Hi,
I was working with a leading pharmaceutical company for about one year ,as I got new opportunity I left job 6 days prior to my notice period as my new company demanded me to join early. As per company rule notice period was one month but since I left 6 days prior without completing notice period I dint get my relieving letter.Now that company is not ready to give my settlement which includes LTA,Medical,Bonus,PF until I provide relieving letter which I don’t have. But my resignation letter was accepted. And also on appointment letter it is mentioned that after resignation either one month notice period have to be given or else I have to pay salary of one month in lieu of notice period.
Can my pervious company hold my settlement? Or is there any other legal procedure through which I can get my settlement.
Smeeta
From India, Pune
I was working with a leading pharmaceutical company for about one year ,as I got new opportunity I left job 6 days prior to my notice period as my new company demanded me to join early. As per company rule notice period was one month but since I left 6 days prior without completing notice period I dint get my relieving letter.Now that company is not ready to give my settlement which includes LTA,Medical,Bonus,PF until I provide relieving letter which I don’t have. But my resignation letter was accepted. And also on appointment letter it is mentioned that after resignation either one month notice period have to be given or else I have to pay salary of one month in lieu of notice period.
Can my pervious company hold my settlement? Or is there any other legal procedure through which I can get my settlement.
Smeeta
From India, Pune
Hi Smeeta,
Leaving before completion of notice period is a move that the company can use against you to hold your final dues. However, if you had any leaves on hand, you can have the same settled against those six days.
As for relieving letter and final dues, the company cannot hold it. At the most, the company can require you to reimburse it for the six days that you did not work for your notice period.
There are legal provisions in place whereby you can get the company to clear your settlement. But these are a long drawn and expensive option and so should be used only as last resort. It is better if you can approach the HR of your previous company or the main boss and try and find a mutually agreeable way out of this mess.
Regards,
Gaurang
From India, Ahmadabad
9Leaving before completion of notice period is a move that the company can use against you to hold your final dues. However, if you had any leaves on hand, you can have the same settled against those six days.
As for relieving letter and final dues, the company cannot hold it. At the most, the company can require you to reimburse it for the six days that you did not work for your notice period.
There are legal provisions in place whereby you can get the company to clear your settlement. But these are a long drawn and expensive option and so should be used only as last resort. It is better if you can approach the HR of your previous company or the main boss and try and find a mutually agreeable way out of this mess.
Regards,
Gaurang
From India, Ahmadabad
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