Facing Job Uncertainty and Denied Leave: How Should I Handle Withheld Salary?

I have been working in a private IT firm since 9/7/2012, at a client's place. For the last two years, our team members have not received any salary hike. This year, on the 5th of February 2018, we all received an email from HR stating that due to project issues, our services will not be required after the 31st of March 2018. The company's notice period is two months as per the offer letter.

On the 26th of March 2018, I applied for emergency leave for six days due to my big brother's road accident. However, my manager rejected the leave. I also informed HR via email that I would not be available during this period. Additionally, I informed all client users that I would not be available during this time, and today is my last day at the client's place. I have discussed this situation with HR and my manager.

At the end of the month, they withheld my salary. Please advise on what steps I should take in this situation.

Dear Sahoo,

It is unfortunate to note that at the end of your tenure, you have faced this type of contingency. However, there are two issues regarding your case.

Termination Communication

HR communicated to you about the termination of your services as they did not have a project. However, in this case, HR was just a communicator, and the decision must have been taken at the highest level.

Leave Application Issue

The second important aspect of your case is the turning down (not rejection, please note) of your leave application by the manager. How were your relations with the manager? Were these strained? Otherwise, there was no reason to turn down the leave application when the subordinate's brother met with an accident. How far is your duty place from the location of the company? Are these far? Whatever the distance, you could have gone personally and met HR to obtain approval for leave from senior authorities.

Misconduct and Salary Withholding

Whatever the reason for the absence may be, if the absence is unauthorized, then it becomes misconduct. Nevertheless, no labor law permits withholding the employee's salary. Therefore, you may go personally and meet HR. Apologize and find out if they are helpful. If not, ask for a personal interview with the Director or MD.

Gratuity Eligibility

It is not just last month's salary, but you are eligible for gratuity as well. Therefore, you need to submit a form for gratuity.

Feedback on Post Quality

Lastly, feedback on the quality of your post: there is no structure to your post, and it is laden with grammatical and spelling mistakes. What is your plan to improve your English?

Thanks,
Dinesh Divekar

Dear Sir, thank you for your reply. I am currently working at the client's location in Bangalore while my company's head office is in Aurangabad. Therefore, I am unable to meet with HR in person. Additionally, a similar incident has occurred in my hometown in Odisha, making it very challenging to handle multiple situations simultaneously.

Before boarding, I handed over all official assets and documents to the Circle Head, which were physically verified by them. I had a minor disagreement with my manager and HR due to a rejected leave request. Furthermore, no basic payment was provided after my termination. What steps can I take in this situation? I struggle with English language proficiency and am currently undergoing spoken English training.

HR has been awkward in tackling your leave requirements. Leave requirement was for compassionate reasons and should not have been rejected. Withholding your pay goes against all principles of business dealings.

Write a polite letter to HR asking them to pay your F&F, gratuity, and to process your PF. If they fail to pay, consider sending a legal notice to the company.

Of course, any company will hold the salary when an employee resigns and release the same in FNF. You can wait or ask your HR how much amount or payable days will be paid in FNF to you.