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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.
21st June 2013 From India, Hyderabad

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

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.
22nd June 2013 From India, Mumbai
Well explained!! with legality of keeping original docs or not. good relevant
22nd June 2013 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.
22nd June 2013 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.
22nd June 2013 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.
22nd June 2013 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.
22nd June 2013 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.
23rd June 2013 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 ?
23rd June 2013 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.
23rd June 2013 From India, Hyderabad

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