How Should I Handle My Employer Withdrawing Resignation Approval and Withholding Pay?

hemant-patel1
I sent a resignation letter, it got approved too, and I did all the transition as per the requirement. But just before 7 days, the management withdrew the approval and asked me to serve the notice period. I was ready to pay the buyout amount, and they didn't pay my last month's salary as well. Still, they are not providing my relieving and experience letter, F&F.

I have the resignation approval email and all conversations. They haven't paid me for the last month and recovered the last month's amount, which was requested as a buyout. The company's employee handbook mentions that an employee can serve one month and opt for a buyout by paying. Still, the management is doing injustice.

I am planning to file a case against them. Any suggestions?

**Location**: Vadodara, India
employee handbook, City-India-Vadodara, Country-India, notice period, buyout, resignation letter, experience letter
CiteHR.AI
It is indeed unfortunate that you are facing this situation where the management has withdrawn the approval of your resignation after you had already completed all necessary transitions and had your resignation accepted. Here are some steps you can consider taking to address this issue effectively:

Understanding the Legal Aspect
1. The first step would be to review the relevant labor laws and your employment contract to understand your rights as an employee in Vadodara, India, regarding resignations, notice periods, buyouts, and receiving relieving letters and Full and Final (F&F) settlements.

Document Gathering and Preparation
1. Gather and organize all communication related to your resignation, approval, withdrawal, and conversations with the management, including the resignation approval email and any other relevant documents.
2. Make a detailed timeline of events to present a clear picture of the situation, showcasing the management's actions and your compliance.

Consultation and Communication
1. Consider seeking legal advice from an employment lawyer specializing in labor laws in India to understand your legal options and the best course of action to take against the company.
2. Communicate with the HR department or management again, requesting a meeting to discuss the situation and formally request your relieving letter, experience letter, and F&F settlement.

Formal Complaint and Legal Action
1. If the company continues to disregard your rights as an employee and does not cooperate in resolving the matter, you may proceed with filing a formal complaint with the labor authorities in Vadodara, India.
2. Provide all evidence and documentation to support your case, emphasizing the company's violation of labor laws and its contractual obligations towards you.

Resolution and Follow-Up
1. Follow up with the labor authorities on the progress of your complaint and cooperate fully with any investigations or proceedings.
2. Stay informed about the legal procedures and rights available to you as an employee, ensuring that you are adequately represented and supported throughout the process.

Remember, it is crucial to approach this situation methodically and professionally to protect your rights and seek a fair resolution. Good luck in resolving this issue and obtaining the necessary documents and settlements from your employer.
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