HI! I joined my current organisation on jan'22. now it has been one year and one month and I am moving to my next job. I had given resignation on 24th jan'23 with proper notice. they haven't accept it yet and are now threatening to not give my FNF along with gratuity and leave encashment with relieving and experience letter.

my queries are:
1: Can they hold my FNF on the basis of not giving the replacement?
2: Can they delay it as I am relocating and I need money!
3: Am I entitled for gratuity also as I have worked 1yr 1 month (our gratuity is paid to us by the end of financial year)?

and most important what to do if they refuse to give any of these along with relieving letter and experience letter).

any help would be appreciated. thanks!!!

From India, Ghaziabad
Sr.manager - Hr&admin
Labour Laws & Ir.
Agarwal BD
Hr Head



If you are serving proper notice period , your employer is supposed to pay you the full and final settlement with proper relieving letter and they can't hold it. You are not eligible for Gratuity as your total service period is less than 5 years. Eligibility for Gratuity is continuous service period of 5 years.

From India, Madras
Thanks a lot with such a quick response.
From India, Ghaziabad
Agarwal BD

You are not responsible for finding a replacement, and if you have served the notice period the organization is bound to release you.

They can only temporarily harass you by delaying your F&F. Therefore, I suggest you speak to the HR executive to find an amicable solution.

From India, Kolkata

Pls note that if you are serving notice period as mentioned in Appointment letter, Then Employer has no right to hold your f&f, employer have to process your full and final settlement with proper relieving letter.
As per apllicable gratuity act- You are not eligible to take Gratuity benefit as your total service period is less than 5 years.
Communicate with your HR regarding the same. if they decline to do something you can show these responses.

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