I was asked to serve my notice period because the role was no longer required. I submitted my resignation, with my last working day scheduled for mid-July. However, it is now already February, and I have not received any formal response from my employer even after sending them multiple emails and trying to call them. In the handbook, it was mentioned that any earned leave will lapse, so I didn't get that, and now I have not received my salary for both June and mid-July as part of my full and final settlement.
Kindly advise on what can be done. My company is based in Karnataka, Bangalore, and I have worked for 4.6 years with the organization.
From India, Bengaluru
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Kindly advise on what can be done. My company is based in Karnataka, Bangalore, and I have worked for 4.6 years with the organization.
From India, Bengaluru
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Hello, This is really surprising that the company asked the employee to resign as the role was no longer required, and the employee resigned in the hope that he would be well treated at the time of exit. However, the situation has been different in your case. Leave salary (encashment of balance earned leave) and last month's salary have not been paid. I feel that you are entitled to gratuity under the PG Act if the period of service was 4 years, 6 months, or more.
You should give the company/management a legal notice for payment of terminal dues, failing which a court case may be filed before the Hon'ble High Court. Courts take up and settle such cases on a prompt basis. Another course of action might be to file an application before the Labour Commissioner (Central)/Controlling Authority under the PG Act of the region under whose jurisdiction the company falls for payment of gratuity. For other terminal dues, you can approach the LEO (Central) of that region. They will certainly force the company to settle your dues.
Best Wishes,
AK Jain Retired Manager HR Coal India Ltd.
From India, New+Delhi
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161You should give the company/management a legal notice for payment of terminal dues, failing which a court case may be filed before the Hon'ble High Court. Courts take up and settle such cases on a prompt basis. Another course of action might be to file an application before the Labour Commissioner (Central)/Controlling Authority under the PG Act of the region under whose jurisdiction the company falls for payment of gratuity. For other terminal dues, you can approach the LEO (Central) of that region. They will certainly force the company to settle your dues.
Best Wishes,
AK Jain Retired Manager HR Coal India Ltd.
From India, New+Delhi
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(Fact Checked)-Your advice is correct. Legal notice can be issued if dues are not paid, and the Labour Commissioner can be approached for gratuity claims. Keep sharing your knowledge! (1 Acknowledge point)