Struggling with Notice Period and Final Settlement: How Can I Resolve My Salary and PF Issues?

I joined an O&M company in Sep'10 and after 2.3 years of service, on 26.11.'12, I submitted my resignation, clearly mentioning that my last working day would be 26.12.'12. As per company policy, the notice period is stated as follows: "On Confirmation of your services with our organization, two months' notice is required for resigning from the service. Out of these two months, one-month service is compulsorily required, and for the second month, you can opt for one month's salary in lieu of the notice period." (Company deducts GROSS SALARY). The company credits salary by the 15th of every month, and as I had resigned on the 26th, my salary for Nov'12 was held up.

Due to a family problem, I applied for leave—after getting consent from the Plant Manager—from 18/12/'12 to 22/12/'12. Due to unavoidable reasons, I couldn't join duty on 24/12/'12 (23rd was Sunday). Even though I returned on the evening of the 24th and informed the PM, as 25/12/'12 was a Christmas Holiday, I could only resume duty on 26.12.'12, which was my last working day. (i.e., I was absent from 23/12/'12 to 25/12/'12 for 3 days). My salary from 1/11/'12 to 26/12/'12 i.e., (56-3=53 days) is still not yet settled. On 26.12.'12, I obtained a NO DUES CERTIFICATE (as per company procedure) from all department in-charges, including HR and the Plant Manager, after surrendering my SIM card, ID card, used safety shoes, etc. I also sent the scanned copy of my resignation acceptance letter and Clearance Certificate to HR & Accounts Department at the Head Office through e-mail.

After frequent follow-ups with the HR team, they are saying that my F&FS is held up as I have not worked for one month and are asking me to pay another 9 days' salary (from 18/12/'12 to 26/12/'12). Now they are not transferring my PF amount to my new PF account (I submitted FORM 13 to the newly joined organization during Feb'13). Till now, my F&FS, relieving letter, Form 16 for filing returns, and PF account transfer form (Form 13) have not been cleared. Where and/or to whom should I complain about the Form 16 and PF Account Transfer delay? What I am arguing is that they can deduct 30 days' salary for the notice period and an extra 3 days' salary for which I was absent. I am asking them to pay 23 days (56-30-3=23 days) salary after deducting for the notice period. IS IT CORRECT?

Dear HR Personnel, please give your valuable suggestion for my F & FS

I joined an O&M company in Sep'10 and after 2.3 years of service, on 26.11.'12, I submitted my resignation and clearly mentioned that my last working day would be 26.12.'12. As per company policy, the notice period is stated as follows: "On Confirmation of your services with our organization, a two-month notice is required for resigning from the service. Out of these two months, one-month service is compulsorily required, and for the second month, you can opt for one month's salary in lieu of the notice period." (Company deducts GROSS SALARY). The company credits salary by the 15th of every month, and as I had resigned on the 26th, my salary for Nov'12 was held up.

Due to a family problem, I applied for leave, after getting consent from the Plant Manager, from 18/12/'12 to 22/12/'12. Due to unavoidable reasons, I couldn't join duty on 24/12/'12 (23rd was Sunday). Even though I returned on the evening of the 24th and informed the PM, as 25/12/'12 was a Christmas Holiday, I could resume duty on 26.12.'12, which was my last working day. (i.e., I was absent from 23/12/'12 to 25/12/'12 for 3 days). My salary from 1/11/'12 to 26/12/'13 i.e., (56-3=53 days) is still not yet settled. On 26.12.'12, I obtained a NO DUES CERTIFICATE (as per company procedure) from all department in-charges, including HR and the Plant Manager, after surrendering my SIM card, ID card, used safety shoes, etc. I also sent the scanned copy of my resignation acceptance letter and clearance certificate to the HR & Accounts Department at the head office through e-mail.

After frequent follow-ups with the HR team, they are saying that my F&FS is held up as I have not worked for 1 month and are asking me to pay another 9 days' salary (from 18/12/'12 to 26/12/'12). Now they are not transferring my PF amount to my new PF account (I submitted FORM 13 to the newly joined organization during Feb'13). Till now, my F&FS, relieving letter, Form 16 for filing returns, and PF account transfer form (Form 13) have not been cleared.

Where and/or to whom should I complain about the Form 16 and PF Account Transfer delay?

What I am arguing is that they can deduct 30 days' salary for the notice period and an extra 3 days' salary for which I was absent. i.e., I am asking them to pay 23 days (56-30-3=23 days) salary after deducting for the notice period. IS IT CORRECT?

Certain companies have a policy of not allowing leaves during the notice period. Since you have been on leave for a few days, that might be a reason for your dues being held up. As far as the relieving letter is concerned, it is given only after all dues and settlements are cleared. Please check with your previous employer if this is the case. Also, if the plant manager had sanctioned your leave and you have any proof of it, kindly provide it to the previous company's HR and explain that you went on leave because it was sanctioned, and you were unaware that leaves are not allowed during the notice period. This way, the plant manager who sanctioned your leave will also be held accountable, but you should have a written sanction from him.

Checking Company Policy on Notice Period

Most companies include a clause in their offer letters stating that the provision for paying one month's salary in lieu of not serving the one-month notice period is possible only if the company agrees to it. Therefore, you will need to check your appointment letter for this clause. If it is included, you will have to prove that you had received approval from the company to serve just one month's notice and pay one month's salary. If you did not have such an agreement from the company's side, then you may not be able to claim that your decision to serve one month's notice and pay for one month was according to your company policies. Hence, you could be at fault, and the holding back of your dues would be justified.

Please check the above points and take the necessary course of action.

Regards

Thank you, Sir - Mr. Bhuwan C. Arya from New Delhi and HR Guy from Mumbai, for your valuable suggestions.

Notice Period Policy
As per company policy, the notice period is stated as follows: "On confirmation of your services with our organization, two months' notice is required for resigning from the service. Out of these two months, one-month service is compulsorily required, and for the second month, you can opt for one month's salary in lieu of the notice period."

Actually, after submitting my resignation letter on 26.11.2012, I informed the Plant Manager that I would serve a notice period of one month. However, due to unavoidable reasons - a housing loan that I had applied for earlier was ready for sanctioning, and the bank manager was asking for some documents on the evening of 17.12.2012. I called my Plant Manager and, after explaining my situation, I went on leave. Upon returning and attending duty on 26.12.2012 (my last working day), I surrendered my SIM card, ID card, etc., and submitted my leave letter, which he received from me but did not sanction. My mistake was that I had not signed the attendance on my last working day (i.e., my attendance was marked up to 17.12.2012). Now, HR says that I have not worked for 9 days. Additionally, last week they sent an email stating that I have to pay for 9 days before they will provide my relieving letter and Form 16.

My query is—already my 56 days' pay is held up with them. Why should I pay them for 9 more days?

Actually, they are ignoring your leave application which you submitted. That's why I mentioned earlier, do you have a copy of the sanctioned application?

If not, then they are using this point against you and asking you to pay for those 9 days as well. You can go through these discussions: https://www.citehr.com/32702-notice-...nt-letter.html https://www.citehr.com/18200-differe...-employee.html. This will help you a lot.