Stuck Without a Relieving Letter and Salary: How Can I Resolve This Legal Mess?

Hi all,

My previous company denied me FNF and a relieving letter because I served a 21-day notice instead of the required 30 days. During the notice period, I offered to pay for the remaining days, but they refused and did not accept my resignation. It has now been over 60 days since I left, and they have served me a legal notice denying me FNF, relieving letter, and my 1.5-month salary. I lodged a complaint with the Assistant Commissioner of Labour in Gurgaon but did not receive any resolution. Please help me.

First, I appreciate you for taking your complaint to the Assistant Commissioner of Labour. According to the law, an employee can pay for the notice period in lieu of serving the notice period; hence, there is no fault on your part as you offered to pay for the remaining period. It is your employer who did not accept the same; therefore, it is unlawful for the employer to hold your F&F.

Steps to Resolve the Issue

I suggest you raise another complaint or follow up on your earlier complaint to the Commissioner of Labour through a formal letter stating the points mentioned in your previous post. Send a copy of the letter to your employer as well. Surely, the Labour Commissioner will act on your complaint. Additionally, please follow up on the complaint continuously.

Regards,
Mr. Thumbs Up

Notice Period and Company Policies

If you have not served the notice period, then you are on a week-to-week basis. It is not compulsory for the company to accept compensation for not serving the notice period. It's their choice, not your right.

Where you have left without completing the formality, they are very much within their rights to deny a relieving letter. They are also not required by law to give you a settlement either. In any settlement, they can deduct the cost of your non-compliance.

Considering that they have sent you a legal notice, and the labor commissioner has refused to help, there is more to the story than you have told us.

Hi Mr. Banerjee,

Thank you for your advice. However, in my offer letter, it is clearly written that I have to serve the full notice period or make a payment in lieu. What do you advise?

Many thanks,
Kumaran
Parveen

We need to see the full appointment letter to make a proper judgment. However, even if there is a provision for payment in lieu of notice period, it needs to be accepted by the company. You cannot just walk off. Have you done a proper handover?