Dear Sir/Madam,
I worked for a Mumbai-based mid-size company for 2 years. As per the appointment letter issued (and agreed), both parties should give a 3-month notice period. However, when I submitted my resignation letter, I was asked to leave in 5 days. After my last working day, I neither received my relieving letter nor my pending dues (earned leaves + 15 days' salary + 3 months' notice period amount + gratuity deducted as part of CTC).
I have sent 15 reminders so far to HR. Every time I write to them, they route it to the CEO of the company, and the CEO responds rudely, stating, "not to disturb for 2 years... after 2 years if my mind changes, I will release your dues." Without a relieving letter, I lost two long-term onsite opportunities.
I need your guidance on how to get these issues resolved without having any negative impact on my career.
Thanks & Regards,
From India, Kumar
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I worked for a Mumbai-based mid-size company for 2 years. As per the appointment letter issued (and agreed), both parties should give a 3-month notice period. However, when I submitted my resignation letter, I was asked to leave in 5 days. After my last working day, I neither received my relieving letter nor my pending dues (earned leaves + 15 days' salary + 3 months' notice period amount + gratuity deducted as part of CTC).
I have sent 15 reminders so far to HR. Every time I write to them, they route it to the CEO of the company, and the CEO responds rudely, stating, "not to disturb for 2 years... after 2 years if my mind changes, I will release your dues." Without a relieving letter, I lost two long-term onsite opportunities.
I need your guidance on how to get these issues resolved without having any negative impact on my career.
Thanks & Regards,
From India, Kumar
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Dear,
First, all of the company can waive off the notice period and relieve you before the said notice period on the grounds of mutual understanding. In this case, they can't recover the notice period from you nor pay the notice period, but they need to pay you the actual worked salary.
As we assume that if they waive off your notice period and relieve you before the agreed notice period, there should not be any problem in the clearance of your F&F. Therefore, the relieving letter is based on your clearance of F&F and employment history.
Secondly, as you only worked for 2 years, you are not eligible for gratuity. Many employees misunderstand this regarding their CTC. Most companies show Gratuity contribution in the CTC, and employees feel that it is a deduction from their salary or CTC, similar to PF, making them eligible for gratuity. Please be clear on this point.
Thirdly, as I mentioned above, you are not eligible to receive the notice period of 3 months as the resignation was given by you and not terminated by the company. On the grounds of your resignation, they simply waived off your notice period, so no payment or recovery is required.
The company is obligated to settle your F&F, and no CEO or company can ask you to wait for 2 years for settlement.
If you have any written document regarding the adjustment of your notice period, you can send a legal notice to settle your dues.
From India, Mumbai
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208First, all of the company can waive off the notice period and relieve you before the said notice period on the grounds of mutual understanding. In this case, they can't recover the notice period from you nor pay the notice period, but they need to pay you the actual worked salary.
As we assume that if they waive off your notice period and relieve you before the agreed notice period, there should not be any problem in the clearance of your F&F. Therefore, the relieving letter is based on your clearance of F&F and employment history.
Secondly, as you only worked for 2 years, you are not eligible for gratuity. Many employees misunderstand this regarding their CTC. Most companies show Gratuity contribution in the CTC, and employees feel that it is a deduction from their salary or CTC, similar to PF, making them eligible for gratuity. Please be clear on this point.
Thirdly, as I mentioned above, you are not eligible to receive the notice period of 3 months as the resignation was given by you and not terminated by the company. On the grounds of your resignation, they simply waived off your notice period, so no payment or recovery is required.
The company is obligated to settle your F&F, and no CEO or company can ask you to wait for 2 years for settlement.
If you have any written document regarding the adjustment of your notice period, you can send a legal notice to settle your dues.
From India, Mumbai
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Kindly file a claim petition under the Payment of Wages Act with the appropriate authority. For more details, see [Labor & Employee Relations - CiteHR Human Resource Management Community Knowledgebase](https://www.citehr.com/labor-employee-relations-f50.html).
From India, Chennai
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From India, Chennai
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Also see https://www.citehr.com/285737-legal-...-industry.html.
Thank you!
From India, Chennai
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Thank you!
From India, Chennai
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