Frustrated with HR Silence After Leaving: Can I Take Legal Action for My Settlement?

I had quit the company after serving the notice period and received confirmation via email that I have been relieved. I also returned the company assets almost a month ago. However, the HR department is not answering calls or replying to messages. I just need to know if I can take legal action against them or if I need to wait for a certain period.

I worked in a managerial position at a plant owned by an MNC in Gurgaon for more than six years. The company, through internal restructuring, closed the position at all plants, and subsequently, certain managers were asked to leave within three months. I resigned from the company based on my offer letter, which stated that I needed to serve the notice period. However, my resignation was not accepted for more than 60 days, and my salary for the next two months was held by the company. I was not allowed to work in the plant and was politely told by the plant head and HR manager to stay at home.

I raised the issue with HR in Gurgaon as they advised the plant head to prevent me from coming to the office. They wanted me to change my resignation to the last day of the first month so that they could save on two months of salary. I went through a lot of humiliation and mental harassment due to the non-payment of salary and the lack of clarity on the acceptance of my resignation. After 60 days, my resignation was finally accepted, and I was instructed to submit the company laptop and ID card for full and final settlements.

After eight months of follow-up, I have received my overdue salaries. However, my Performance Linked Incentive (PLI) has not been paid by the company. They claim it is their prerogative and state that as per policy, an employee under notice cannot claim the same. Since my resignation was not voluntary but forced, and my salary was withheld for two subsequent months, I seek expert advice on how to claim the PLI, which is part of my 2015 salary even though I resigned in January 2016. The company typically pays the PLI by March 31st, and all hikes and new PLIs are applicable from January onwards.

Before I consider legal action, I need advice on how to proceed. It is my hard-earned money, and I am being unjustly deprived of it through no fault of my own. In standard severance situations, companies usually compensate, but in this case, it appears that the MNC, guided by their Indian HR experts, is trying to save money even if it means resorting to unethical practices. I seek your assistance in recovering my salary dues, which were part of my 2015 CTC.

Regards

Dear All,

First, contact your manager regarding the Full and Final (F & F) settlement. If there are any pending items from your department, HR will hold your settlement until they receive confirmation from your reporting manager. If you have any complaints about harassment, please file them in the Public Service (PS) system.

For plant workers, you can approach the union leaders for assistance.

Thank you.

Understanding Your Rights as a Manager or Workman

First, your designation is a manager. However, if you fall under the category of 'workman' as defined under the ID Act, then things would be easier. Regardless of whether you are a workman or not, you are entitled to your dues.

Steps to Claim Your Dues

You need to first claim such dues from the company in writing or through a legal notice. If it is not paid, then you can move to court and claim accordingly. It is advisable to consult a lawyer with all your documents so that important aspects, like whether you can come under the ID Act or not, are decided first.

Seeking Additional Help

You can definitely seek help from the union, but complaining to the police station may not be of much help in your case, I believe.

There is no way to go to the Labour Court as your designation or the nature of your job is not covered under the purview of "Workman" under the Industrial Disputes Act. It will be better to proceed with the matter under a Civil Suit.

Ghorpade R.J.

If the amount involved is meager, then it is not advisable to go legal. However, if it is a substantial amount and you believe that investing time and money to recover it is worthwhile, then pursuing legal action should be considered.