Facing Job Transition Challenges: Can My Employer Withhold FNF and Gratuity?

Hi! I joined my current organization in January '22. Now, it has been one year and one month, and I am moving to my next job. I submitted my resignation on the 24th of January '23 with proper notice. They haven't accepted it yet and are now threatening to withhold my FNF, gratuity, and leave encashment, along with the relieving and experience letter.

My queries are:
1. Can they hold my FNF on the basis of not finding a replacement?
2. Can they delay it as I am relocating and need the money?
3. Am I entitled to gratuity as I have worked for 1 year and 1 month (our gratuity is paid to us by the end of the financial year)?

And most importantly, what should I do if they refuse to provide any of these, along with the relieving letter and experience letter?

Any help would be appreciated. Thanks!

Hi, If you are serving the proper notice period, your employer is supposed to pay you the full and final settlement with a proper relieving letter, and they can't hold it. You are not eligible for Gratuity as your total service period is less than 5 years. Eligibility for Gratuity is a continuous service period of 5 years.

You are not responsible for finding a replacement, and if you have served the notice period, the organization is bound to release you. They can only temporarily harass you by delaying your F&F. Therefore, I suggest you speak to the HR executive to find an amicable solution.

Hello, Please note that if you are serving the notice period as mentioned in the appointment letter, then the employer has no right to hold your F&F. The employer has to process your full and final settlement with a proper relieving letter.

Gratuity Eligibility
As per the applicable Gratuity Act, you are not eligible to receive gratuity benefits as your total service period is less than 5 years.

Please communicate with your HR regarding the same. If they decline to take action, you can refer to these responses.