I worked for an MNC company for around 4.6 years. I have to serve a 3-month notice period. I have requested them to adjust my 45 days PL against 45 days, and the balance 45 days I will work for the company. They have calculated 45 days PL with the basic salary and confirmed that I have to work for the balance period. Then I agreed to work for one month and pay the balance amount as notice pay. In the same way, I completed my period, quit the company, and joined another company. I paid my notice period amount a few days after my resignation. Now, after four months since my resignation, they are still unable to provide me with my experience and relieving certificates. Suddenly, when I called them, they said I have to pay GST on the notice pay amount. I agreed to deduct the same from my bonus. Even after this, they are reluctant to release my certificates.
Experts, please clarify:
1. Can PLs be adjusted with encashment/days?
2. Can I go legally as they are harassing me?
3. Even after this much time, if they have not relieved me, can I legally fight for them to pay me the Gratuity?
As I am not against the company, but people are harassing me and not even providing basic information to ex-employees. Please advise and suggest what is the best course of action I can take?
From India
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Experts, please clarify:
1. Can PLs be adjusted with encashment/days?
2. Can I go legally as they are harassing me?
3. Even after this much time, if they have not relieved me, can I legally fight for them to pay me the Gratuity?
As I am not against the company, but people are harassing me and not even providing basic information to ex-employees. Please advise and suggest what is the best course of action I can take?
From India
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First and foremost, PL can't be adjusted in the notice period. However, you can take encashment against your balance PL.
You cannot go for legal grounds in this matter because when you had given the notice period and expressed your intent to serve the same, the receipt of that letter is itself proof of the same. No need to give or receive any other relieving letter. The date mentioned on the resignation, which you have specified, is your last working day in the company. So please don't worry and carry on with your new assignment.
From India, Mumbai
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19You cannot go for legal grounds in this matter because when you had given the notice period and expressed your intent to serve the same, the receipt of that letter is itself proof of the same. No need to give or receive any other relieving letter. The date mentioned on the resignation, which you have specified, is your last working day in the company. So please don't worry and carry on with your new assignment.
From India, Mumbai
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Notice of Employee Change.doc