Gratuity and PF with held by employer
Querist :
Anonymous
(Querist) 09 June 2011
This query is : Resolved
Hello,
I was working with a reputed insurance company since Feb 2006 and have been getting promotions almost every alternate year. I was supposed to get married in Oct 2010 and hence required leave for the same. Since I had sufficient Annual leaves in my account I availed the same. Later, as I was not able to join back immidiately since I had to go abroad with my husband, I had requested for Leave without Pay which is a part of my contract and I am authorised for it. I had asked LWP for about two months and had requested incase I could join back by January. The same was rejected and I was asked to join back immidiately which I could not since I was abroad. I still insited incase it could be approved and I could join back in two months time. Once I came back In January and inquired from my office , when I could join, I was told, that I was terminated and that the company had already sent a termination letter to my temporary address, which they later admitted was returned back undelivered to them. They made no attempt to send me a copy of any written warning letter at my permanent address( which is given in the company records) or even a soft copy on my email from which I was corresponding with them while I was abroad. On my Inquiring, I was later sent a copy of the termination letter dated 31-Dec-2010 on my email in mid Jan 2011. I again requested them incase my case could be considered and termination could be withdrawn . I wanted to join back. But I was refused. I even requested if I could serve my notice period since as per my contract I am supposed to give 1 month notice, which again was refused by them as they said I was terminated. On persistence by me and my immidiate boss, my termination was converted into resignation and I was asked to submit a backdated resignation letter with date mentioned as 31-Oct2010 (when my annual leaves ended). I did so on 4rth April 2011 and handed over the same to HR.
Till date after that, I have been continually following up fo my F&F, relieving letter, gratuity and PF. There has been no response to my mails.
Kindly let me know:
1.How much time should a Company take in fulfilling the requirements and processing F&F.
2. Since I could not serve any notice period, can they hold back my gratuity and PF and refuse my reliving letter.
Isaac Gabriel
(Expert) 28 January 2013
You can file a case for the recovery of gratuity and PF, which is payable irrespective of the fact whether you served for the notice period or not.
