Non-settlement of F&F and Not issuing experience certificate

I worked as Senior Execute in one of the Corporates in Hyd. Following are the Resignation & Termination clauses in my appointment letter:

i. If you desire to resign from service after confirmation, you will be required to serve notice period of One (1) Month or one month basic pay in lieu thereof. However, the Company reserves the right to insist on you to serve the notice period either fully or partially.
ii. You are not eligible to avail any leave during notice period after submitting resignation. Any type of absence will be treated as Loss of Pay.
iii. After confirmation of your employment could be terminated by assigning a notice of one month from either side or one month basic pay in lieu thereof.
iv. In case you quit your employment or remain absent from duty without any notice before the expiry of the Notice Period, you shall not only forfeit your salary by way ofliquidated damages and the Company shall also be entitled to deduct or appropriate the amount of liquidated damages from or against any money found due to you by the Company on any account whatsoever.

I had submitted my resignation on 16.02.2022 stating I would serve one month notice period as per my employment terms and handover responsibilities. My reporting officer cum Business Head accepted resignation and asked me to leave in 3 days only although there was no issue between us. He mentioned the same on my resignation letter saying "Relieve him by 19.02.2022" (i.e. in 3 days). Accordingly I completed handover and No due formalities, submitted to HR and left the company on 19.02.2022. 9 days later HR sent email confirming my resignation is accepted and reliving date is 19.02.2022 and i shall pay 24 days notice pay amount. I had denied and conveyed that to reporting officer and commented to HR that it was not conveyed to me when handover and no dues were submitted, otherwise i would have served full notice period. It was reporting officer decision that I have to be relieved in 3 days and I respected that. No response from them. My reporting officer also sent mail to HR and requested to waive off my notice period and settle F&F. But HR is not listening and asking me to pay Notice pay amount as per caluse (i) above.

Kindly advise if they are entitled to demand notice pay amount as per above clause, in this particular case. How can i demand my F&F and experience letter from them? I had sent multiple reminders. What are the clauses and acts through which i can demand from them legally? They are sticking to same clause and asking for notice pay amount whenever i send reminder and explain to them that no mistake done by me. Can i write to labor commissioner legally?

Hi

Your Organization is not a professional one I think.

To relieve you in 3 days is their call even though you was ready to serve full notice period. Do you have any proof for your Reporting Officer recommendation that you can be relieved in 3 days? If so you should represent along with that proof to your HR. By the by on the day of last working day they are supposed to issue your FFS cheque or FFS commutation sheet. Why it didn't happened and on what assumption you got relieved without getting any assurance on FFS.

Looks it is more than year you got relieved. You were following up with them with a hope they will release? Have you contacted the Labour officer of your office juridiction?

You can represent and try.

You are not required to pay notice period buyout when the company relieved you on their own. In fact, they are legally obliged to pay you he notice period amount for the remaining 27 days.

You can try to take this up with the labour commission’s office and mostly they will help you. In alternate, send a legal notice to the company asking them to pay you and that their action amounts to harassment.

But remember that you need them to respond to your future BVG, so end this politely if possible. If they have a compliance office, you can approach him instead and explain to him since he will ultimately face the consequences as first line in any court or labour office action

I have the resignation copy signed by reporting officer in which it is clearly mentioned that i need to be relieved by 3 days. No dues copy and email follow ups are also available with me. I have written a letter 3 days back to Joint Commissioner of Labour (Company Jurisdiction) giving all evidence and sent email. Awaiting for response.

Can I demand 24 days amount from company and Compensation for wasting my time, efforts and mental anguish they caused for?

Hi

You need to wait see. Can demand for FFS along with intrest amount

I also would like to know if this case can be posted in social media platforms with evidence to threaten them? Kindly advise if the same can be done.

Can someone mention the clauses and acts through which i can demand F&F and service certificate legally from them? It will be very helpful.

Hi

Where ever possible visit the office of JCL by person. Most probably they may advise you to contact Labour Inspector Officer of concerned jurisdiction.