Saswatabanerjee
Partner - Risk Management
Kumaran Praveen
Hr-executive

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Hi all,
My previous company denied me fnf n relieving letter as I served 21days notice instead of 30.during notice period I requested that I will pay for rest of days but they denied n resignation not accepted,now its more than 60days I hv left, they served me legal notice n denied me fnf,relieving and my 1.5month salary, I complaint to asst commissioner labour gurgaon, dint get any solution, pls help me

Hi Buddy,
First I appreciate you for taking your complaint to Ass.Commissioner of labour.
According to the law, an employee can pay for the notice period in lieu of serving notice period hence there is no any fault on your part as you offered to pay the rest of your period it is your employer who did not accepted the same therefore it is unlawful that employer holding your F&F.
I suggest you to raise another complaint or follow up your earlier complaint to commissioner of labour through a formal letter stating the above points which you mentioned in your above post and send the copy of the letter to your employer too, surely labour commissioner act on your complaint and one more thing please follow up the complaint continuously.
With Regards
Mr.Thumbs Up

If you have not served notice period, then you are on a week base
It is not compulsory for the company to accept compensation for not serving notice period. It's their choice not your right.
Where you have left without completing the formality they are very much in their rights to deny relieving letter
They are also not required by law to give you settlement either. In any settlement they can deduct cost of your non-compliance
Considering that they have sent you a legal notice, and labour commissioner has refused to help, there is more to the story than you have told us.

Hi Mr banerjee,thanks for ur advice,but in my offer letter it is clearly written that either I hv to serve full notice or in lieu I hv to make payment now wt u advise many thanks to kumaran Parveen
We need to see the full appointment letter to make a proper judgement.
However, even if there is a provision for payment in liu of notice period, it needs to be accepted by the company. You can not just walk off. Have you done an proper handover ?

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