I joined an O&M company in Sep’10 and after 2.3 yrs of service, on 26.11.’12, I submitted my resignation and I have clearly mentioned that my last working day will be 26.12.’12. As per company policy, 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 salary in lieu of notice period." (Company deducts GROSS SALARY). Company credits salary by 15th of every month and as I had resigned on 26th, my salary for Nov’12 was held-up.
Due to family problem I applied leave - after getting consent from 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 back on 24th evening and informed PM also - as 25/12/’12 was 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 had obtained NO DUES CERTIFICATE (as per company procedure) from all department Incharges including HR and 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 Head office thro’ e-mail.
After frequent follow-up with HR team, they are saying that my F&FS is held-up as I have not worked for 1month and asking me to pay another 9 days salary(from 18/12/’12 to 26/12/’12). Now they are not transferring my PF amount also to my new PF account (I have submitted FORM 13 to newly joined organization during Feb’13). Till now my F&FS, Releiving letter, Form 16 for filing returns and PF account Transfer form (Form 13 ) not being cleared. Where and/or to whom should I complain for Form 16 and PF Account Transfer delay?What I am arguing is - they can deduct 30 days salary for Notice Period and 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 Notice Period.
IS IT CORRECT ?