I was working with a Private Limited Company in Noida, UP. The company has 150 plus employees. My basic salary was Rs. 36000/- PM (at the time of leaving) and gross approximately Rs. 73000/-. I joined the company on 09-09-2013 and resigned on 13-07-2018 with last working day 31-07-2018. As per my appointment letter there was a clause for two months basic salary or two months’ notice period (lieu).
Due to some urgent personal reasons, I was not able to serve full notice period of 2 months so I offered to pay notice period remaining amount and I had written to adjust with salary of month July 18.
Now on my last working day, I had handed over the laptops, company assets and got no dues clearance done from all departments except for my HoD.
The present HR head suddenly started harassing me saying that I had to give full two month notice else they would terminate my employment after two months and declare me as absconding. However, they had acknowledged my resignation on email just two working days ago. I had finished my job but for them it was now a matter of ego.
I have copies of the no-dues certificate and resignation acceptance in my possession.
Now my Query is that-
1. Am I eligible for Gratuity as I worked 4 yrs 11 months?
2. What to do if HR does not give Full and final settlement and relieving certificate? I am willing to pay short notice period pay as per letter of appointment.
3. Can they really can terminate my appointment after I leave the organisation, even after my handover as they are threatening to finish my career by terminating?
4. They have deducted salary as Ex Gratia (Part of CTC). Should I make a claim for that?
From India, Delhi
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1Due to some urgent personal reasons, I was not able to serve full notice period of 2 months so I offered to pay notice period remaining amount and I had written to adjust with salary of month July 18.
Now on my last working day, I had handed over the laptops, company assets and got no dues clearance done from all departments except for my HoD.
The present HR head suddenly started harassing me saying that I had to give full two month notice else they would terminate my employment after two months and declare me as absconding. However, they had acknowledged my resignation on email just two working days ago. I had finished my job but for them it was now a matter of ego.
I have copies of the no-dues certificate and resignation acceptance in my possession.
Now my Query is that-
1. Am I eligible for Gratuity as I worked 4 yrs 11 months?
2. What to do if HR does not give Full and final settlement and relieving certificate? I am willing to pay short notice period pay as per letter of appointment.
3. Can they really can terminate my appointment after I leave the organisation, even after my handover as they are threatening to finish my career by terminating?
4. They have deducted salary as Ex Gratia (Part of CTC). Should I make a claim for that?
From India, Delhi
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Dear Shasandeep,
1) You are eligible for claiming gratuity.
2) Management does not end up with HR. Better make a representation to the next higher authority and request acceptance of your resignation subject to the condition of buying out the remaining notice period. If such a formal and courteous approach does not work, pay the amount and simply walk out.
3) It would become a contentious issue if they resort to such an extreme step under the wrong advice of the HR for the employer cannot insist on serving the entire notice period while the employee exercises the option of buy-out as per the notice clause of the contract of employment. Nor can the employee take for granted just because his resignation is acknowledged. Resignation should be formally accepted. It is not clear how you were permitted to hand over your charge along with the company's properties you had.
4) The question is not clear to me.
From India, Salem
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1) You are eligible for claiming gratuity.
2) Management does not end up with HR. Better make a representation to the next higher authority and request acceptance of your resignation subject to the condition of buying out the remaining notice period. If such a formal and courteous approach does not work, pay the amount and simply walk out.
3) It would become a contentious issue if they resort to such an extreme step under the wrong advice of the HR for the employer cannot insist on serving the entire notice period while the employee exercises the option of buy-out as per the notice clause of the contract of employment. Nor can the employee take for granted just because his resignation is acknowledged. Resignation should be formally accepted. It is not clear how you were permitted to hand over your charge along with the company's properties you had.
4) The question is not clear to me.
From India, Salem
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Dear Shasandeep,
1. I agree with Mr. Umakanthan.
2. If the company refuses to clear your full and final settlement and issue you a relieving letter, seek assistance from a lawyer who specializes in labor matters. Have them send a legal notice to the company demanding the settlement of your dues and the issuance of the relieving letter.
3. They can't prevent you from taking action. Keep a copy of your resignation letter and their acknowledgment of it. Explain to your future employer the situation regarding the relieving letter.
4. Any deductions made in error can be claimed in the legal notice, along with your full and final payment.
Feel free to contact me at 9999236926. Best of luck!
Ashok Sharma
Labor Law Adviser
From India
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1. I agree with Mr. Umakanthan.
2. If the company refuses to clear your full and final settlement and issue you a relieving letter, seek assistance from a lawyer who specializes in labor matters. Have them send a legal notice to the company demanding the settlement of your dues and the issuance of the relieving letter.
3. They can't prevent you from taking action. Keep a copy of your resignation letter and their acknowledgment of it. Explain to your future employer the situation regarding the relieving letter.
4. Any deductions made in error can be claimed in the legal notice, along with your full and final payment.
Feel free to contact me at 9999236926. Best of luck!
Ashok Sharma
Labor Law Adviser
From India
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Respected Sir,
Thank you for your valuable suggestions! I will first try to send gentle emails and reminders as I have not done any wrong. Leaving the present organization after five years without any significant growth is no crime. Also, I have done all the work as suggested by the immediate HOD. Sometimes, very senior people working in HR take the matter as on their ego, which creates the problem. With all of your blessings, my next employer is convinced and allowing me to join.
Further, kindly guide me where I can lodge my complaints in Noida, Uttar Pradesh if my gratuity and dues are not being given by the company (my gross salary was 72000, and basic 36000 while leaving). Intellectuals like you on-site HR are really helping humankind by giving the right suggestions. Surely, I will keep updating all of you.
Regards,
Sandeep Shah
From India, Delhi
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Thank you for your valuable suggestions! I will first try to send gentle emails and reminders as I have not done any wrong. Leaving the present organization after five years without any significant growth is no crime. Also, I have done all the work as suggested by the immediate HOD. Sometimes, very senior people working in HR take the matter as on their ego, which creates the problem. With all of your blessings, my next employer is convinced and allowing me to join.
Further, kindly guide me where I can lodge my complaints in Noida, Uttar Pradesh if my gratuity and dues are not being given by the company (my gross salary was 72000, and basic 36000 while leaving). Intellectuals like you on-site HR are really helping humankind by giving the right suggestions. Surely, I will keep updating all of you.
Regards,
Sandeep Shah
From India, Delhi
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Dear Sandeep,
As per my knowledge, Sector 3 Noida has Labour Department offices. You can approach them by writing to them that your gratuity has not been paid. They will take up the matter with the company and do the needful for you.
Still, in case of any help, feel free to call me at 9999236926 or write to
.
Thank you.
From India
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As per my knowledge, Sector 3 Noida has Labour Department offices. You can approach them by writing to them that your gratuity has not been paid. They will take up the matter with the company and do the needful for you.
Still, in case of any help, feel free to call me at 9999236926 or write to
Thank you.
From India
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Hello Sir,
I would like some clarity on my Ex-Gratia, which was deducted from my salary (CTC). When I joined, the employer included this component in my CTC and appointment letter. It is equivalent to one month's salary and was traditionally given before Diwali.
However, my appointment letter does not mention that I will not receive the Ex Gratia if I leave the company. Despite being verbally informed that it is provided to all employees after Diwali once it is declared, they have now stopped giving it to those who have left. For new employees, they have started specifying in the appointment letter that the Ex Gratia will only be given if the employee remains in the role.
This situation has led to them withholding my Ex-Gratia for the financial year 2017 and the first four months of 2018. I would appreciate your advice on whether I can recover this.
Regards, Sandeep Shah
From India, Delhi
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I would like some clarity on my Ex-Gratia, which was deducted from my salary (CTC). When I joined, the employer included this component in my CTC and appointment letter. It is equivalent to one month's salary and was traditionally given before Diwali.
However, my appointment letter does not mention that I will not receive the Ex Gratia if I leave the company. Despite being verbally informed that it is provided to all employees after Diwali once it is declared, they have now stopped giving it to those who have left. For new employees, they have started specifying in the appointment letter that the Ex Gratia will only be given if the employee remains in the role.
This situation has led to them withholding my Ex-Gratia for the financial year 2017 and the first four months of 2018. I would appreciate your advice on whether I can recover this.
Regards, Sandeep Shah
From India, Delhi
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