Dear Experts.

I am an employee in one of the company upto 25.01.2012. 25.01.2012 i have given resignation letter to my company for 30 days notice. In the notice period i have cleared my handing over of work and completed my pending work also. In the period the management has requested and the notice period has extended to another 30days upto 25.03.2012.

My management now they are not releasing my salary, bonus etc., And also my company is partnership firm. for firm gratity is applicable or not pls confirm ,  for more than 6 years what benifits can get employee apart form salay, bonus, leave encashment.

If employeer is not responded for my request what steps i have to follow to get my settement.

Kindly help us.

Regards

Sathsiha

Dear Sathisha,

If the company have given you the AO, pls check the notice period for your job.

Once the notice of resignation is served, they you are eligible for salary and other benefits till the last day working in the company.

Gratuity is applicable to every establishment whether proprietorship or partnership or limited company where in 10 or more employees are employed or were employed on any day of the preceding 12 months. If this condition is satisfied, you are eligible for gratuity if you have completed 5 years of service in the establishment. Apart from this, you are eligible for PF if your establishment is covered under the Act.

You can approach the Asst. Labour Officer in your area/circle or meet District Labour Officer who will direct you to ALO for claiming the dues. However before meeting any labour authorities, make necessary efforts directly with the establishment and create records showing they are deliberately holding your dues.

Regards,

arlkrishna 

Mr. Krishna has given valuable advice. Kindly follow it.

You have posted that the Notice period was extended as per request of the management. Hope the extension has been in writing and you have the copies to establish the same. Employer should pay the wages on last day in office or within next 2 days. Moreover in your management requested the extension and had enough time to prepare the FNF statement and disburse the FNF settlement amount which should include bonus, leave encashment, gratuity, salary, allowances etc.

You may submit a written representation by letter under acknowledgment thru redg. post addressed to your appointing authority, Managing Partner, partner stating that management 9Mr/Ms.........designation/dept...........address..............on dated...................requested for extension of notice period up to............dated.........and you had cooperated with the management. Although management had sufficient time to prepare and supply you the FNF statement and payment of your dues on last day in office your dues which include (give details e.g. bonus, leave encashment, gratuity, salary, allowances etc.) have not been paid till date despite your unlimited number of representations  ( mention detail). Good offices are requested to supply you the payment of dues by bank DD only, thru redg. spot only so as to reach you in next say........7 days.

If the management does not grant any relief you may lodge a grievance with O/o labor commissioner. You can lodge your claim of gratuirty with Controlling authority (O/o labor commissioner) in form I.

Hi,

I was employed in a an organisation from 11th July 2011 - 07th November 2011.  I submiited my resignation to the organization via company email on 5th October 2011 giving the organisation a 32 days notice.

My Employment contracted stated a notice period of 90 days though i was in probation while i submitted my resignation.  The organisation has not done my Full & Final settlement and refused to provide a Relieving Certificate as i did not seve a 90 days notice period. They haven't provided me Form- 16 not are they giving me my PF number details.  My last drawn salary from the organisation was on October 31st 2011 whereas my last working day was 07th November 2011 bu i did not receive any salary for 7 days worked in November.

Eventually i found out in my 26AS Tax Statement online that the orgnisation has deposited the Tax Ddeducted from my salary in to Income Tax Department and also stated that they paod me last 7 days salary for November.  To  my surprise i never received this salary which is reflecting on the Income Tax Portal.

Can i go ahead and take a legal action against this organisation?  To me it appears illegal that they say they have paid me an taxed me on the salary which i never received.

Let me know your thoughts.

Thanks

@ Ekta Singh,

Kindly always a start a new thread.

It is felt that you may give an opportunity to the company before you proceed legally and thus you shall save yourself also from litigation. Did you submit notice of resignation by letter subsequent to your email? Has the company acknowledged the receipt of your email and accepted your resignation? As per your calculations, are there any amounts due to be paid to you after adjusting the notice pay? Company might have done FNF and might not be supplying you the FNF statement as per their internal policy, instructions from superiors who have processed your notice of resignation.

You may submit a  representation in gentle tone ( by letter thru Redg/speed post followed by email mentioning Redg/speed post number and attaching screenshot of POD) addressed to good offices of your appointing authority, MD/CEO/Chairman, Company Secretary, with a copy to Head-HR mentioning that you have  submitted your notice of resignation by email dated 5th October 2011 followed by letter dated...........self attested copies of which are enclosed herewith and that you have  tendered a reasonably long notice period of 32 days sufficient to designate an employee to take charge from you which may any employee or your reporting authority or HOD, completed all tasks on hand, and represented to your superiors that as per clause number .......of appointment letter dated ......issued to you, company may adjust notice pay in your FNF statement and should supply you the  FNF statement, payment of FNF dues payable to you by Bank DD, Form 16 ( which is usually supplied in May/June), PF number/accumulation reports/attested copies of PF withdrawal-transfer forms, work experience/service certificate, relieving letter, last salary slip, acknowledgment of your notice of resignation, acceptance of resignation, acknowledgment of handing over the company property/handing over the charge, copy of certified standing orders of the company and employee rule book of service rules which has not been ever supplied to you, all of these on your last day in the office i.e. dated............  . Despite your representations dated................by phone/email/in person/by letter to Mr/Ms..........designation, department, address none of the payments/documents which are legitimately to be supplied by company to you and mentioned above have not been supplied to you till date. Even the PF number which has not been supplied to you during the course of your employment is not being supplied to you even after your have left the services on dated.......despite your representations. You are requesting the good offices to intervene and supply you the payments by bank DD only and all documents mentioned above along with your PF number in writing and supply the payment and documents by redg/speed post only, so as to reach you in next say 7 days. A self addressed postage prepaid envelope for sending redg/speed post to you is enclosed herewith.

If good offices do not grant any relief you have the option of:

--lodging a complaint with CIT-TDS at your location and jurisdictional CIT-TDS where company files the return.

--RPFC for non issuance of PF number. You shall need to provide proof of delivery of your representations to company.

--O/o Labor commissioner at your location.

--Approaching your lawyer and your lawyer may prefer to issue a legal notice.

You may obtain SE act applicable to your state and relate the conditions of your appointment. If situation arises you may find it useful.

Dear Experts.

Thanks for the valuable suggestions. 

Regards

Sathisha