If Employer Refuses To Sign No-dues Certificate What Option Is There?

paddyrice
My husband had given his resignation which was accepted and forwarded by his immediate superior to 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 no-dues certificate from the superior for fnf settlement.

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

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

My questions:

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

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

We are trying our best to exit gracefully, but if they refuse to sign no-dues certificate what other option is there?
nathrao
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 o/s as per your knowledge?
The delay in issuing NDC(No dues Certificate) is basically to hold employee on for few more days.
Leaving without NDC can result in delay in FNF.
So try a middle path-stay few more days but get clear exit which will be advantageous for your next job.
paddyrice
We too want a smooth exit. On writing an adieu letter to the HR, they have not written anything about continuing and have emailed to the HR concerned to go ahead with resignation formalities. So we take it, that we should go on the date as given in acceptance letter.
We do not owe anything, but we have to get our previous months salaries.
Are we paid if we work after acceptance of resignation and no written communication to continue?
The superior is not assigning any reason but verbally refusing to sign the NDC.
Handing over charge is also in the last stage.
We are confused as to what course of action to follow.
nathrao
What position do you occupy in this office?
Probably a physical visit to Regional Head office is called for.
Give them a written communication that ---- is my last date and you will not be working with the company any further,nor coming to office.
Work out your dues and ask them to remit it your bank a/c.
Be polite but firm.Dilatory tactics cannot stop an employee from changing his job.
Last resort you can consult a local lawyer well versed in such matters for advice on which you can proceed.
Finally no result then same lawyer can be hired for legal notices and other formalities.
Legal proceedings should the LAST LAST resort.
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