Stuck Without Salary or Relieving Documents After Resigning: What Are My Options?

Hello, I was working in a private limited company in Sonepat for 2.5 years. In March 2017, I submitted my resignation to the company with a 4-day notice period. I agreed with the company that they could deduct one month's salary because I resigned with a 4-day notice period. However, the director clearly stated that they could not provide any money or relieving documents if I left without a 30-day notice period. He then refused to give me my remaining salary and relieving documents.

When I tried to call him, he did not answer my calls. What should I do? Where can I file a complaint? My company's headquarters are in Delhi, and I work in Sonepat.

Thank you.

Simply, you can do two things:

If your salary is less than 21,000, go to the area labour inspector and enforce the Payment of Wages Act. They will take prosecution action against your employer.

If your salary is more than 21,000 but you are not a manager, then go to the area labour inspector and file a complaint under the Shops and Establishment Act. They will proceed with prosecution against your employer.

Thirdly, if they have not paid your PF or ESI for the last month, go to the respective enforcement officer. You can also file a complaint under the Indian Penal Code for non-payment of PF and ESIC dues as criminal breach of trust.

Additionally, you can go to the labour courts or civil courts for the enforcement of the contract.

For more information, visit http://www.shramsamadhan.com/p/blog-page_16.html

You have not mentioned two very important points:

1. What was your role and designation?
2. Were you working in a factory, or was the place of work an office outside the factory premises?

Sir, my designation was Quality Engineer, and I was working in a factory. However, our head office is located in Delhi. So, where should I raise a complaint – in Sonepat or in Delhi?

Can I raise a complaint online and send a notice to my employer online without visiting the labor office?

What is the term related to the notice period in the appointment letter? The term enables you to surrender salary in lieu of the notice period; then you are legally correct. Have you mentioned in the resignation letter about deducting salary for the notice period? If not, send a new letter mentioning this, referring to your resignation letter.

What were your nature of duties? Were they supervisory or above? Then the management may object before the labor inspector as you will not be an employee as per the Industrial Disputes Act.

If your termination clause does not mention a notice period buyout, then you have no other option but to serve for 30 days as specified.

Notice Period and Consequences

Basically, you can do nothing. You were required to give a 30-day notice to the company. You refused to do that. The company warned you that they would not give you your money or a relieving letter if you did not complete your notice period. So you were well aware of the consequences.

You did not "agree with the company that they will deduct notice pay." You told them they could. But they basically said nothing doing; they don't accept your terms.

In fact, the company should be taking legal action against you for breach of contract.

Mr. Sanjay, irrespective of not giving the desired notice period, you have not made any big mistake; it's a small one and can be condoned. Every appointment order has an exit clause where it is mentioned that you should either serve the notice period for a certain number of days or pay in lieu of notice. The company can deduct the balance of the notice from your FnF.

Your employer is not behaving rationally. Please contact a good advocate who deals with service matters and send a legal notice to your employer to complete your full and final settlement within a reasonable time.

FnF settlements normally take 15 to 30 days and not more than this. Some employers deliberately delay as they think it is not a priority.