Resignation Notice Period Dilemma: How to Handle Conflicting Company Policies and Ensure Your Dues

Resignation Notice Period Conflict

I am currently working in a company where I resigned one month ago, providing them with a one-month notice period. I have not received acceptance of my resignation until my last working day. Upon requesting the same, the company is now asking for a 90-day notice period. In my appointment letter, there is no mention of a notice period, but the employee handbook on the company's website states a one-month notice period for my grade.

Now, I need to start at a new company tomorrow, and my current company is insisting on a 90-day notice period. I am unsure if my current company will pay me my dues (one month salary and PF) and grant me a relieving letter upon joining the new company. If not, what steps should I take to ensure I receive what is owed to me?

Legal Steps to Ensure Dues and PF Payment

You need not worry at all. You are under no legal obligation to continue there. If what you stated above is true, then you have done your part. If they do not pay your PF, you can easily complain to the PF Enforcement Officer. They are very vigilant and will quickly address your complaint. Also, if they do not pay your dues, meet with the labor inspector of your city and lodge a complaint under the Shops and Establishment Act of your state.

Conditions for PF Withdrawal Without Employer

Additionally, you do not need your employer for PF withdrawal if the following conditions are met:

1) UAN is linked to Aadhaar and Bank
2) KYC is updated and verified
3) File online Form 19

Visit us at Indian Labour Laws & Shram Suvidha Simplified.

Sir, you can join your new organization without any worry. For legal actions, only written communication is to be considered duly signed and stamped by the employee and employer. If there is no clause in your appointment letter regarding your 90-day notice period, you can leave as per the terms and conditions mentioned in your appointment. Apart from this, the employer cannot stop any payment related to PF. You can claim online through the EPFO site.

Joining a New Company and Settling Dues

You have all the rights to join the new company as per the terms mentioned in your offer letter regarding the notice period. To clear all dues, please gather all recent communications, attendance records from the last month, and other employment documents (such as resignation email, offer letter, and any letters showing your employment with the organization) to file a complaint with the labor department. Your employer will be required to settle all outstanding dues along with providing relieving letters.

There is no need to worry about PF withdrawal/transfer if your KYC is linked and approved.

Regards