Complaint against company - no relieving or balance because I let in 4 days - CiteHR
Saswatabanerjee
Partner - Risk Management
Bharat Gera
Principal Hr Consultant
Anindyahcc
Service
+2 Others

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Hello sir,
I was working in a pvt ltd company in sonepat from 2.5 year. In march 2017 i give my resignation to company with 4 days notice period , i agreed with this company that they can cut my one month salary bcoz i resigned with 4 day notice period.
But director clearly said that we can not give any money or relieve if you go without 30 days notice period. Then he clearly deny to give my balance money and relieving.
However when i call him, he does not pick my call,
What i do? Where i raise complaint? My company HO in delhi - and I work in sonepat .

Simply you can do two things :-
If your salary is less then 21000, go to area labour inspector and enforce payment of wages act, they will take prosecution action against your employer.
If your salary is more then 21000, but you are not a manager, then go to area labour inspector and file a complaint under shops and establishment act. They will do prosecution against your employer.
Thirdly if they have not paid your PF or ESI for last month then go to respective enforcement officer. Also you can file a complaint under IPC for not payment of PF and ESIC dues as criminal breach of trust.
Also you can go to labour courts or civil courts for enforcement of contract.
See Things To Remember While Drafting A Valid Employment Contract

You have not mentioned two very important points; 1. What was your role & designation? 2. You were working in a factory or the place of work was an office outside factory premises.
Sir. My designation was engineer quality, and i was working in factory , but our head office is in delhi , So where i have to raise complaint in sonepat or in delhi.
Can i raise complaint online and send notice to employer online without visiting labour office
What is term related to notice period in appointment letter? The term enables you to surrender salary in lieu of notice period, then you are legally correct. Have you mentioned in resignation letter about deducting salary for notice period? if not send new letter mentioning this referring to your resignation letter.
What was your nature of duties? Was it supervisory or above? Then the management may object before labour inspector as you will not be employee as per the Industrial Disputes Act.

If your termination clause does not speaks about notice period buyout then you have no other option then to serve for 30 days as mentioned.
Basically, you can do nothing.
You were required to give a 30 days notice to the company. You refused to do that. The company warned you that they will not give you your money or a relieving letter if you do not complete your notice period. So you were well aware of the consequences.
You did not "agree with the company that they will deduct notice pay". You to.d them they could. But they basically said nothing doing we don't accept your terms.
In fact the company should be taking legal action against you for breach of contract

Mr Sanjay,
Irrespective of your not giving desired notice period you have not done any big mistake its a small one and can be condoned. Every appointment order has exit clause where it is mentioned that either serve notice period for so many days or pay in lieu of notice. Company can deduct balance of notice from your FnF.
Your employer is not behaving rationally, please contact some good advocate who deals in service matter and send a legal notice to your employer for completing your full & final settlement within a reasonable time.
FnF settlements normally takes 15/30 days and not more than this. Some employers deliberately delay as they think that it is not a priority.

Dear Mr Sanjay,
You have worked in the organisation for a long period. I donot feel the organisation is so bad. If it was so bad you could not serve there for such a long time. We have not heard the other side. But since you were in a QC dept which i feel very important dept in a organisation. So before leaving you should had developed someone of your sub ordinate and would have told the management that this is the man whom i had developed and after my exit this man will take care of all my responsibilities and the company will not effect due to my exit. I feel this would have been a better way to exit rather than telling the management suddenly here is my resignation and from tommorrow i will not come.
Regards
AC

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