Sanju (CDE) 24 May 2016

Declined to relieve

Hi,

I was working for a company(XYZ) for two years(Mar-2013 TO Apr-2015). I got a better opportunity in a different company(123) but requested to join in 15-days. Since the salary and job in 123 company is much better than XYZ company, I had requested for a early relieve. The matter of fact is my absence in the XYZ company does not really affect the companies clients, because my designation was like a helper to a consultant who face the clients directly. Although the XYZ company could have relieved me without asking to serve any notice period(as informed by the manager whom I had approached for a suggestion about my resignation) I still went ahead and acknowledged about my interest of leaving the organization. I had served 12-days notice period. The XYZ company have blocked my 1-month salary, refused to consider my request to relieve early, neither did they reply to my last email till date.

The XYZ company did relieve some of the employees in the past but why did they refuse my request, I am unable to simplify to myself.

My last working day in the XYZ company was 09-May-2015. I met the HR executive of the XYZ company(in the office) and pleaded her by joining hands, but she was less than helpful. When I called and tried convince the HR manager of the XYZ company she hung up the phone on my face. It was an insult to me.

Now my PF(6-months), one month salary with incentives are blocked.

Now I need an advice. Would I be able to claim my hard earned money? If yes, what is the procedure.

Regards,

Jude.

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6 Replies

Ritesh Maity (Labour Law Advocate) 24 May 2016

You are legally bound to serve the notice period as mentioned in your letter of appointment or to pay an equivalent amount of such period to your employee. There is no legal validity of holding hands and requests. Your employer has the right to deny your relieving till you complete the notice period or pay the amount.

If you wish, you can work for 12 days and pay for the rest of the notice period.

Irrespective of the situation, your PF, salary and other benefits cannot be blocked under any circumstances. Consult with a labour law advocate with all your documents, if required, immediately.

Kumar Doab (FIN) 24 May 2016

For a proper response, While initiating such queries the querist should post the basic information e.g;

You may post the exact extract from appointment letter on termination/resignation.

What is your designation and nature of duties in appointment letter and on record/ in practise?

You were in which state ?

What is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?

What was your last drawn salary?

You were under probation/confirmed?

What is the notice period mentioned in appointment letter?

Do you have acknowledgment of notice of resignation and its POD?

Did you tender final resignation?

Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement?

Has employer supplied anything to you in writng?

P. Venu (Advocate) 24 May 2016

Post the facts, not emotion and opinions. Then only we can try to give menaingful suggestions.

Kumar Doab (FIN) 24 May 2016

Employee is not neccessarily legally bound to serve the notice period.

The notice period/pay may not be neccessarily applicable in the case of querist.

Further response can be posted after querist has replied to all points, pointwise.

T. Kalaiselvan, Advocate (Advocate) 29 May 2016

The querist did not bother to give reply to the subsequent queries raised by our experts so that he could have got further proper opinion and advises on the next step.Probably he is not serious about his query.