I was working with a bank and served for 10.5 years there. However, my boss and HR conspired to terminate me, locked my ID to prevent me from resigning, and issued a termination letter. In the full and final settlement, they only paid 23 days' salary for the last month served. The leave encashment of 45 days' salary, as per company policy, was not paid, and the 3 months' salary, as mentioned in the appointment letter in case of termination from the employer's end, was also not paid. I humbly request guidance on how to claim my 3 months' salary and leave encashment.
From India, New Delhi
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From India, New Delhi
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Understanding Employment Termination and Unpaid Benefits
For obvious reasons, the poster is more interested in the unpaid benefits rather than challenging his apparently illegal termination. That apart, his post is also silent about the capacity of the poster's job—whether a workman like that of sub-staff, clerk, cashier, or accountant, or of supervisory or managerial like that of an officer, assistant manager, etc.
Therefore, if he belongs to the workman category, he can raise a dispute before the Labor Officer under Section 2-A(1) of the ID Act, 1947, primarily against his termination, thereby seeking reinstatement with back wages and continuity of service. During the course of conciliation, he can go in for a negotiated settlement with just 3 months' salary and full leave encashment.
In the case of himself being a supervisor or manager, he can file a civil suit against the termination in breach of the contract of employment and claim damages, which should include all the two unpaid items.
From India, Salem
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6108For obvious reasons, the poster is more interested in the unpaid benefits rather than challenging his apparently illegal termination. That apart, his post is also silent about the capacity of the poster's job—whether a workman like that of sub-staff, clerk, cashier, or accountant, or of supervisory or managerial like that of an officer, assistant manager, etc.
Therefore, if he belongs to the workman category, he can raise a dispute before the Labor Officer under Section 2-A(1) of the ID Act, 1947, primarily against his termination, thereby seeking reinstatement with back wages and continuity of service. During the course of conciliation, he can go in for a negotiated settlement with just 3 months' salary and full leave encashment.
In the case of himself being a supervisor or manager, he can file a civil suit against the termination in breach of the contract of employment and claim damages, which should include all the two unpaid items.
From India, Salem
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Termination and Notice Period Concerns
The termination of employees from their jobs or reduction in wages in this scenario would further deepen the crisis and not only weaken the financial condition of the employee but also hamper their morale. As per my appointment letter, a 3-month notice period is necessary on either side for the termination of employment. Now, I have got a new job, and the new company is allowing me to serve a notice period of only 45 days. Kindly help me to understand the following points in this context:
1. Can my employer hold my last month's salary and Full & Final Settlement? I have already asked them to recover the balance notice period from my leave encashment; the amount of leave encashment is higher than the recovery amount.
2. Can my employer hold the Relieving Letter?
3. Can I take any legal action if the above-mentioned two things are held?
4. Can my employer take any legal action against me for not serving the full notice period?
5. Can my current employer take any legal action against my new employer for hiring me since they have not issued any Relieving Letter? Please note my current employer doesn't require any Relieving Letter from my present employer; an undertaking will be sufficient for them.
[URL] https://rplg.co/3eea2fd0
From India, Bengaluru
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The termination of employees from their jobs or reduction in wages in this scenario would further deepen the crisis and not only weaken the financial condition of the employee but also hamper their morale. As per my appointment letter, a 3-month notice period is necessary on either side for the termination of employment. Now, I have got a new job, and the new company is allowing me to serve a notice period of only 45 days. Kindly help me to understand the following points in this context:
1. Can my employer hold my last month's salary and Full & Final Settlement? I have already asked them to recover the balance notice period from my leave encashment; the amount of leave encashment is higher than the recovery amount.
2. Can my employer hold the Relieving Letter?
3. Can I take any legal action if the above-mentioned two things are held?
4. Can my employer take any legal action against me for not serving the full notice period?
5. Can my current employer take any legal action against my new employer for hiring me since they have not issued any Relieving Letter? Please note my current employer doesn't require any Relieving Letter from my present employer; an undertaking will be sufficient for them.
[URL] https://rplg.co/3eea2fd0
From India, Bengaluru
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It seems your later posting is without seeing Umakathan Sir's post above. Your queries are answered seriatim below:
1. Your previous employer is wrong and is liable for denying you the rightful benefits.
2. There is no law necessitating the issuance of a Relieving Order. If compelled, they would issue an order which you would not like to show outside.
3. You can very well, but the nature would depend on the answer to the query posed by Umakanthan Sir.
4. There is no legal action that could lie against you.
5. No
From India, Mumbai
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1. Your previous employer is wrong and is liable for denying you the rightful benefits.
2. There is no law necessitating the issuance of a Relieving Order. If compelled, they would issue an order which you would not like to show outside.
3. You can very well, but the nature would depend on the answer to the query posed by Umakanthan Sir.
4. There is no legal action that could lie against you.
5. No
From India, Mumbai
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PF Contribution on Leave Encashment - Clarification by EPFO.pdf
SC -PF judgment on No PF on Leave encashment.doc
EPFO Circular Leave Encashment.jpg