How Can I Retrieve My Salary and PF After Employer Blocks Payment Post-Notice Period?

Hi, after my resignation, my current employer blocked my salary for the previous month and did not accept my resignation. They told me to work for 3 more months after the notice period of 1 month, which is difficult for me as my future company is not ready to wait for 3 months. They are also not responding to my emails. I have completed one month of the notice period, and on the last day, I sent an email (I am working on a client location) but received no response from them.

They had blocked my salary for the month before the notice period as well. I did not receive any relieving letter, and I have not completed any relieving formalities since there has been no response from them, even on the last working day. Therefore, I stopped going to the office after the completion of the notice period. I am willing to forego the experience, which is only of a few months, but I am concerned about how to retrieve my money and PF amount.

Will the employer take any legal action against me since I stopped going to the office? Kindly let me know.

If you have fulfilled the provisions of the appointment letter regarding the notice period, you should approach the labor commissioner in your jurisdiction for redressal.

Addressing Concerns After Resignation

If you have complied with and fulfilled the terms and conditions of your appointment, meaning you have served the notice period as agreed upon in the appointment letter, you have nothing to worry about.

Secondly, your employer will not be able to hold back your dues as they need to close the record in the master. You will not remain active for long after being separated. Hence, wait.

Steps to Claim PF Dues

For your PF dues, you can fill in Form 19 and 10C (to be filled only if you have worked for a minimum period of 6 months with the previous employer).

After filling up the forms, visit your previous employers, obtain their signature with a stamp on the form, and submit it. If they deny endorsing the forms, you may visit the Regional PF Commissioner of the office where your previous employers were remitting dues of PF and Pension.

You will be required to make an application in writing, clearly stating that the previous employers are not authorizing the withdrawal of PF and Pension. This should be done only after 60 days from the date of relieving. A representation by you should be made to the previous employer and, if needed, to the RPFC.

Regards