Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy

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Anonymous
I was working with a bank & served for 10.5 yrs over there, however my boss & HR did joint conspiracy to terminate me & locked my id so that I was not able to resign & was issued termination letter. In full & final settlement they had only paid 23 days salary of last served month. Leave encashment of 45 days salary as per company policy was NOT PAID & 3 months salary was also NOT PAID as mentioned in the appointment letter in case of termination from employer's end. Humble request to kindly guide how to claim my 3 months salary & leave encashment
From India, New Delhi
For obvious reasons the poster is more interested in the unpaid benefits rather than challenging his apparently illegal termination .That apart, his post is also silent about the capacity of the poster's job - whether a workman like that of sub-staff, clerk,cashier or accountant OR of supervisory or managerial like that of officer, assistant manager etc.
Therefore, if he belongs to workman category, he can raise a dispute before the Labor Officer u/s 2-A(1) of the ID Act,1947 primarily against his termination thereby seeking reinstatement with back wages and continuity of service. During the course of conciliation, he can go in for a negotiated settlement with just 3 months salary and full leave encashment.
In case of himself being a supervisor or manager, he can file a Civil Suit against the termination in breach of the contract of employment and claim damages which should include all the two unpaid items.

From India, Salem
The termination of employees from the job or reduction in wages in this scenario would further deepen the crises and will not only weaken the financial condition of the employee but also hamper their morale.s per my Appointment Letter 3 months' Notice Period is necessary on either side for termination of employment, now I have got a new job and the new company is allowing me to serve notice period for 45 days only. Kindly help me to know the below mentioned points in this context:
1. Can my employer hold my last month's salary and Full & Final Settlement? I have already asked them to recover the balance notice period from my leave encashment, amount of leave encashment is higher than the recovery amount.
2. Can my employer hold the Relieving Letter?
3. Can i take any legal action if the above mentioned two things are held?
4. Can my employer take any legal action against me for not serving full notice period?
5. Can my current employer take any legal action against my new employer for hiring me since they have not issued any Relieving Letter. Please note my current employer doesn't require any Relieving Letter from my present employer, an undertaking will be sufficient for them.
https://rplg.co/3eea2fd0

From India, Bengaluru
It seems, your later posting is without seeing Umakathan Sir's post above. Your queries are answered at seriatim below:
1. Your previous employer is wrong and is liable for denying you the rightful benefits
2. There is no law necessitating issue of Relieving Order, if compelled they would issue an order which you would not like to show outside.
3. You can very well but the nature would depend on answer to the query posed by Umakanthan Sir
4. There no legal action that could lie against you.
5. No

From India, Mumbai
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