You send the mail to HR & concerned people to clear your relieving formalities. As you have the proper reason for not continuing the job nobody can force you to continue the job. Have you signed any contract?
As per any labour rules the notice period is for one month only. They have no rights to hold 3 months salary.
Even after they are not responding the mails and relieving you and settling the dues you shall approach the labour inspector of that particular ward. he will help you to get back the relieving documents and the final settlement amount.
Regarding PF you need not to bother. You can any how claim even if the employer is not processing.
23rd June 2014 From India, Bangalore
Thanks a lot for valuable response!!!!!!!
I am planning to apply PF process directly to EPFO office Bangalore with all the valid documents like Bank officer attestation, offer letter pay slips and relieving letter. I will drop a mail to PF commissioner explaining the current scenario of this issue.
I have sent 'n' no of mails to the HR for FNF settlement, but no response from their end.Coming to my offer letter, I didn't signed any bond in it. As per company policy, employee was on probation period was first 6 months and becomes permanent employee for completion of period. I worked for 9 months in this company without any leave and Notice period is 1month.
12 th Rule from offer letter:
a)Notwithstanding anything to any contrary contained herein, the company shall be entitled to terminate the employment, without the necessity of showing any cause, by giving the advance notice of thirty(30) days or by paying salary in lieu of such notice. Likewise, employee shall also be eligible to resign from the service of company by giving the notice of 90 days.
b)Provided that in the event of an employee resigning from the service of the company, the company shall have the right and privilege to relieve the concerned employee its services immediately or at any time during the period of notice without any obligation for payment of any salary beyond the date of his /her actual release from its services.
Can I go forward to the labour inspector for this issue. Will it cause any remark on me. Could you please suggest on this..
Appreciate your help!!!!!!!!!!
24th June 2014 From India, Chennai
That is the reason I am asking you to consult the HR of the organisation. If at all you approach the Labour Inspector then later if there is any background check they might give the negative feed back on you. If you are not bothered about the negative feed back then you will have no any issues.
Can you please tell where the company is located. Why can't you approach the HR of the company in person and discuss the same and explain.
12th Rule from offer letter
No where the 90 days notice period will stand in front of any court or labour department. You can even claim the salary for 2 more months.
Any information you shall reach me
24th June 2014 From India, Bangalore
Thanks for your prompt response!!!!!!!!!
I really feel good now after your clarification.
Company is located in Bangalore near old Airport road.I had consulted the HR person once during the exit formalities. He has asked either to rejoin the company for the same package (or) to complete the formalities of resignation. I am really tired of this company & had no interest in joining the company back. So, I resigned it and HR has assured to settle the amount in 2 months and it never happened till now. He has wasted my precious time for 3 months( also lost permanent job offer in Level 5 MNC due to pending relieving letter at that time) and replied back to pay an amount of 45 days Notice period as loss to the company for further PF processing. I don't want to meet him face to face for any heated discussion as it is of no use.
I have two options now:
1) I had attended the interviews in Bangalore and waiting for offer letter confirmation. I have to join any company and wait for 1month for completion of background process and then report a complaint to labour inspector.
2) I would like to report to the Labour inspector right away as I bear to much pain in terms of financial loss and also mentally. I have all medical certificates for career gap in employment. Health problem is a genuine one in everyone's life and lost career due to drug reaction. It can be explained positively to the new company HR.
Please suggest your valuable thoughts on this!!!!!!
24th June 2014 From India, Chennai