Struggling with Unpaid Salary and Handover Issues After Resignation: Need Advice on Next Steps

Resignation and Settlement Issues with Former Employer

I am a resident of Bengaluru and was working for a private limited company based in Pune as a sales manager. I resigned from the services on 26.12.18, and my resignation has been accepted. They have confirmed that from 7.1.2019, they are going to relieve me with immediate effect from the services and want me to hand over the company belongings and data.

They are holding onto my salary for 5 days in December with a reason for marking me absent despite me being at work. Also, they have not settled my travel bill for the months of November and December. I had written to them that the settlement and handover process will be on an exchange basis. Therefore, before I settle my payable salary of December along with the travel bill, and also receive the breakup details of the final settlement, I cannot comply with their request.

Company Policy and Settlement Delays

They have only specified that Full and Final Settlement is as per the company policy, but this policy has not been shared, nor is this information specified in the appointment order. Subsequently, there was a visit by the company personnel to Bangalore who verbally informed me that as per the company policy, after a formal handover, the relieving letter shall be given in about 10 days and the Full and Final Settlement in 45-50 days. Based on this, I agreed to hand over the company assets (laptop) the next day; however, they did not revert on that.

Handover Process and Health Concerns

Upon returning to Pune, they stated that since I did not cooperate in the handover process, I need to travel to Pune at my cost for the handover. Due to health-related issues, I informed them that traveling to Pune is not possible, and suggested handing over the laptop when any company personnel visit Bangalore. However, they are not agreeing to this. They are also denying to provide the PF and UAN Number, which have not been provided in the salary slip.

I would appreciate valuable suggestions from the honorable members to help me in my distress. Thank you.

Based on your situation, it is essential to address the non-payment of salary, unresolved travel bills, and the refusal to provide PF and UAN numbers promptly. Here are some practical steps you can take to resolve these issues:

Addressing Unpaid Salary and Travel Bill:

- First, reiterate your request for the settlement of your December salary, travel bills for November and December, and the breakdown of the final settlement in writing to the HR or relevant department.
- Clearly outline that you are willing to hand over the company laptop as per their request but expect the salary and travel bills to be settled first as per your agreement.
- Emphasize the importance of receiving the pending payments and details before completing the handover process.

PF and UAN Number Dispute:

- Highlight the necessity of providing the PF and UAN numbers for your records and compliance with labor laws.
- Request these details in writing, citing that it is your right as an employee to have access to this information for future benefits and tax purposes.

Handling Handover Process:

- Express your willingness to hand over the laptop when a company representative visits Bangalore due to your health constraints and the inability to travel to Pune.
- Propose a suitable date and time for the handover in Bangalore, ensuring that you fulfill your obligations despite the challenges.

Legal Recourse and Support:

- If the company continues to delay or deny your rightful payments and information, consider seeking legal advice from a labor lawyer or the labor department in your jurisdiction.
- Document all communications, agreements, and refusals from the company to support your case if legal intervention becomes necessary.

By following these steps and maintaining clear communication with the company, you can work towards resolving the outstanding issues regarding your unpaid salary, travel bills, and the provision of essential employment details.