointment letter and you wish to get early relief, you can claim that by paying the notice period pay.
Similarly, if they are terminating you -->
1) If they want to relieve you early (not on misconduct grounds) then they'll pay you for your notice period.
2) If they are giving you regular termination but you say you want to get relieved early, neither you nor they are to pay notice period pay.
Hence it is always advised to people who are completing 4.9 or 4.10 years and planning to resign with 3 month's notice, we always advise them to tender resignation after completion of 5 months as the company has a right to accept your resignation and relieve you on immediate grounds (to save their liability on gratuity etc.)
As far as other things are concerned, I think we have already discussed and the advises endorsed by the seniors are much relevant.
From India, Mumbai
If the notice period is of 3 months, it is not necessary to have serve the said period.
Meaning to say -->
If you are resigning,
1) The company has a right to terminate your employment immediately, in short notice or after full notice. They are liable to pay you only till your last working day irrespective of the notice served.
2) If stated in the appointment letter and you wish to get early relief, you can claim that by paying the notice period pay.
Similarly, if they are terminating you -->
1) If they want to relieve you early (not on misconduct grounds) then they'll pay you for your notice period.
2) If they are giving you regular termination but you say you want to get relieved early, neither you nor they are to pay notice period pay.
Hence it is always advised to people who are completing 4.9 or 4.10 years and planning to resign with 3 month's notice, we always advise them to tender resignation after completion of 5 months as the company has a right to accept your resignation and relieve you on immediate grounds (to save their liability on gratuity etc.)
As far as other things are concerned, I think we have already discussed and the advises endorsed by the seniors are much relevant.
From India, Mumbai
Thanks for the information madam. Just a query, am i to understand that I can do nothing about the money which they owe me? I mean, its not mentioned in the appointment order anywhere about the security deposit, in fact while joining the HR told us that its just a school policy that anytime during your service, twice the salary should be kept in school which will be returned when you leave. but nothing in writing is mentioned in the appointment letter. As you said, they will have to pay me till my last working day which they haven't done yet. Please guide. Thank you.
From India, Hyderabad
From India, Hyderabad
You can claim all you dues with them till the last working day of yours in the school.
So your salary till that period
The security deposit that they've with-held with themselves for whatever reason.
But do you have any proof of such amount been with them and not having paid you?
Did they give you any receipt or something against the security deposit you've given them?
If you do not have those bills, I am afraid it's difficult to prove that they've any dues towards you.
I mean if the legal person asks you for proof what would you bring on table?
Think about the situation in a calm manner and firstly gather all documents and then you can take aid.
From India, Mumbai
So your salary till that period
The security deposit that they've with-held with themselves for whatever reason.
But do you have any proof of such amount been with them and not having paid you?
Did they give you any receipt or something against the security deposit you've given them?
If you do not have those bills, I am afraid it's difficult to prove that they've any dues towards you.
I mean if the legal person asks you for proof what would you bring on table?
Think about the situation in a calm manner and firstly gather all documents and then you can take aid.
From India, Mumbai
As proof can I submit my pay slips which show the deduction that amounts to the security deposit? I mean they deduct the first month’s salary in 2 installments every year.
From India, Hyderabad
From India, Hyderabad
Yes if in your salary slip they have deducted the said amount, you can show that as a proof that the said amount is pending with them and you are eligible to it when you leave the company.
Secondly, they may claim that they paid you same amount, but in order to claim that they too would need a reciept with your sign that declares that you've recieved the said amount.
I believe that since they've not paid you, they cant produce such receipt and hence can't claim the repayment of the deposit.
And as they said, and in ideal cases as well, deposits are usually repaid with F&F so even in ideal conditions, I believe there are bleak chances they can do anything to disapprove of your claims.
All the best.
From India, Mumbai
Secondly, they may claim that they paid you same amount, but in order to claim that they too would need a reciept with your sign that declares that you've recieved the said amount.
I believe that since they've not paid you, they cant produce such receipt and hence can't claim the repayment of the deposit.
And as they said, and in ideal cases as well, deposits are usually repaid with F&F so even in ideal conditions, I believe there are bleak chances they can do anything to disapprove of your claims.
All the best.
From India, Mumbai
Your security deposit is a complex case that no one will be able to give you a clear answer without seeing the documents, evidence and the paper trail (no offence Ankita)
You will need to speak to a labour lawyer and take his help
As I suggested earlier, you can alsomgomand talk to the labour commissioner and see if he is willing to help.
Prima facie, the deduction of a part of salary as security deposit is illegal deduction under sec 6 and sec 7 of the payment of wages act. However, with a salary of 20,000 a month you will not be eligible under payment of wages act as the limit is rs. 18,000 per month. However, you can probably raise a dispute under industrial dispute act.
So, a lawyer needs to see all the relevant documents and the help decide how to get your money back. It may not be the quick way under labour court. For all you know, there may be a remedy with the charity commissioner.
From India, Mumbai
You will need to speak to a labour lawyer and take his help
As I suggested earlier, you can alsomgomand talk to the labour commissioner and see if he is willing to help.
Prima facie, the deduction of a part of salary as security deposit is illegal deduction under sec 6 and sec 7 of the payment of wages act. However, with a salary of 20,000 a month you will not be eligible under payment of wages act as the limit is rs. 18,000 per month. However, you can probably raise a dispute under industrial dispute act.
So, a lawyer needs to see all the relevant documents and the help decide how to get your money back. It may not be the quick way under labour court. For all you know, there may be a remedy with the charity commissioner.
From India, Mumbai
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FW Full and final settlement of all my dues including salary leave encashment Gratuity PF .zip
Full n final settlement.doc
Salary slip final.xls