How to Handle Company Claims and PF Issues After Leaving During Notice Period?

Dear all,

Kindly explain the process of serving notice, as I had submitted my resignation to the company before leaving. Unfortunately, I was unable to work during the notice period as I had taken leave. The company is now disputing this, and is also claiming money from me. Moreover, they have not yet processed my PF account settlement.

Please advise me on the next steps to take in this situation. Your guidance on how to proceed with the company's claims and the pending PF account settlement would be greatly appreciated.

Thank you.

If you have a notice period, then you have to serve it or pay in lieu thereof. So you are entitled to compensate the company, which they are most probably asking for.

Dear Pankaj,

Yes, your company is absolutely correct. As per the terms, if you avail even a single day's leave in the period of notice, then you will have to pay the payment in lieu of that leave. Since you have taken leave during the notice period, please pay the amount in lieu thereof as per the terms of your service agreement to be relieved amicably.

Thanks & Regards,

V. SHAKYA
HR & Labour, Corporate Laws Advisor

Notice Pay Policy and Leave During Notice Period

Every company has its own policy regarding notice pay. During the notice pay period, an employee is not supposed to avail any leave unless an emergency situation arises beyond their control. If you were absent due to illness or any other genuine reason, you should talk to your reporting head and HR personnel and submit a medical certificate. If the company is convinced, they may waive off the leave salary.

Provident Fund Dues

As far as your PF dues are concerned, no authority can withhold your provident fund dues, and in my opinion, the PF dues cannot be attached by the court of law either.

Please make an attempt to solve this issue amicably.

Fully agree with Suresh. While on notice period, one cannot avail leave, and in emergencies, such leave has to be compensated by paying the amount or extending the notice period until the leave period is covered. The company can ask for any dues, including the notice period buyout, as per your termination clause.

Regarding PF withdrawal, no company has the authority to hold back. You can withdraw online. You can also seek the help of any HR friend of yours.

Dear Pankaj,

They cannot hold your PF. All you need to do is send a Registered AD letter to the company stating that your PF is due and kindly requesting them to settle it at the earliest. Mention the following: "copy to Regional Provident Fund Commissioner" and "Copy to Commissioner of Labour". I hope this will solve your issue. If they still delay, take a copy of this letter to the PF Commissioner. He will then issue them a notice, and you will receive your PF. However, I believe the letter will suffice to address your concern.

Abhishek Gadkari