Greetings, I had been employed with a mid-sized company in Mumbai for two years. As per the terms of my appointment letter, both parties agreed to a three-month notice period. However, when I submitted my resignation, I was asked to leave in five days. Following my last working day, I have yet to receive my relieving letter or my outstanding wages, including earned leave, fifteen days salary, three months notice period amount, and gratuity deducted as part of my CTC. I have sent fifteen reminders to HR, but each time I write to them, they forward it to the CEO of the company who responds harshly that I should not bother them for two years and if I change my mind after that, they will release my dues. Without a relieving letter, I have lost two long-term onsite opportunities. I would be grateful for any advice on how to resolve this issue without any negative impact on my career. Thank you for your time.
Dear, Firstly, the company cannot recover the notice period from you nor pay you for it, however, they must pay you for the actual worked salary. If they waived off the notice period and relieved you before the agreed notice period, there should not be any problem in the clearance of your Final and Full settlement. The relieving letter is based on your clearance of F&F and employment history. Secondly, since you have worked only for two years, you are not eligible for gratuity. Many employees misunderstand their CTC, as most companies show gratuity contribution in their CTC, leading employees to believe that it is a deduction from their salary or CTC, like PF, and thus they are eligible for gratuity. Thirdly, since your resignation was not terminated by the company, you are not eligible to receive the notice period of three months. The company is obligated to settle your F&F, and no CEO or company should ask you to wait for two years for settlement. If you have any written document regarding the adjustment of your notice period, you can send a legal notice to settle your dues.
Please submit a petition for payment of wages to the relevant authority in accordance with the Payment of Wages Act. Further information can be found in the Labor & Employee Relations section of the CiteHR Human Resource Management Community Knowledgebase.
I am a manager in the hospitality sector.
Dear, I am of the opinion that you do not fall under the category of a worker or laborer, thus you cannot be considered for the payment of wages as per the Act. The petition can be declined…