I am currently working in a company wherein I have resigned one month back serving them one month notice period. I have'nt been given acceptance of resignation till last working day. Upon asking for the same the company is asking for 90 days notice period. I have gone through my appointment letter where in terms of desperation are not mentioned but the employee handbook available on company's site has mentioned one month notice period on my grade.
Now I have to join new company after one day and my current company is forcing me to give notice period of 90 days.
I am confused whether if I join new company will my current company pay my dues (one month salary and PF) and provide relieving to me or not and if not what are the measures I should take to get the same.
28th October 2016 From India, Nagpur
Sir, you need to not worry a bit. You are under no legal bounds to continue there. If what you stated above if true then you have done your part. If they do not pay your PF then you can easily complain tho the PF Enforcement Officer, they are very vigil and quickly take your complain. Also if they do not pay your dues then meet with the labour inspector of your city and lodge a complain under shops and establishment act of your state. Also if the following are there you do not need your employer for PF withdrawal :-
1) UAN is linked to Aadhar and Bank
2) KYC is updated and verified
3) File online form19
Viist us at Indian Labour Laws & Shram Suvidha Simplified
28th October 2016 From India, Kolkata
Sir, you can join your new organization without any worry. And for the legal actions only written communication is to be consider duly singed & stamp of employee & employer. if there is no any clouse in your appointment letter regarding your 90 days notice period, you can left as per the terms & conditions mentioned in your appointment. Apart from this employer can not stop any payment related to PF. You can claim online through EPFO site.
28th October 2016 From India, Vadodara
Hello Sir, You have all the rights to join the new company as per your offer letter terms mentioned on notice period. For all the dues to get it cleared, Pls have all the recent communications, Attendance for last month and other employment letters(Resignation mail, Offer letter, Letter/Document showing you as an employee of that organization etc....) to lodge a complaint in labor department. Your employer will have to clear all your dues with the relieving letters.
No need to worry on PF withdrawal/transfer, if the KYC is linked and approved.
29th October 2016 From India, Bangalore
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