Hi, I need urgent guidance, please. My spouse is an architect and was working with a company in Gurgaon, Haryana. Due to harassment by his reporting boss, he left the organization within 8 months of service, i.e., 255 workdays. At the time of the interview, he was selected for the Gurgaon location, but on the day of joining, he was asked to go onsite for 3-4 months, which later got extended to 7.5 months. During this period, he was not allowed to take any leaves. The company did not provide him with any travel allowance or transfer of location benefits. After 7 months, when he asked for leave, his manager started abusing him and denied the request. After continuous follow-up, they booked a train ticket for him (as per his entitlement) to travel from Assam to Delhi, but they did not provide any formal written approval for the leave. According to his leave request, he was on leave for 22 days (including holidays and weekly offs). When he returned to the office in Gurgaon, he was not offered any job and was left sitting idle in the reception area of the company. He raised a complaint with the HR department, but upon receiving no response, he decided to resign from the company and search for another job. He resigned on the 3rd day of his joining (post leave) and was willing to serve the notice period. However, after 2 days of his resignation, the company asked him not to come to the office as his resignation was accepted, and he did not need to complete the remaining 27 days as required by the contract. So, he stopped going to the office and began looking for another job.
Even after regular follow-ups, the company did not clear his dues for almost a year. As a result, he sent a legal notice to the company for the clearance of dues. Finally, the company replied to his mail with a full and final settlement, along with a scanned copy of a cheque and a draft of an acceptance letter for him to sign and send back. The calculation was almost half of what he was supposed to receive. Consequently, he requested a detailed statement of the calculation, to which they only provided a salary statement (considering 13 out of 16 total paydays) with an additional column for reimbursable expenses.
Leaves, notice period, reimbursement details, deductions, and allowances as per policy were not covered in the settlement. He sought clarification on various points, as enclosed below, along with the responses received from the company.
Question 1: Earned leaves for 255 Days of association with the company
Answer: As per the terms and conditions of your employment, earned leave is admissible upon completing one year of service with the company. You voluntarily resigned before completing one year and are therefore not eligible. Doubt: According to the Haryana S&A Act section 14, after 20 days of work with the company, one earned leave is allowed. Does the company policy supersede the law?
Question 2: Rs1700/- which was retained from my monthly salary and was supposed to be disbursed after one year
Answer: According to the terms of your appointment letter, the retention amount will be paid upon completing one year of service. Since you resigned before completing one year, you are not entitled to the retention pay. Doubt: Can an employer, as a permanent employee of the company, withhold any amount from the salary without disclosing it in the salary slip? Does it become non-claimable even if it is part of the CTC? Is there any provision for retention money in the law?
Question 3: Details of reimbursements given to me under Transfer of location / Travel allowance policy of Voyants
Answer: These details have already been settled and accounted for in your full and final statement, as per the bills submitted by you. Doubt: Can a company deny sharing detailed information? Can a company refuse to pay travel allowance and DA as per the travel policy under the pretext of transfer and simultaneously deny payment for transfer of location benefits?
Question 4: Leave deductions / unpaid leaves statement, as per my July salary slip, I had 10 CL and 10 SL balance in my account
Answer: You have been given 12 paid leaves as per your entitlement. Doubt: Can a company change leave entitlements without any notice to the employee at its discretion and alter approved leaves to unpaid leaves?
Question 5: Payout against the notice period as I was asked to stop serving the notice period even though I was willingly doing so.
Answer: No reply. Doubt: In the above condition, can a company deny the one-month notice period as applicable as per the agreement?
Your guidance in this matter would be greatly appreciated in helping us secure our hard-earned money. Thank you in advance for your time and kind assistance.
From India,
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Even after regular follow-ups, the company did not clear his dues for almost a year. As a result, he sent a legal notice to the company for the clearance of dues. Finally, the company replied to his mail with a full and final settlement, along with a scanned copy of a cheque and a draft of an acceptance letter for him to sign and send back. The calculation was almost half of what he was supposed to receive. Consequently, he requested a detailed statement of the calculation, to which they only provided a salary statement (considering 13 out of 16 total paydays) with an additional column for reimbursable expenses.
Leaves, notice period, reimbursement details, deductions, and allowances as per policy were not covered in the settlement. He sought clarification on various points, as enclosed below, along with the responses received from the company.
Question 1: Earned leaves for 255 Days of association with the company
Answer: As per the terms and conditions of your employment, earned leave is admissible upon completing one year of service with the company. You voluntarily resigned before completing one year and are therefore not eligible. Doubt: According to the Haryana S&A Act section 14, after 20 days of work with the company, one earned leave is allowed. Does the company policy supersede the law?
Question 2: Rs1700/- which was retained from my monthly salary and was supposed to be disbursed after one year
Answer: According to the terms of your appointment letter, the retention amount will be paid upon completing one year of service. Since you resigned before completing one year, you are not entitled to the retention pay. Doubt: Can an employer, as a permanent employee of the company, withhold any amount from the salary without disclosing it in the salary slip? Does it become non-claimable even if it is part of the CTC? Is there any provision for retention money in the law?
Question 3: Details of reimbursements given to me under Transfer of location / Travel allowance policy of Voyants
Answer: These details have already been settled and accounted for in your full and final statement, as per the bills submitted by you. Doubt: Can a company deny sharing detailed information? Can a company refuse to pay travel allowance and DA as per the travel policy under the pretext of transfer and simultaneously deny payment for transfer of location benefits?
Question 4: Leave deductions / unpaid leaves statement, as per my July salary slip, I had 10 CL and 10 SL balance in my account
Answer: You have been given 12 paid leaves as per your entitlement. Doubt: Can a company change leave entitlements without any notice to the employee at its discretion and alter approved leaves to unpaid leaves?
Question 5: Payout against the notice period as I was asked to stop serving the notice period even though I was willingly doing so.
Answer: No reply. Doubt: In the above condition, can a company deny the one-month notice period as applicable as per the agreement?
Your guidance in this matter would be greatly appreciated in helping us secure our hard-earned money. Thank you in advance for your time and kind assistance.
From India,
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Overview of Company Policies
This was a very long question. I just want to share some brief policies applicable to every company, whether private or government, according to state acts. Some policies that can be implemented include salary structure, wages, leaves, working hours, and holidays. These may vary according to conditions or situations. If a company denies any of the mentioned details above, your spouse can directly go to the labor court and file a petition. If they ask your spouse to resign and not serve the notice period (and you have a document signed by the head/manager stating the same), the employer has to pay the salary as per the lieu policy. Your Full and Final settlement might include that money.
Leave Travel Allowance (LTA) Claims
Bills in LTA can only be claimed for the journey to and from, so make sure the bills are for the journey or related expenses.
Leave Provisions in the First Year
Most companies won't provide leave provisions within the first year of employment. They may mention it in the CTC contract, but as per company policy, leaves are very neutral. You can also address this issue in the labor court.
Documents to Carry
Documents to carry include the offer letter, CTC, any mail proof/contract agreement for an on-site job, resignation acceptance reply from the company, and any other supporting documents.
I hope your spouse doesn't have a Provident Fund (PF). If yes, ask him to get those details at the earliest before the Full and Final settlement.
From India, Hyderabad
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31This was a very long question. I just want to share some brief policies applicable to every company, whether private or government, according to state acts. Some policies that can be implemented include salary structure, wages, leaves, working hours, and holidays. These may vary according to conditions or situations. If a company denies any of the mentioned details above, your spouse can directly go to the labor court and file a petition. If they ask your spouse to resign and not serve the notice period (and you have a document signed by the head/manager stating the same), the employer has to pay the salary as per the lieu policy. Your Full and Final settlement might include that money.
Leave Travel Allowance (LTA) Claims
Bills in LTA can only be claimed for the journey to and from, so make sure the bills are for the journey or related expenses.
Leave Provisions in the First Year
Most companies won't provide leave provisions within the first year of employment. They may mention it in the CTC contract, but as per company policy, leaves are very neutral. You can also address this issue in the labor court.
Documents to Carry
Documents to carry include the offer letter, CTC, any mail proof/contract agreement for an on-site job, resignation acceptance reply from the company, and any other supporting documents.
I hope your spouse doesn't have a Provident Fund (PF). If yes, ask him to get those details at the earliest before the Full and Final settlement.
From India, Hyderabad
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Dear Nidhi, you have written very descriptively. I understand that most of the issues/queries could be answered only based on a study of company policies and facts. I will address your query related to Notice Pay. Please refer to the terms of appointment mentioned in the appointment letter. Did your spouse mention his last day of working/relieving?
If he has mentioned any specific date, the company is bound to relieve him on or after that date. If the company wants to relieve him early, it must pay towards the Notice Period (as the employee is required to serve the notice period, the company is also required to give notice period or pay equivalent to the notice period) as mentioned in the appointment letter. Otherwise, it can be claimed as retrenchment, and you can raise an industrial dispute for not paying retrenchment benefits, etc.
Shailesh Parikh
[Phone Number Removed For Privacy-Reasons]
From India, Mumbai
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If he has mentioned any specific date, the company is bound to relieve him on or after that date. If the company wants to relieve him early, it must pay towards the Notice Period (as the employee is required to serve the notice period, the company is also required to give notice period or pay equivalent to the notice period) as mentioned in the appointment letter. Otherwise, it can be claimed as retrenchment, and you can raise an industrial dispute for not paying retrenchment benefits, etc.
Shailesh Parikh
[Phone Number Removed For Privacy-Reasons]
From India, Mumbai
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Full n final settlement.doc