Employer Asked Me to Resign but Won't Settle Dues – What Should I Do Now?

Dear All, my employer has informed me verbally not to come from tomorrow and has also mentioned that if I resign from tomorrow, they will release all my dues soon. I followed their instructions, but now they are refusing to provide the full and final settlement. What should I do? Please help.

Hi Nilesh, don't worry. You'll get all your dues. I couldn't guess what could be the reason behind their refusal to give you your F&F settlement. I also don't know what your dues are. Can you provide details of the services you rendered with this firm and what type of legal entity this is, their operations, etc.? You have to prepare the necessary forms as per the applicable acts and submit them to your office with acknowledgment. After one month, you can follow up. If you are joining another firm where EPF is applicable, you may consider transferring the balance to the new employer.

Thank you for your response.

This is a facility management company, and I have worked there for 3.5 years. My 15 days' salary for February, 14 days' leave salary, and bonus for this year are pending.

I was working there as an HR Executive, and suddenly they were going to change my role to an Operations position, which I declined. Due to this, they informed me not to come from tomorrow.

To walk out on your employment at this time, when the employment market is very dull, seems hasty. Organizations are learning to cope with the pandemic; several roles are being changed, merged, and, in the worst cases, eliminated. If your organization has merged your role with Operations, is it necessary to react by leaving the job altogether? You can risk it if you are in a position to get a suitable job elsewhere.

As for your claim for F&F benefits, as the HR person, you would be in a position to calculate it and send a letter demanding its payment. They would most likely pay off and close the matter.

Hi Nilesh, while I endorse the views of KK!HR, I may add that if you have already secured another offer, that is a different issue. However, in my view, changing a job profile at this juncture is a blessing in disguise, offering an opportunity to learn new things and enhance your resume. Please consider continuing with your current job, perhaps until you receive a better offer or the position improves to your liking. The job market is currently very volatile due to the economic slump affecting all sectors, and for HR positions, there are numerous candidates competing for a limited number of openings. Please think twice before making a decision.

Full and Final Settlement of Employee Provident Fund (EPF)

If you decide to quit, regarding the Full and Final settlement of Employee Provident Fund (EPF), I would suggest not opting for settlement. If you happen to change jobs, you can transfer the balance to your new employer's account at any time. It is too early to consider encashment. For claims on leave encashment and bonuses, you may send a letter specifying the amount of the claim as mentioned above.

Thank you.

Try to visit your office and talk to the concerned superior before escalating the matter to the head of operations. Check out what is in store for you and whether you can discuss the nuances of the new role to satisfy you as HR. You never know; you may even feel okay after talking to the people who are in charge of the affairs.

As informed by one of our learned members, do not make hasty decisions, even if you do not like the change in designation, etc. Perhaps this is a temporary phase.

If, despite all of the above steps, you still feel that what you have done earlier is correct and would like to stick to the same, ask them about your dues and what needs to be done from your end. You may quit, but do it in a dignified manner, as far as possible, and go with your head held high. There is no point in trying to score brownies in the market.

Thanks and Regards

I have already left the job and joined another company. Now, I am inquiring about my full and final amount, but they are not providing it to me. They have not paid the full and final amount since 2016, and many employees are struggling to receive their dues. I want to help them in getting their full and final settlement.

Addressing Employer's Non-Payment of Dues

So, this is not due to the present exceptional circumstances, and the employer is habitual. Firstly, you need to stake a claim on what, according to you, are the dues payable to you. Prepare the details and send your notice to the employer. In case of no response, highlight the same in the media. If it is a company registered under the Company's Act, threaten them with proceedings against them before a judicial authority, etc. In normal cases, these should work. If nothing works, you can contact any lawyer practicing on the civil side and file a recovery suit.