Thread Started by #truecaller

Dear Sir/Madam, I worked for a Mumbai based mid-size company for 2 years. As per the appointment letter issued (and agreed), both parties should give 3 months notice period. But when I submitted my resignation letter, I was asked to leave in 5 days. After my last working day, neither I received my relieving letter nor my pending dues ( Earn leaves + 15 days salary + 3 months notice period amount + gratuity deduced as part of CTC).

I have sent 15 reminders so far to HR. Every time when I write to them, they route it to CEO of the company and CEO responds rudely that "not to disturb for 2 years.. after 2 years if my mind changes, I will release your dues". Without relieving letter, I had lost two long-term onsite opportunities.

Need your guidance on how to get these issues resolved without having any negative impact on my career.

Thanks & Regards,
27th May 2014 From India, Kumar

First, all of company can be vaiew off the notice period & relieved you before said notice period on the ground of mutual understanding but, in this case, they can't eighther recover the notice period from you nor to paid notice period. but, they need to pay you the actual worked salary.

As we assume that, if they veiwed off you notice period & relieved you before agreed notice period, it means there should not be any problem in clearance of your F&F. so, relieving letter is based on your clearance of F&F & employment history.

2nd thing, as you worked only for 2 yrs, so, you are not eligible for gratuity, there many employees are missunderstand that, about their CTC, most of the company showing Gratuity contribution in their CTC, & employee feel that, it was deduction from their salary or CTC as like PF, so, they shall be eligible for gratuity. So, be cleare on this points.

3rd as i have mentioned above, you not eligible to get the notice period of 3 months too, as resignation given by you not as terminated by company, on the ground of your resignation, they just vewied off you notice period. so, not paid, no recovery.

Company is bound to settle you F&F, no any CEO or company ask to wait for 2yrs for settlement.

If you have any written document about your adjustment of your notice period, then you send the legal notice to settle your dues.
27th May 2014 From India, Mumbai
Kindly file a claim petition under Payment of Wages Act with the appropriate Authority.For more details see
Labor & Employee Relations - CiteHR Human Resource Management Community Knowledgebase.
27th May 2014
Dear, As i believe that, you are not working on woker or labour catagory, therefore, you can’t be consider under the payment of wages act. petition can be refuse...
27th May 2014 From India, Mumbai
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