I joined an O&M company in Sep’10 and after 2.3 yrs of service, on 26.11.’12, I submitted my resignation and I have clearly mentioned that my last working day will be 26.12.’12. As per company policy, notice period is stated as follows:"On Confirmation of your services with our organization two months notice is required for resigning from the service. Out of these two months, one-month service is compulsorily required and for the second month you can opt for one month salary in lieu of notice period." (Company deducts GROSS SALARY). Company credits salary by 15th of every month and as I had resigned on 26th, my salary for Nov’12 was held-up.
Due to family problem I applied leave - after getting consent from Plant Manager from 18/12/’12 to 22/12/’12. Due to unavoidable reasons, I couldn’t join duty on 24/12/’12(23rd was Sunday). Even though I returned back on 24th evening and informed PM also - as 25/12/’12 was Christmas Holiday - I could resume duty on 26.12.’12 which was my last working day. (i.e., I was absent from 23/12/’12 to 25/12/’12 for 3 days). My salary from 1/11/’12 to 26/12/’13 i.e., (56-3=53 days) is still not yet settled. On 26.12.’12, I had obtained NO DUES CERTIFICATE (as per company procedure) from all department Incharges including HR and Plant Manager after surrendering my SIM card, ID card, used safety shoes etc. I also sent the scanned copy of my Resignation acceptance letter and Clearance Certificate to HR & Accounts Department at Head office thro’ e-mail.
After frequent follow-up with HR team, they are saying that my F&FS is held-up as I have not worked for 1month and asking me to pay another 9 days salary(from 18/12/’12 to 26/12/’12). Now they are not transferring my PF amount also to my new PF account (I have submitted FORM 13 to newly joined organization during Feb’13). Till now my F&FS, Releiving letter, Form 16 for filing returns and PF account Transfer form (Form 13 ) not being cleared. Where and/or to whom should I complain for Form 16 and PF Account Transfer delay?What I am arguing is - they can deduct 30 days salary for Notice Period and extra 3 days salary for which I was absent i.e. I am asking them to pay 23 days (56-30-3=23 days) salary after deducting for Notice Period. IS IT CORRECT ?
From India, Mumbai
Due to family problem I applied leave - after getting consent from Plant Manager from 18/12/’12 to 22/12/’12. Due to unavoidable reasons, I couldn’t join duty on 24/12/’12(23rd was Sunday). Even though I returned back on 24th evening and informed PM also - as 25/12/’12 was Christmas Holiday - I could resume duty on 26.12.’12 which was my last working day. (i.e., I was absent from 23/12/’12 to 25/12/’12 for 3 days). My salary from 1/11/’12 to 26/12/’13 i.e., (56-3=53 days) is still not yet settled. On 26.12.’12, I had obtained NO DUES CERTIFICATE (as per company procedure) from all department Incharges including HR and Plant Manager after surrendering my SIM card, ID card, used safety shoes etc. I also sent the scanned copy of my Resignation acceptance letter and Clearance Certificate to HR & Accounts Department at Head office thro’ e-mail.
After frequent follow-up with HR team, they are saying that my F&FS is held-up as I have not worked for 1month and asking me to pay another 9 days salary(from 18/12/’12 to 26/12/’12). Now they are not transferring my PF amount also to my new PF account (I have submitted FORM 13 to newly joined organization during Feb’13). Till now my F&FS, Releiving letter, Form 16 for filing returns and PF account Transfer form (Form 13 ) not being cleared. Where and/or to whom should I complain for Form 16 and PF Account Transfer delay?What I am arguing is - they can deduct 30 days salary for Notice Period and extra 3 days salary for which I was absent i.e. I am asking them to pay 23 days (56-30-3=23 days) salary after deducting for Notice Period. IS IT CORRECT ?
From India, Mumbai
Dear HR Personnel, please give your valuable suggestion for my F & FS
I joined an O&M company in Sep’10 and after 2.3 yrs of service, on 26.11.’12, I submitted my resignation and I have clearly mentioned that my last working day will be 26.12.’12. As per company policy, notice period is stated as follows:"On Confirmation of your services with our organization two months notice is required for resigning from the service. Out of these two months, one-month service is compulsorily required and for the second month you can opt for one month salary in lieu of notice period." (Company deducts GROSS SALARY). Company credits salary by 15th of every month and as I had resigned on 26th, my salary for Nov’12 was held-up.
Due to family problem I applied leave - after getting consent from Plant Manager from 18/12/’12 to 22/12/’12. Due to unavoidable reasons, I couldn’t join duty on 24/12/’12(23rd was Sunday). Even though I returned back on 24th evening and informed PM also - as 25/12/’12 was Christmas Holiday - I could resume duty on 26.12.’12 which was my last working day. (i.e., I was absent from 23/12/’12 to 25/12/’12 for 3 days). My salary from 1/11/’12 to 26/12/’13 i.e., (56-3=53 days) is still not yet settled. On 26.12.’12, I had obtained NO DUES CERTIFICATE (as per company procedure) from all department Incharges including HR and Plant Manager after surrendering my SIM card, ID card, used safety shoes etc. I also sent the scanned copy of my Resignation acceptance letter and Clearance Certificate to HR & Accounts Department at Head office thro’ e-mail.
After frequent follow-up with HR team, they are saying that my F&FS is held-up as I have not worked for 1month and asking me to pay another 9 days salary(from 18/12/’12 to 26/12/’12). Now they are not transferring my PF amount also to my new PF account (I have submitted FORM 13 to newly joined organization during Feb’13). Till now my F&FS, Releiving letter, Form 16 for filing returns and PF account Transfer form (Form 13 ) not being cleared. Where and/or to whom should I complain for Form 16 and PF Account Transfer delay?What I am arguing is - they can deduct 30 days salary for Notice Period and extra 3 days salary for which I was absent i.e. I am asking them to pay 23 days (56-30-3=23 days) salary after deducting for Notice Period. IS IT CORRECT ?
From India, Mumbai
I joined an O&M company in Sep’10 and after 2.3 yrs of service, on 26.11.’12, I submitted my resignation and I have clearly mentioned that my last working day will be 26.12.’12. As per company policy, notice period is stated as follows:"On Confirmation of your services with our organization two months notice is required for resigning from the service. Out of these two months, one-month service is compulsorily required and for the second month you can opt for one month salary in lieu of notice period." (Company deducts GROSS SALARY). Company credits salary by 15th of every month and as I had resigned on 26th, my salary for Nov’12 was held-up.
Due to family problem I applied leave - after getting consent from Plant Manager from 18/12/’12 to 22/12/’12. Due to unavoidable reasons, I couldn’t join duty on 24/12/’12(23rd was Sunday). Even though I returned back on 24th evening and informed PM also - as 25/12/’12 was Christmas Holiday - I could resume duty on 26.12.’12 which was my last working day. (i.e., I was absent from 23/12/’12 to 25/12/’12 for 3 days). My salary from 1/11/’12 to 26/12/’13 i.e., (56-3=53 days) is still not yet settled. On 26.12.’12, I had obtained NO DUES CERTIFICATE (as per company procedure) from all department Incharges including HR and Plant Manager after surrendering my SIM card, ID card, used safety shoes etc. I also sent the scanned copy of my Resignation acceptance letter and Clearance Certificate to HR & Accounts Department at Head office thro’ e-mail.
After frequent follow-up with HR team, they are saying that my F&FS is held-up as I have not worked for 1month and asking me to pay another 9 days salary(from 18/12/’12 to 26/12/’12). Now they are not transferring my PF amount also to my new PF account (I have submitted FORM 13 to newly joined organization during Feb’13). Till now my F&FS, Releiving letter, Form 16 for filing returns and PF account Transfer form (Form 13 ) not being cleared. Where and/or to whom should I complain for Form 16 and PF Account Transfer delay?What I am arguing is - they can deduct 30 days salary for Notice Period and extra 3 days salary for which I was absent i.e. I am asking them to pay 23 days (56-30-3=23 days) salary after deducting for Notice Period. IS IT CORRECT ?
From India, Mumbai
Dear Sir,
Certain companies have a policy of not allowing leaves in the notice period. Ans since you had been on leave for a few days that might be a reason for your dues being held up. As far as relieving letter is concerned it is given only after all dues and settlement is cleared. Pls check with your previous employer if this is the case. Also if the plant manager had sanctioned your leave and you have any proof of it kindly provide it to the previous company HR and tell that you went on leave because it was sanctioned and you were unaware that leaves are not allowed in the notice period. This way the plan manager who sanctioned you leave will also be accountable but you should have a written sanction from him.
Also most companies do include a point in their offer letters that the provision for paying one month salary in lieu of not serving one month notice period is possible only if the company agrees to it. So you will need to check your appointment letter for the said point and in case the point is included you will have to prove that you had received goi ahead from the company for serving just one month notice and payoing one month's salary. If you did not have such a agreement from the company side then you may not be able to claim that your move of serving one month notice and paying for one month was according to your company policies and hence you will be at fault and the holding back of your dues will be justified.
Please check for the above points and take the necessary course of action.
From India, Thane
Certain companies have a policy of not allowing leaves in the notice period. Ans since you had been on leave for a few days that might be a reason for your dues being held up. As far as relieving letter is concerned it is given only after all dues and settlement is cleared. Pls check with your previous employer if this is the case. Also if the plant manager had sanctioned your leave and you have any proof of it kindly provide it to the previous company HR and tell that you went on leave because it was sanctioned and you were unaware that leaves are not allowed in the notice period. This way the plan manager who sanctioned you leave will also be accountable but you should have a written sanction from him.
Also most companies do include a point in their offer letters that the provision for paying one month salary in lieu of not serving one month notice period is possible only if the company agrees to it. So you will need to check your appointment letter for the said point and in case the point is included you will have to prove that you had received goi ahead from the company for serving just one month notice and payoing one month's salary. If you did not have such a agreement from the company side then you may not be able to claim that your move of serving one month notice and paying for one month was according to your company policies and hence you will be at fault and the holding back of your dues will be justified.
Please check for the above points and take the necessary course of action.
From India, Thane
Thank you Sir - Mr. Bhuwan C.Arya, New Delhi and HR Guy, Mumbai for your valuable suggestions.
As per company policy, notice period is stated as follows:"On Confirmation of your services with our organization two months notice is required for resigning from the service. Out of these two months, one-month service is compulsorily required and for the second month you can opt for one month salary in lieu of notice period."
Actually, after submitting my Resignation letter on 26.11.2012, I informed Plant Manager that will serve Notice Period of ONE month. But due to unavoidable reasons - Housing Loan applied earlier was ready for sanctioning and Bank Manager was asking for some documents on 17.12.2012 evening). I called my Plant Manager thro' phone and after informing my situation I went on leave. After returning and attending duty on 26.12.2012 (last working day), I surrendered my SIM card, ID card etc and submitted my Leave letter also which he received from me (and not sanctioned). My mistake was I had not signed Attendance on my last working day.(ie., my attendance was marked upto 17.12.2012). Now what HR says is -- I have not worked for 9 days. Also last week they have sent a mail stating that I have to pay for 9 days. Then only they will give my Relieving letter and Form 16.
My query is---- Already my 56 days pay is held-up with them.. why should I pay them for 9 more days?
From India, Mumbai
As per company policy, notice period is stated as follows:"On Confirmation of your services with our organization two months notice is required for resigning from the service. Out of these two months, one-month service is compulsorily required and for the second month you can opt for one month salary in lieu of notice period."
Actually, after submitting my Resignation letter on 26.11.2012, I informed Plant Manager that will serve Notice Period of ONE month. But due to unavoidable reasons - Housing Loan applied earlier was ready for sanctioning and Bank Manager was asking for some documents on 17.12.2012 evening). I called my Plant Manager thro' phone and after informing my situation I went on leave. After returning and attending duty on 26.12.2012 (last working day), I surrendered my SIM card, ID card etc and submitted my Leave letter also which he received from me (and not sanctioned). My mistake was I had not signed Attendance on my last working day.(ie., my attendance was marked upto 17.12.2012). Now what HR says is -- I have not worked for 9 days. Also last week they have sent a mail stating that I have to pay for 9 days. Then only they will give my Relieving letter and Form 16.
My query is---- Already my 56 days pay is held-up with them.. why should I pay them for 9 more days?
From India, Mumbai
Dear PTKSVEL,
Actually, they are ignoring your leave application which you gave them.
That's why I mentioned earlier also, do you have the copy of sanctioned application..??
If not, then they are playing with this point and asking you to pay for those 9 days also.
You can go through these discussions:
https://www.citehr.com/32702-notice-...nt-letter.html
https://www.citehr.com/18200-differe...-employee.html
This is help you a lot.
From India, Delhi
162Actually, they are ignoring your leave application which you gave them.
That's why I mentioned earlier also, do you have the copy of sanctioned application..??
If not, then they are playing with this point and asking you to pay for those 9 days also.
You can go through these discussions:
https://www.citehr.com/32702-notice-...nt-letter.html
https://www.citehr.com/18200-differe...-employee.html
This is help you a lot.
From India, Delhi
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