Teamgrouphr
Placement Consultancy
Sgondchar
Hr, Admin & Operations
Kishor_goswami
Advocate & Labour Law Consultants
Jayashreeg
Service

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Dear seniors,

I had resigned my organization on 27 March 2013 on immediate effect. Real fact is my AVP HR asked me to go home without given any reason was saying management decision. I had work for that company for more than 5 years as Sr.Executive- HR. I was handling Mumbai HR for that company. The company has taken over by another organization which are into cheat fund that then problem arises.

I was having 50 days leave balance. Anyhow 30 will be deducting as notice period.

They have not given any reply on my resignation. Now I am asking about my Gratuity, PF, Exp certificate and bonus which is part of salary. Even I have not received bonus for the F.Y2011-2012 and the salary for the month of March 2012.

When I have sent a mail regarding my dues then they gave me reply that you have to handover the things then only they will think about my dues. After my resignation there was one lady who join that organization in HR she left with 2 months. Now there is some new person appointed as Asst manager HR. After 5 months how they are asking me about handover and between that periods some person had join and left.

Pl guides me on this situation. At least I will receive my gratuity and PF and reliving letter.

I havenít done any fraud. I did my work honestly.

I need my money.

Thanks & Regards,

Jayashree

Dear Jayashree,
Greetings!!!
Being a HR person, you should be knowing this in advance. What made you go without proper handover and a written statement about you leaving the organization.
PF & Gratuity are your rights and no employer can withhold that. In case you do not get that, you can always go to the labor officer of your area, but that should be your last step.
In my opinion, you should write a mail to AVP HR ( if the person is still there) and mark a copy to CEO and the current HR officer. You should write that you are ready to do handover as per the company policy, tell them to have knowledge of procedure for same and explain in detail the circumstances under which you left the organization. Then follow them up couple of times because they will not be responding quickly. If this doesn't work , then send a registered letter with AD. Lastly, the legal route is always open.

Dear Jayashree,
Being HR person you should know how to go ahead with company. If they are not responding then you have labor officers to approach. You write to company management mentioning that you have not given any chance to handover the responsibilities and asked to leave on same day. So they cannot hold your salary and other dues as per the law.
You need to remind them couple of times but in your 2nd reminder you can menetion that if its not paid then you will going legally and may approach labor officer.
But make sure you are in a position to prove that you have been asked to leave on same day.
If you can do that then they have to pay your dues.
Regds
Sunil G

Jayshree,
PF & Gratuity are your rights and no employer can withhold that. In case you do not get that, you can always go to the labor officer of your area, but that should be your last step.
In my opinion, you should write a letler / legal notice AVP HR ( if the person is still there) and mark a copy to RPFC, (where Co.s PF account is there) describing about withheld of the PF
please be tension free that the legal route is always open for you to recover your PF benefits through other way.
for further query contact me -
Mob: 93243 38587

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