Saswatabanerjee
Partner - Risk Management
Shah01ankita
Talent Acquisition / Consultant - Catalis
+2 Others

I resinged from my job 2 months ago. I have still not received my relieving letter and last month\'s salary along with a security deposit of 40K. The HR refuses to talk to me and never gives any information. Whenever I get hold of her she says it will take 2 more weeks. Its been 2months. Im unpaid for 2 months and all my certificates are lying with the management. Please help.
From India, Hyderabad

Teacherji,

A piece of advise first,

Never ever join the company who seeks your original documents in their custody.

Please note that no employer should ethically be asking for documents to be kept in their custody.

Note that our constitution also states that every individual has a right to employment of their own choice and no one can force them to do a job against their will.

Holding your original documents is a method to keep you holding in the job even if you wish to resign which acts as a blackmailing agent.

Suppose if the employer tells you you can't resign else we won't handover you your original documents, what would you do???

Another thing.

Was your resignation tendered via letter or email or was that verbally spoken?

Were you issued any relieving or acceptance of resignation letter?

Did they give you in writing how long would it take to process your Full and Final settlement and to hand over your originals back to you?

What is mentioned in your appointment letter regarding the time frame to process your F&F?

Kindly give details on the above mentioned questions, then we can think on how to proceed further.
From India, Mumbai
Well explained!! with legality of keeping original docs or not. good relevant
From India, Ahmadabad
Teacherji, With your appointment letter and other letters issued from company/organization, do contact to Labour Officer to resolve this. If not done, do contact police station at your local area.
From India, Ahmadabad
Thank you so much for all the information. My appointment letter doesnt say anything about the final settlement thing. It asks for a 3 months working notice which I am ready to serve, but to save that 3 months salary they dont want me there. When I wanted to give them the hard copy of my resignation they didnt accept it, so I had to send them an e-mail. They never told me or gave me anything in writing about the processing time regarding the relieving letter and final settlement. In fact they are not speaking to me, avoiding me and saying they are busy and the administrator is not well. Same is the case with the previous employees too. some of them let it go but I cant because close to 1 Lakh is expected from my school. What points can I mention to threaten them towards filing a law suit? Please help.
From India, Hyderabad
Thanks for the information madam,
Thank you so much for all the information. My appointment letter doesnt say anything about the final settlement thing. It asks for a 3 months working notice which I am ready to serve, but to save that 3 months salary they dont want me there. When I wanted to give them the hard copy of my resignation they didnt accept it, so I had to send them an e-mail. They never told me or gave me anything in writing about the processing time regarding the relieving letter and final settlement. In fact they are not speaking to me, avoiding me and saying they are busy and the administrator is not well.
From India, Hyderabad
I assume you are working for a school
Your salary is definitely over 18000 per month if you are expecting over 1 lakh.
So you are not covered under payment of wages act.
I am not sure if this comes under industrial dispute (seniors please confirm)
If not, then you only have a civil case, which takes too much time.
However, it does not Hirt to approach the labour commissioner with the details and ask for his help. Generally, a call or visit from them would speed up their response very much. The officer is more likely to take action if all the other employees who have not got paid also complain along with you.
From India, Mumbai
Thanks for the reply Mr.Banerjee. My salary is 20,000 on paper and 18000 in hand. I appreciate your efforts in making me understand different possibilities and points of the case.
From India, Hyderabad
If your salary is 20000 and security deposit is 40,000 that amounts to a total of 60,000 due. How do you claim they have to give you 1 lakh ?
From India, Mumbai
Dear Mr.Banerjee,
They are holding my performance bonus of last year too. 30K. Hence I quoted close to 1lakh not 1lakh exactly but close to 1 lakh, Since 3 years they have kept 40K as deposit so the interest over that money is also due.
From India, Hyderabad
#Anonymous
Retaining certificates are illegal. In case you have records of having requested to return back the certificates, then give a police complaint . The Organisation will fall at your feet and hand over the certificates and settle your dues. Many times the top man does not know that such activities are happening in the Organisation.

I had a similar experience. The finance guy did not like me. My documents were retained by HR and all these documents used to be kept under safe custody of Finance. After I resigned, I kept sending emails three times a week to return my documents and settle my dues. After three weeks, I met an assistant of the HR department in the streets accidentally. She then told me that HR is helpless since the guy in Finance who does not like me is playing around.

I did not know anyone in the Police. I just walked in and filed a FIR. When I went home in the evening, the Finance Manager and the HR Executive were in my house waiting with my cheque and documents. They then took a letter from me stating everything is settled and apologized. I was then requested to go with them to the Police station and withdraw the complaint stating the matter is settled. The cops humiliated the HR executive and Finance manager stating that if they again did sonething like this, they would be put behind bars. I called up the HR assistant asking what happened. Apparently Police went to the office and asked for the MD and met him and told him that he could be arrested.

The MD was fuming, since he did not know that I was being harassed. He apologized to the police and said he will settle the matter immediately. And he sent both the Finance Manager to my house . And the Finance Manager has been warned that if something like this happens, he would be fired and the HR executive has been told that he must bring such issues to the notice of the management.

So go ahead and give a police complaint. They are mostly helpful in such matters.
From Indonesia, Jakarta
With regards to your this quote,

If the notice period is of 3 months, it is not necessary to have serve the said period.

Meaning to say -->

If you are resigning,

1) The company has a right to terminate your employment immediately, in short notice or after full notice. They are liable to pay you only till your last working day irrespective of the notice served.

2) If stated in the appointment letter and you wish to get early relief, you can claim that by paying the notice period pay.

Similarly, if they are terminating you -->

1) If they want to relieve you early (not on misconduct grounds) then they'll pay you for your notice period.

2) If they are giving you regular termination but you say you want to get relieved early, neither you nor they are to pay notice period pay.

Hence it is always advised to people who are completing 4.9 or 4.10 years and planning to resign with 3 month's notice, we always advise them to tender resignation after completion of 5 months as the company has a right to accept your resignation and relieve you on immediate grounds (to save their liability on gratuity etc.)

As far as other things are concerned, I think we have already discussed and the advises endorsed by the seniors are much relevant.
From India, Mumbai
Thanks for the information madam. Just a query, am i to understand that I can do nothing about the money which they owe me? I mean, its not mentioned in the appointment order anywhere about the security deposit, in fact while joining the HR told us that its just a school policy that anytime during your service, twice the salary should be kept in school which will be returned when you leave. but nothing in writing is mentioned in the appointment letter. As you said, they will have to pay me till my last working day which they haven't done yet. Please guide. Thank you.
From India, Hyderabad
You can claim all you dues with them till the last working day of yours in the school.
So your salary till that period
The security deposit that they've with-held with themselves for whatever reason.
But do you have any proof of such amount been with them and not having paid you?
Did they give you any receipt or something against the security deposit you've given them?
If you do not have those bills, I am afraid it's difficult to prove that they've any dues towards you.
I mean if the legal person asks you for proof what would you bring on table?
Think about the situation in a calm manner and firstly gather all documents and then you can take aid.
From India, Mumbai
As proof can I submit my pay slips which show the deduction that amounts to the security deposit? I mean they deduct the first month’s salary in 2 installments every year.
From India, Hyderabad
Yes if in your salary slip they have deducted the said amount, you can show that as a proof that the said amount is pending with them and you are eligible to it when you leave the company.
Secondly, they may claim that they paid you same amount, but in order to claim that they too would need a reciept with your sign that declares that you've recieved the said amount.
I believe that since they've not paid you, they cant produce such receipt and hence can't claim the repayment of the deposit.
And as they said, and in ideal cases as well, deposits are usually repaid with F&F so even in ideal conditions, I believe there are bleak chances they can do anything to disapprove of your claims.
All the best.
From India, Mumbai
Your security deposit is a complex case that no one will be able to give you a clear answer without seeing the documents, evidence and the paper trail (no offence Ankita)
You will need to speak to a labour lawyer and take his help
As I suggested earlier, you can alsomgomand talk to the labour commissioner and see if he is willing to help.
Prima facie, the deduction of a part of salary as security deposit is illegal deduction under sec 6 and sec 7 of the payment of wages act. However, with a salary of 20,000 a month you will not be eligible under payment of wages act as the limit is rs. 18,000 per month. However, you can probably raise a dispute under industrial dispute act.
So, a lawyer needs to see all the relevant documents and the help decide how to get your money back. It may not be the quick way under labour court. For all you know, there may be a remedy with the charity commissioner.
From India, Mumbai
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