However. Breach of any contract attracts Indian penal code..Approach with a lawyer notice instead of wasting time with labour dept...which is filled with uncommitted officials.
Company cannot unilaterally amend terms of employment.
You may have to approach Labour department with this problem.
Employers have been devising endless number of ways to safeguard their interest and transfer the onus on employees and block their relieving and payment of dues by making employees wait for legitimate dues.
Waiting for 180 days is absolutely not in order.
You may like to take following actions:
1 . Write a strong letter to your MD about the unjust and unilateral conditions put by HR in giving you relieving letter and F&F settlement.Demand the settlement of dues and relieving letter in the next 3 days or else you will be constrained to go
to press and take legal action at company's cost and consequences.
2 In the meantime simultaneously, explore the possibility of joining the new company by explaining the facts about inability to produce relieving letter for no fault of yours at this stage and assuring them to produce it when received later.
3. I believe, unless you react strongly, the company won't bend . I am only suggesting one of the ways unless you come across better options.
You need to decide which one is your priority i.e. to join the new job or instant settlement of F&F ?
Is your new employer ready to accept or give joining without the relieving letter ? If yes, you resume the job first, then go for a legal fight against the previous employer for not paying you the F&F. You can approach to Labour department if they can extend any help in this regard or any good lawer dealing the labour cases for this problem.
1. Timelines for the payment of Full n Final settlement is not part of terms and conditions of employment, however, since it's a moral and legal responsibility of they are under obligation to make the payment within reasonable time.
2. In case of an employee who has resigned it is nowhere defined in any law as to when and how fast the FnF payment has to be made. I personally know many renowned big companies do not bother to make the payment for 6/8/10/12 months. These companies do not bother about impact of such behaviour on its reputation. They are aware that there is a large scale unemployment so people are easily available.
3. First check with HR if you do not sign what are the consequences. If they say that they will not issue your RL, approach HR Head and if he is also of the same opinion, meet CEO and inform him about the case. If you get the solution then its win win. In case the matter is not sorted out as per your expectations then read below.
3. Here is what I thought you can do :-
a. Sign the document and collect your relieving letter.
b. Since you have not disclosed the industry you are working in, I am presuming that they do not
do background check, as the document you have signed does not have a legal sanctity, you can
withdraw that undertaking by sending a letter to them claiming that it was signed under threat
and coercion of holding back the RL. Get the letter drafted by some good advocate who handles
c. Please ensure that you get good background verification hence move accordingly.
May be was asking for sign in the Resignation form but not time period for FNF. Have you read properly.?
If it was as you said then you can reach your HR Head and settle your FNF. Reaching LO at the time of Joining New company is not recommended for u. Just you can reach them back again understand and request.
Speak to the Head of HR or his boss on the issue. Making sign a document which is altogether illogical/unacceptable is absurdity.
No where the final settlement takes that long,it can be maximum one month.
If things do not work at the Head HR's version give an email to the boss stating the facts.
Inform your present company for the delay and seek some time in providing the documents.