Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants

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I resigned from job because of medical issue & shared my reasons & conditions. However organization is withholding my last month salary in lieu of notice period not served. Also they are holding my security deposit and relieving & experience letter. I am not sure if they are going to cooperate in my PF withdrawal process. What can I do about them all - Last month's salary , security deposit , Experience letter & PF.
From India, Pune
Without Giving you reasonable Opportunity to defend your "alleged act of Misconduct", ad Holding a Proper Inquiry into the "allegation" and "your defence" thereto, No Employer can Legitimately and Lawfully Wthhold any Employee's Wages/Salary/Full & Final Settlement and exceptions occur when the Employer and or Employer's Agent,
Act Arbitrarily, Unfair, Improper and Unjust and Disregard the Sovereignty of our Motherland where We, the People of India, soemnlyl adopted and Embraced a Constitutional Fabric Expressing Ourselves, inter alia, REPUBLIC ( Rule of Law Shall Be Supreme).
Injustice Anywhere is Threat to Justice Everywhere. Pursue your Right to Subsist, Survive and Thrive. The Employer has Prerogative to Initiate DisciplinaryAction and Resort to Laws for recovery of Dues, if any.
Kritarth Team of Progressive & Enlighten Managers,
9 Dec 2018

From India, Delhi
Dear Ankush,
Notice of unilateral termination of the contract in the contract of employment is a condition to be strictly fulfilled by the employer and the employee concerned when either of them decides to do so. The logic behind such a contractual obligation is enabling the other in advance to seek for an alternative or compensate the affected party in case of breach, if any. However, waiver of this condition is a matter of discretion in so far as the employer is concerned whereas the employee can not be expected to exercise such a discretion in view of his statutory right to employment. This is the legal position.
Coming to your case, though admittedly you resigned forth with without serving the notice period or paying the notice salary, no mention about the extent of the notice period specified in the contract or the Service Regulations applicable. In case it is just one month, your employer could have with held your last month's salary towards adjustment. Still, they chose with holding the security deposit and the experience certificate indicates that the length of notice period should be more than one month. Besides, there is no mention about the medical issue or its seriousness warranting your immediate resignation and about the effort you made to convince the employer for waiver.
Better, try to make amends appropriately in view of your employment elsewhere.

From India, Salem
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