My husband had given his resignation, which was accepted and forwarded by his immediate superior to the head office HR. HR gave us an acceptance letter with the last working date and time mentioned, to deposit company property and also to obtain a no-dues certificate from the superior for FNF settlement.
With a week remaining for the last working day, the superior has said he will not sign the no-dues certificate, saying he needs to be told by the regional HR office. But nothing is given in writing to us by the superior or regional HR. But orally, they are hinting to leave two/three weeks after the date mentioned in the acceptance letter. We refused orally.
We wrote an email to HR at HO, with copies to the superior and regional HR office, stating that we will be leaving on the last working day and are complying with the instructions in their letter of acceptance of resignation.
My questions:
1. Can my husband leave without getting a no-dues certificate since we have a letter from the HO accepting the resignation?
2. Can the employer refuse to grant PF, gratuity, and other dues, which are a sizeable amount having worked for more than five years?
We are trying our best to exit gracefully, but if they refuse to sign the no-dues certificate, what other options are there?
From India, Bengaluru
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With a week remaining for the last working day, the superior has said he will not sign the no-dues certificate, saying he needs to be told by the regional HR office. But nothing is given in writing to us by the superior or regional HR. But orally, they are hinting to leave two/three weeks after the date mentioned in the acceptance letter. We refused orally.
We wrote an email to HR at HO, with copies to the superior and regional HR office, stating that we will be leaving on the last working day and are complying with the instructions in their letter of acceptance of resignation.
My questions:
1. Can my husband leave without getting a no-dues certificate since we have a letter from the HO accepting the resignation?
2. Can the employer refuse to grant PF, gratuity, and other dues, which are a sizeable amount having worked for more than five years?
We are trying our best to exit gracefully, but if they refuse to sign the no-dues certificate, what other options are there?
From India, Bengaluru
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Can you wait for the extended period to ensure a smooth exit?
Are you sure if you work 15-17 days extra, the exit will be smooth? Are there any dues outstanding as per your knowledge?
The delay in issuing NDC (No Dues Certificate) is basically to hold the employee for a few more days. Leaving without NDC can result in a delay in Full and Final Settlement. So try a middle path - stay a few more days but get a clear exit, which will be advantageous for your next job.
From India, Pune
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3251Are you sure if you work 15-17 days extra, the exit will be smooth? Are there any dues outstanding as per your knowledge?
The delay in issuing NDC (No Dues Certificate) is basically to hold the employee for a few more days. Leaving without NDC can result in a delay in Full and Final Settlement. So try a middle path - stay a few more days but get a clear exit, which will be advantageous for your next job.
From India, Pune
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We too want a smooth exit. On writing an adieu letter to the HR, they have not written anything about continuing and have emailed the concerned HR to go ahead with resignation formalities. So we take it that we should go on the date as given in the acceptance letter.
We do not owe anything, but we have to get our previous month's salaries. Are we paid if we work after the acceptance of resignation and there is no written communication to continue? The superior is not assigning any reason but verbally refusing to sign the NDC. Handing over charge is also in the last stage. We are confused about what course of action to follow.
From India, Bengaluru
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We do not owe anything, but we have to get our previous month's salaries. Are we paid if we work after the acceptance of resignation and there is no written communication to continue? The superior is not assigning any reason but verbally refusing to sign the NDC. Handing over charge is also in the last stage. We are confused about what course of action to follow.
From India, Bengaluru
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What position do you occupy in this office? Probably a physical visit to the Regional Head office is called for. Give them a written communication that it is my last date, and you will not be working with the company any further, nor coming to the office. Work out your dues and ask them to remit it to your bank account. Be polite but firm. Dilatory tactics cannot stop an employee from changing his job. As a last resort, you can consult a local lawyer well-versed in such matters for advice on how to proceed. If there is still no result, the same lawyer can be hired for legal notices and other formalities. Legal proceedings should be the LAST LAST resort.
From India, Pune
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From India, Pune
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Employer-PF-res trict to wages of Rs 6500.pdf