Hi all,
I want some info.
1. I resigned from my previous company. I requested to be relieved early, and they have accepted that. They have withheld my 1 month and 10 days' salary. Because they released me early, do I still have to pay for the number of days I did not work?
2. I resigned from my previous company 9 months ago, and the Final Settlement has not been completed yet. What actions can be taken?
3. Now they are saying that the documents might be missing. Please advise on the actions that can be taken against the company.
From India, Vadodara
Acknowledge(0)
Amend(0)
9I want some info.
1. I resigned from my previous company. I requested to be relieved early, and they have accepted that. They have withheld my 1 month and 10 days' salary. Because they released me early, do I still have to pay for the number of days I did not work?
2. I resigned from my previous company 9 months ago, and the Final Settlement has not been completed yet. What actions can be taken?
3. Now they are saying that the documents might be missing. Please advise on the actions that can be taken against the company.
From India, Vadodara
Acknowledge(0)Amend(0)
First and foremost, the initial action required is to go and meet the responsible person who is handling the full and final settlement. If they are not providing a satisfactory response, then escalate the issue to senior management, including the HR Head. Make sure to copy them on any email communication.
It is possible that the paperwork has been misplaced, so there is no need to be anxious. Simply inquire about the necessary formalities from your end.
Continue to follow up with them, and if the issue remains unresolved, you may need to seek legal advice.
Without detailed information about your company, it is challenging to offer specific advice. Best wishes.
From India, Delhi
Acknowledge(0)Amend(0)
It is possible that the paperwork has been misplaced, so there is no need to be anxious. Simply inquire about the necessary formalities from your end.
Continue to follow up with them, and if the issue remains unresolved, you may need to seek legal advice.
Without detailed information about your company, it is challenging to offer specific advice. Best wishes.
From India, Delhi
Acknowledge(0)Amend(0)
Well, missing paperwork is not a valid reason or issue for delaying the FNF. If the papers are missing, the responsible parties should be held accountable. There must be an alternative way to resolve the situation through mutual understanding.
Initially, send an email to the Head of HR and copy the CEO and MD, detailing the situation and requesting a response. If there is still no response, you can seek assistance from the labor officer in that area.
From India, Lucknow
Acknowledge(0)Amend(0)
0
0
Initially, send an email to the Head of HR and copy the CEO and MD, detailing the situation and requesting a response. If there is still no response, you can seek assistance from the labor officer in that area.
From India, Lucknow
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user reply is mostly correct. It is advisable to consult labor laws for further guidance. (1 Acknowledge point)
0
0
From India, Gurgaon
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user reply contains inaccurate information. [response]
0
0
Dear Vamsi,
Please refer to your appointment letter or service terms for information regarding your notice period. If the notice period remains unserved, your salary may be subject to deductions accordingly. Therefore, it is important to verify your current status in this regard.
Regarding your Full and Final (F&F) settlement, as previously advised, it is recommended to initiate a direct discussion on the matter. If no favorable outcome is reached, you are encouraged to submit a detailed application to the employer, with a copy provided to the relevant Labor Officer. Following this step, you should consider exploring further legal options and seek advice from an expert on the necessary course of action.
Kind regards,
KK
From India, Bhopal
Acknowledge(0)Amend(0)
0
0
Please refer to your appointment letter or service terms for information regarding your notice period. If the notice period remains unserved, your salary may be subject to deductions accordingly. Therefore, it is important to verify your current status in this regard.
Regarding your Full and Final (F&F) settlement, as previously advised, it is recommended to initiate a direct discussion on the matter. If no favorable outcome is reached, you are encouraged to submit a detailed application to the employer, with a copy provided to the relevant Labor Officer. Following this step, you should consider exploring further legal options and seek advice from an expert on the necessary course of action.
Kind regards,
KK
From India, Bhopal
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[B]Response[/B]: The suggestion to check the appointment letter for notice period is correct. For the pending Final Settlement and missing documents, it's advisable to first have direct communication, then involve labor authorities if needed. (1 Acknowledge point)
0
0
First, if there is a shortfall of notice period, the employer can deduct your salary for the same.
Secondly, if due to missing paperwork your F&F is not being processed, simply visit and meet the concerned person in the company to seek advice on how to proceed with getting your F&F completed. If the advice given is deemed acceptable and believable, then follow it and wait for a response. However, make sure to prioritize documenting all activities in writing as proof for future reference. Initially, try to avoid taking legal action but don't resign without proper legal procedures in place.
From India, Faridabad
Acknowledge(0)Amend(0)
0
0
Secondly, if due to missing paperwork your F&F is not being processed, simply visit and meet the concerned person in the company to seek advice on how to proceed with getting your F&F completed. If the advice given is deemed acceptable and believable, then follow it and wait for a response. However, make sure to prioritize documenting all activities in writing as proof for future reference. Initially, try to avoid taking legal action but don't resign without proper legal procedures in place.
From India, Faridabad
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. Deducting salary for notice period shortfall without consent is not lawful. Priority should be resolving issues amicably before considering legal action.
0
0
Dear Vamshi,
As Kknair suggested, it's not possible to give advice before knowing the terms and conditions of your Appointment Letter. Generally, in many organizations, they do not show more interest regarding the final settlement of an employee if the employee is not showing much interest. So, you have to contact the related personnel from your side. I know that it is their duty to settle your account but also require your involvement.
The reason you have given is not justified. If this is a fact, they should solve it. Definitely, there is something else, which you can find out after asking. Remember, one thing: never hesitate to ask. The final settlement of left employees is the duty of the organization. If they are not doing so, they are inviting problems.
Non-settlement of the account means there are a lot of things they have to give the employee. So, do not worry. If possible, show me your Appointment Letter, or take the assistance of a legal professional in the worst case.
From India
Acknowledge(1)Amend(0)
0
0
As Kknair suggested, it's not possible to give advice before knowing the terms and conditions of your Appointment Letter. Generally, in many organizations, they do not show more interest regarding the final settlement of an employee if the employee is not showing much interest. So, you have to contact the related personnel from your side. I know that it is their duty to settle your account but also require your involvement.
The reason you have given is not justified. If this is a fact, they should solve it. Definitely, there is something else, which you can find out after asking. Remember, one thing: never hesitate to ask. The final settlement of left employees is the duty of the organization. If they are not doing so, they are inviting problems.
Non-settlement of the account means there are a lot of things they have to give the employee. So, do not worry. If possible, show me your Appointment Letter, or take the assistance of a legal professional in the worst case.
From India
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user reply contains several spelling and grammatical errors. Additionally, the advice provided lacks clarity and coherence. It's essential to seek professional advice or refer to labor laws for accurate guidance in such situations.
0
0
send legal notice demanding your full and final settlement .
From India, Mumbai
Acknowledge(0)Amend(0)
0
0
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user's reply is correct. (1 Acknowledge point)
0
0
In continuation of the query put forth by a friend: Can an employee opt for PF withdrawal from the previous employer if in case the latter is planning to transfer the account to the present employer against the will of the employee, who needs the money back in cash? For information, the previous job was with a government body, and the PF was maintained by an internal PF Trust as the employee was not confirmed but was on probation.
If the money can be withdrawn, kindly refer me to the Sections and Rules of the PF Act. Moreover, the employer agreed to release the EL encashment and GSLI, among others, except for PF. The latter is being planned to transfer to the new employer, who is a state government entity.
Nayan J
From India, Bhubaneswar
Acknowledge(0)Amend(0)
0
0
If the money can be withdrawn, kindly refer me to the Sections and Rules of the PF Act. Moreover, the employer agreed to release the EL encashment and GSLI, among others, except for PF. The latter is being planned to transfer to the new employer, who is a state government entity.
Nayan J
From India, Bhubaneswar
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The employee can opt for PF withdrawal if the previous employer plans to transfer it against the employee's will. Section 69(2) of the EPF Act allows withdrawal in this case. (1 Acknowledge point)
0
0
Dear Nayan,
Paragraph 69 of the EPF Scheme details the circumstances in which accumulation in the Fund becomes payable to a member. Since the member is joining another EPF-covered institution, they are not entitled to withdraw their accumulation. However, as per sub-para 2, if a member is not employed for a continuous period of 2 months, then, in special circumstances, the PF Commissioner can authorize the payment. However, this rule can only be applied by obfuscating the facts.
KK
From India, Bhopal
Acknowledge(1)Amend(0)
0
0
Paragraph 69 of the EPF Scheme details the circumstances in which accumulation in the Fund becomes payable to a member. Since the member is joining another EPF-covered institution, they are not entitled to withdraw their accumulation. However, as per sub-para 2, if a member is not employed for a continuous period of 2 months, then, in special circumstances, the PF Commissioner can authorize the payment. However, this rule can only be applied by obfuscating the facts.
KK
From India, Bhopal
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user reply contains inaccurate information regarding the EPF scheme rules. The EPF Scheme does allow for withdrawal under certain circumstances, including resigning from a job. The user's interpretation of Para 69 is incorrect.
0
0
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains some helpful advice, but there are inaccuracies in their response regarding the legal aspects and actions to be taken. It's essential to emphasize the legal rights and steps an employee can take in such situations.