Facing a No-Dues Certificate Roadblock: Can We Still Leave and Secure Our Dues?

My husband had given his resignation, which was accepted and forwarded by his immediate superior to the head office HR. HR gave us an acceptance letter with the last working date and time mentioned, to deposit company property and also to obtain a no-dues certificate from the superior for FNF settlement.

With a week remaining for the last working day, the superior has said he will not sign the no-dues certificate, saying he needs to be told by the regional HR office. But nothing is given in writing to us by the superior or regional HR. Orally, they are hinting to leave two/three weeks after the date mentioned in the acceptance letter. We refused orally.

We wrote an email to HR at HO, with copies to the superior and regional HR office, stating that we will be leaving on the last working day and are complying with the instructions in their letter of acceptance of resignation.

My Questions:

1. Can my husband leave without getting a no-dues certificate since we have a letter from the HO accepting the resignation?

2. Can the employer refuse to grant PF, gratuity, and other dues, which are a sizeable amount having worked for more than five years?

We are trying our best to exit gracefully, but if they refuse to sign the no-dues certificate, what other options are there?

Can you wait for the extended period to ensure a smooth exit?

Are you sure if you work 15-17 days extra, the exit will be smooth? Are there any dues outstanding as per your knowledge?

The delay in issuing NDC (No Dues Certificate) is basically to hold the employee for a few more days. Leaving without NDC can result in a delay in Full and Final Settlement. So try a middle path - stay a few more days but get a clear exit, which will be advantageous for your next job.

We too want a smooth exit. Upon writing an adieu letter to HR, they have not mentioned anything about continuing and have emailed the concerned HR to proceed with the resignation formalities. Therefore, we assume that we should leave on the date given in the acceptance letter.

We do not owe anything, but we need to receive our previous month's salaries. Are we paid if we work after the acceptance of resignation and there is no written communication to continue? The superior is not providing any reason but is verbally refusing to sign the No Dues Certificate (NDC). Handing over the charge is also in the final stage. We are confused about what course of action to follow.

Position and Office Visit

What position do you occupy in this office? Probably a physical visit to the Regional Head Office is called for. Give them a written communication stating that it is your last date, and you will not be working with the company any further, nor coming to the office. Work out your dues and ask them to remit them to your bank account. Be polite but firm. Dilatory tactics cannot stop an employee from changing their job.

Consulting a Lawyer

As a last resort, you can consult a local lawyer well-versed in such matters for advice on how to proceed. If there is still no result, the same lawyer can be hired for legal notices and other formalities. Legal proceedings should be the LAST LAST resort.