Facing Threats Over Resignation: How Can I Secure My Gratuity and Benefits?

I have completed 5 years of service in a company. Now, I have a new job. When I submitted my resignation letter, my boss is not accepting it, and I am being threatened that if I leave, they won't settle my gratuity, PF, bonus, or EL.

For the past 5 years, they have not given me an appointment letter, nor have I made any commitment in writing. Kindly help me out of this situation.

Is your employer a private company and registered? Haven't you inquired about your appointment letter?

Understanding Employer Actions

What could be the reason for your boss to act against you after you have been working for 5 years? It is essential for us to understand why your employer has not provided you with an appointment letter and why you were working without inquiring about your "right to know" principles.

I am being threatened that if I leave, they won't settle my gratuity, PF, bonus, or EL.

Legal Provisions for Employee Rights

If the firm is registered, the provisions of the act always state that no employer has the right to withhold payment from employees, especially concerning gratuity, PF, and leave encashment (adjusted by the employer).

It's a private limited company and is registered. Every time I inquired about the letter, only one question was raised: "Are you leaving the job now?" When I answered NO, he would say, "In that case, we will see to it later."

Regards,

You may write a request letter to issue your backdated appointment order; you require it—it's your right! If they refuse to provide it, you may request them to explain the reason for refusing the document in writing.

There comes the HR and your boss into play; issue a copy to your boss as well. Keep reminding them. Your letter serves as proof of your follow-ups. If they do not respond within a week, you may go to the Labour Commissioner's office close to your employer's business area and file a complaint. See if any suggestions come through, as the conciliator may help resolve the issue meticulously before it's too late for your PF and gratuity filing.

Have some patience and encourage the management to act responsibly. I'm sure this way people in this company will become more functional with their responsibilities.

It is sad that a company is treating you shabbily. Please do let me know, did you get paid by cheque or cash? If your salary is recorded in the books of account (i.e., you have been paid by cheque or by direct transfer), it does not matter whether you have an appointment letter or not because your association with the organization can be proved.

Steps to Take if Resignation is Not Accepted

If the boss does not accept your letter of resignation, please send it by registered post A/D. That shall prove that you have resigned. You must serve out the full notice period. If no notice period has been fixed, normally it is 30 days. Just serve that.

What to Do if Dues are Not Cleared

If the company does not clear your dues, send them a notice through the appropriate authority designated in the act under which the company is registered. The company will have no choice but to clear your dues.

Regards,
Munshi