Pending full and final and bonus payment & notice period

its very clear that the notice period shall reckoned from the day you put your resignation i.e 16th Dec, not on the day when your employer accepted resignation.

the days when you send communication to your employer and communication came to the knowledge of your employer, there is a separation of employment from that onward and to complete either the notice period or pay amount in liue of notice period.

suppose a employer never accept any resignation it does not mean that employee will leave the organization, the day notice period completed, employee can leave. Non acceptance of resignation does not bar an employee to leave.

You please speak to HR politily and request for relieving.

its very clear that the notice period shall reckoned from the day you put your resignation i.e 16th Dec, not on the day when your employer accepted resignation.

the days when you send communication to your employer and communication came to the knowledge of your employer, there is a separation of employment from that onward and to complete either the notice period or pay amount in liue of notice period.

suppose a employer never accept any resignation it does not mean that employee will leave the organization, the day notice period completed, employee can leave. Non acceptance of resignation does not bar an employee to leave.

You please speak to HR politily and request for relieving.

If employee has chosen to retire by way of resignation then employee shall choose the date of separation.

The notice period shall commence from the date of notice.

Employee should always tender some reasonable notice and must stated in writing that as on date NO task are pending and routine duties  on daily basis be assigned that can be completed within and up to last day/date in office. Employee should handover the charge/company property under proper acknowledgment and help to train the replacement and complete tasks on hand.

Earned wages have to be paid on usual/due date of payment of wages. Non Payment of wages on due date may invite penalty say Rs.7500/instance……………….

FNF dues should be paid on last day in office or within next 3 days or max. by usual pay day.

Notice/resignation should be carefully drafted preferably with the help of a trained legal mind. There was no need to write that “or defer it for a later date as I was involved in a project at that time.”

Notice of resignation and resignation can be withdrawn before expiry of notice period.

You have posted that: “I did as asked putting in another formal resignation letter on December the 16th 2013.”

You could have stated that previous notice of resignation stands withdrawn.

Now it is not known what the strategy of your employer is.

Most probably the establishment would be covered by (Name of your state) Shops and Commercial Establishments Act. You may refer to section on payment of wages, notice of resignation/termination/dismissal.

Standing orders (Certified/Model) might be applicable to it and extended to your designation. If standing orders are applicable but are not certified Model Standing orders shall apply and as per it notice period applicable in Probation is NIL and after confiormation 1 month.

Standing orders (Certified/Model) being instrument of law/having statutory force shall supersede/prevail upon any private agreement that employer might have signed with employee.

If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..

Employee can approach:

----Employees Unions : There are employees unions of IT/ITeS employees and they have done good job.

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

The trade unions are willing to embrace IT/ITeS employees and they are very effective too.

--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- O/o Labor Commissioner

----RPFC thru nearest PF office

----ESTC Inspector in jurisdictional ESTC office

--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, Notice of resignation, resignation etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.