Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
+1 Other

Dear Sir,
I have worked in an organisation (private) for more than 9 years. I started from very junior position and promoted up to very senior position in that organisation over 9 years.
Recently, I have resigned from that organisation by giving and serving a notice period of 30 days as mentioned in my appointment letter.
On the last day, my employer gave me an Outstanding due and final settlement letter mentioning my salary for 9 days and accrued leave amounting Rs. 75,000. The letter also says that after signing and receiving this amount, I cannot claim for any ESI, PF and Gratuity. I had to sign over it as I wanted the experience letter from him which he gave only after signing over it.
But finally, he has not given me even the said amount (75,000) of salary for 9 days and accrued leave. The employer is now asking about my new employment details which I don't want to share as it was nowhere mentioned in appointment or final settlement letter. Now, my question is that -
1) Can I claim for 75,000 without disclosing the new employment details?
2) Can I also claim for gratuity amount as I have already signed the final settlement letter?
Thanks for help
1) Did you receive your full & final settlement amount ?
2) What was your designation & Salary of your ex company?
1) No, I have not received full & final settlement amount. The employer is asking my new employment details before releasing the amount but I don't want to share this info.
2) I was Sr. Project Manager at the time of resignation. Salary was around 1.16 per month.
2) Salary was Rs. 1.16 lac per month...
Was your previous org engaging 10 or more all-inclusive employees? If yes then the act is applicable to it. Did you claim gratuity formally?
Yes, there are more than 20 employees.
No, I have asked for gratuity yet. It has been more than 45 days from my last day there.
So, it means I can still ask for gratuity even if I have signed a final settlement document which didn't include the gratuity amount?
Also, is this necessary to declare the new employment details at the time of resignation?
Thank you for help
Dear friend,
Whatever the reasons shown by you for your resignation, once it was accepted by your employer and you were relieved after serving the notice period as per the contract of employment, your employer has no right to stipulate any conditions for your F&F Settlement. Your acceptance of the illegal conditions forced upon you by your employer on the eve of your relief can not preclude you from claiming your legal dues by instituting appropriate legal proceedings.
You have to write formally to them, email is good enough about non-receipt of gratuity in F&F amount. Wait for 2-3 days for reply. If you don't receive any reply mildly inform them that you may be compelled to contact labour department for the same. Wait for 2-3 days. If you still receive no reply, approach government labour officer having jurisdiction for your earlier employer office area.
Even if you have not formally claimed gratuity, it was their bounden duty to include gratuity amount in F&F amount; without gratuity amount it was neither full nor final payment.
Sir, As regards PF, ESI & Gratuity etc, the legal position is clarified :
1. PF : PF coverage continues unless you remain unemployed for six months. Thereafter it can be claimed. Presuming that you were working in a PF non-exempt organisation and you are joining a new organisation, you have to fill up Form 11 to continue your PF.
2. ESI : Nothing is due to you under ESI, your coverage under the ESI Scheme till the expiry of the benefit period for which contribution has been paid by you. If you are still covered under ESI (Wages < Rs. 21,000 pm) and your new organisation is in ESI covered area, you will continue to be covered under the ESI Scheme.
3. Gratuity: It is the statutory liability of the employer to pay you gratuity within 30 days of your leaving the service failing which you are liable to be paid interest. It is not necessary that you have to apply for it . The Labour Officer of your area is Controlling Authority competent to hear the matter.
4. As regards leave encashment, if you were working in a factory, it is necessary to pay you leave wages within two days of your leaving service. This is so provided in the Factories Act 1948.
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