Riteshmaity
Labour Law Advocate
Suresh.puranik@speccorp.co.in
Back Office Operations
Angadkari33
Manager Hr
+1 Other

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Dear all, Kindly tell me about notice because I had given notice to company before leaving and could not work as I had taken leave so company is not considering. So kindly tell me how I will go ahead as they are claiming money at me so suggest what I have to do and they are not settling my pf account too
If you have notice period then you have to serve it or pay in lieu thereof. So you are entitled to compensate the company which they are asking most probably.
Dear Pankaj,
Yes your company is absolutely right. as per the terms if you avail even single day leave in the period of Notice then you will have to pay the payment in lieu even of one leave. since you have availed the leave in period of Notice Hence pay the amount in lieu thereof as per the terms of your service agreement to get relieved amicably.
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws Advisor

Every company has their own policy regarding the notice pay. During notice pay, an employee is not supposed to avail any leave unless some emergency situation has arised beyond your control. If you were absent due to illness or any other genuine reason, you should talk to your reporting head and HR personnel and submit the medical certificate. If the company is convinced, they may waive off the leave salary.
As far as your PF dues are concerned, no authority can withhold your provident fund dues and in my opinion, the pf dues cannot be attached by the court of law also.
Please make an attempt to solve this issue ammicably.

Fully agree with Suresh, while on notice period one cannot avail Leave and on emergencies such leave has to be compensated by paying the amount or extending the Notice Period till such leave period. The company can ask for the dues if any say even the Notice Period buyout as per your Termination Clause.
With regards to PF withdrawal no company has the authority to hold back, you can withdraw online. You can get help of any HR friend of yours

Dear Pankaj,
They cannot hold your PF all you need is to send a Registered AD letter to company that your PF is due and kindly settle it at earliest mentioning below "copy to Regional Provident Fund commissioner" and "Copy to Commissioner of labour", I hope this will solve your purpose, If then too they delay. Take the copy of this letter to Pf commissioner he will issue them a notice and you will get your PF, But I think the letter will solve your purpose.
Abhishek Gadkari

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