i have completed 5 years of my service in a company now i have got a new job and when i submitted my resignation letter he(MY BOSS) is not receiving it & i am being threatened that in case i leave they wont settle my gratuity pf bonus or EL..
here from past 5 years they have not given me an Appointment letter nor i have given any commitment in writing.
kindly help me out from this situation.
From India, Kaiga
here from past 5 years they have not given me an Appointment letter nor i have given any commitment in writing.
kindly help me out from this situation.
From India, Kaiga
Dear Mr. Antoajay,
Is your employer a private company? and is registered?
Haven't you enquired for your letter?
What should be the purpose for your Boss to feat such way against you inspite working for 5 years?
The above questions are mandatory for us to be au fait with the reason why haven't your employer provided any appointment letter and on what basis were you working instead enquiring your "right to know" scruples.
[i am being threatened that in case i leave they wont settle my gratuity pf bonus or EL..]
If the firm is registered, the provisions of the act always states that no employer has any right to stop payment of the employees, esp in terms of Gratuity, PF and Leave encashment (adjusted by the employer).
From India, Visakhapatnam
990Is your employer a private company? and is registered?
Haven't you enquired for your letter?
What should be the purpose for your Boss to feat such way against you inspite working for 5 years?
The above questions are mandatory for us to be au fait with the reason why haven't your employer provided any appointment letter and on what basis were you working instead enquiring your "right to know" scruples.
[i am being threatened that in case i leave they wont settle my gratuity pf bonus or EL..]
If the firm is registered, the provisions of the act always states that no employer has any right to stop payment of the employees, esp in terms of Gratuity, PF and Leave encashment (adjusted by the employer).
From India, Visakhapatnam
You may write a request letter to issue your back dated appointment order; you require it -It's your right! If they refuse to bestow, you may request them to concede the same (reason for refusing the said document) in writing.
There comes the HR and your Boss into play, issue a copy to your boss as well. keep reminding. Your letter serves as a proof to your follow-ups made. In a week's time if they do not respond, you may go to the Labour Commissioner office close to your employers business area and give-out a complaint, see if any suggestions come through (since it is a registered firm, the conciliator may help resolve the issue meticulosly before it too late for your PF and Gratuity filing). Have some patience, spring clean the management; I'm sure this way people in this company gets functional with their responsibilities.
From India, Visakhapatnam
There comes the HR and your Boss into play, issue a copy to your boss as well. keep reminding. Your letter serves as a proof to your follow-ups made. In a week's time if they do not respond, you may go to the Labour Commissioner office close to your employers business area and give-out a complaint, see if any suggestions come through (since it is a registered firm, the conciliator may help resolve the issue meticulosly before it too late for your PF and Gratuity filing). Have some patience, spring clean the management; I'm sure this way people in this company gets functional with their responsibilities.
From India, Visakhapatnam
It is sad that a company is treating you shabbily. Please do let me know, did you get paid by cheque or cash? If your salary is recorded in the books of account (i.e. you have been paid by cheque or by direct transfer), it does not matter whether you have an appointment letter or not, because your association with the organization can be proved.
If the Boss does not accept your letter of resignation, please send it by registered post A/D. That shall prove that you have resigned. You must serve out the full notice period. If no notice period has been fixed, normally it is 30 days. Just serve that.
If the company does not clear your dues, send them a notice through the appropriate authority designated in the act under which the company is registered. The company will have no choice but to clear your dues.
Munshi
From India, Delhi
If the Boss does not accept your letter of resignation, please send it by registered post A/D. That shall prove that you have resigned. You must serve out the full notice period. If no notice period has been fixed, normally it is 30 days. Just serve that.
If the company does not clear your dues, send them a notice through the appropriate authority designated in the act under which the company is registered. The company will have no choice but to clear your dues.
Munshi
From India, Delhi
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