Hi,
I am working in Ltd. Logistic Company. I have resigned and served 2 month notice period as per my company policy. But my HOD & HR Head are not accepting my notice period & relieved me immediately & even not paying me that notice period amount. They are saying that you resigned & we relieved you immediately so no need for notice & no payment.
Now my ques is, is company can do such things if it is not mentioned anywhere? Secondly, what step should I take on this?
Preeti
From India, New Delhi
I am working in Ltd. Logistic Company. I have resigned and served 2 month notice period as per my company policy. But my HOD & HR Head are not accepting my notice period & relieved me immediately & even not paying me that notice period amount. They are saying that you resigned & we relieved you immediately so no need for notice & no payment.
Now my ques is, is company can do such things if it is not mentioned anywhere? Secondly, what step should I take on this?
Preeti
From India, New Delhi
Hi Preeti,
Since you have served notice period as the the terms of employment, you are eligible for Salary, PF and other benefits. If they are denying that you can meet or wirte to the top most person i.e MD, CEO asking for the reasons for not paying. As per law they cannot hold your statutory benefits like PF, Gratuity for which you can lodge complaint with PF Office and Labour Court respectively.
If your terms of employment mention that you have to serve notice period on resignation and this has been accepted by you and your company then it is binding on both of you. If they want to relieve you immediately, then they should do with all the payments and issue of Relieving Letter.
Last option for you is to move to Labour Court and appoint a lawyer.
Regards,
Sumeet
From India, Mumbai
7Since you have served notice period as the the terms of employment, you are eligible for Salary, PF and other benefits. If they are denying that you can meet or wirte to the top most person i.e MD, CEO asking for the reasons for not paying. As per law they cannot hold your statutory benefits like PF, Gratuity for which you can lodge complaint with PF Office and Labour Court respectively.
If your terms of employment mention that you have to serve notice period on resignation and this has been accepted by you and your company then it is binding on both of you. If they want to relieve you immediately, then they should do with all the payments and issue of Relieving Letter.
Last option for you is to move to Labour Court and appoint a lawyer.
Regards,
Sumeet
From India, Mumbai
Hi Preeti,
There is no reason why they are stopping your payment. When you had resigned, did they accept your resignation and how come they just relieved you after two months of your notice period. It means they had accepted your resignation. Also, if they have relieved you, they must have given you the relieving letter and also must be giving you the full and final settlement. In noway, they can keep your EPF (so dont worry for that). If company is not signing on your PF form, you can get it stamped from bank manager, some gazetted officer, etc. I would say, that you request them for the payment, and if not, then talk to some lawyer and send them the notice..trust me, they would come to your place to give your salary. Was it a very small company???
From India, New Delhi
There is no reason why they are stopping your payment. When you had resigned, did they accept your resignation and how come they just relieved you after two months of your notice period. It means they had accepted your resignation. Also, if they have relieved you, they must have given you the relieving letter and also must be giving you the full and final settlement. In noway, they can keep your EPF (so dont worry for that). If company is not signing on your PF form, you can get it stamped from bank manager, some gazetted officer, etc. I would say, that you request them for the payment, and if not, then talk to some lawyer and send them the notice..trust me, they would come to your place to give your salary. Was it a very small company???
From India, New Delhi
If you have a two month notice period, your company will have a policy document which states that.
Locate this document (should be part of your companies intranet portal) and confront your manager politely.
Unless it was a case of termination where you were asked to resign; I see no reason they should immediately relieve you; unless ofcourse your relieving policy document states that your notice period is "UP TO TWO MONTHS" then they can relieve you any time between the time of your resignation to last working date (2 months+ your resignation date)
From India, Mumbai
Locate this document (should be part of your companies intranet portal) and confront your manager politely.
Unless it was a case of termination where you were asked to resign; I see no reason they should immediately relieve you; unless ofcourse your relieving policy document states that your notice period is "UP TO TWO MONTHS" then they can relieve you any time between the time of your resignation to last working date (2 months+ your resignation date)
From India, Mumbai
To solve all your legal queries regarding labour/employment related matters, you may visit asklabourproblem.info
From India, Pune
From India, Pune
You will need to refer to your company’s notice period policy document. This document will have a clause on the full and final settlement.
From India, Mumbai
From India, Mumbai
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Full n final settlement.doc