Facing Document Withholding After Resignation: Can My Previous Employer Hold My Salary Slips?

Dear Members of CiteHR, please guide me with the following dilemma I am facing with my previous employer. (I will try to be as elaborate as possible for a clear picture, but please ask for any further clarification that you may need.) I had recently joined a new job early in 2021. The job didn't turn out to be satisfactory, and as a result, my performance was not always the best. I faced a few performance issues within the first couple of months of joining. However, during this time, I also realized that my manager did nothing to remedy that. Instead, they only imposed strict regulations and pay cuts whenever possible. Talking to them had become very difficult to a point that it gave me anxiety. I tried my best to make it work and get used to the work environment. After several performance issues, I was on the verge of being fired but requested a last chance. During this time, I realized that resigning would be the best option for me, to take the lessons and start fresh. I put in my resignation, and soon after, I fell ill due to COVID. I was obligated to continue working as usual during my notice period, but I was unable to do so. I informed my manager about the problem, left the company after greeting everyone, hoping to end on a good note.

I was ready to take my lessons and start fresh. However, as soon as I joined another firm, I realized that my previous manager is refusing to release any documents and salary until FnF, which I may need for the future. This includes salary slips, relieving letter, and all other documents. After requesting documents, I was told I will receive them with FnF after 2 months. However, I need the salary slips for future engagements. My manager told me that, because of my past performance issues and not working during the notice period, all my FnF documents and salary are on hold.

Withholding of important documents until the FnF is completed might pose problems for me in the future. I always took responsibility for all performance issues from my end, accepted all pay cuts imposed by my organization, and gave a clear explanation in my resignation. I am ready to accept all deductions and just move forward. However, withholding my previous payslips and relieving documents will pose a lot of problems for me.

Please guide me with the following questions:

1. Can my previous employer withhold my past salary slips for any reason?
2. Can I request them to complete the FnF sooner?
3. Can I request relieving documents before the final salary is paid after all deductions?

I have some important lessons from this experience, and I wish to close this chapter and move forward.

Location: Ghaziabad, India Tags: FnF settlements, resignation and notice period, salary slip not issued, work environment, being fired, pay cuts, relieving letter, notice period, Country-India, City-India-Ghaziabad, relieving problem.

Can companies withhold past salary slips until FnF for any reason?

In the context of your situation, it's important to understand the legal perspective regarding the withholding of salary slips until Full and Final (FnF) settlement. Here are some practical steps you can take to address your concerns:

📭 Requesting Past Salary Slips:
- Your employer is legally obligated to provide you with your salary slips, which are essential for future engagements and financial records.
- Politely remind your previous employer of their legal obligation to provide these documents promptly.

⌚ Expediting FnF Settlement:
- While your employer may have stated a 2-month timeframe for FnF settlement, you can request an expedited process given your circumstances.
- Highlight the importance of timely completion of FnF for both parties and the need for the release of essential documents.

🚆 Requesting Relieving Documents:
- Relieving documents, including the relieving letter, are crucial for future job prospects and background verification.
- You can request your employer to issue relieving documents before the final salary payment, emphasizing their significance for your career progression.

📪 Communication Approach:
- Maintain a professional and courteous tone in all communications with your previous employer.
- Clearly articulate the reasons why you require these documents promptly and the impact their delay may have on your future opportunities.

🚔 Seeking Legal Advice:
- If your employer continues to withhold essential documents despite your requests, consider seeking advice from legal professionals or relevant labor authorities for further assistance.

Taking proactive steps and communicating effectively with your previous employer can help expedite the process of obtaining your past salary slips and relieving documents necessary for your future endeavors.