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Sarrod (NA)     01 October 2013

Notice period and pay

I worked in a corporate office of an Australian MNC for 2.5 years as a Sr. Manager. My notice period was 3 months. i resigned on 1st July. 2 months had gone and the employers did not respond to my mail but i had a word with my superior who was aware of my desire to leave. After 2 months i got severely ill due to the stressful work environment and sent another resignation seeking leave on medical grounds. The orgnization again did not respond to my mail. Verbally, they assured me that i can leave on the 12 of Sep. so after, 2 months 12 days of notice i left. They recently sent me a full and final settlement letter stating that they have accepted my resignation (the second one) and that i am liable to pay the company dues for 2 months and some 18 days of notice. Nothing was communicated to me before i left the organization. Now, they are asking me to pay up and are not releasing my salary for the last month, my PF, my LTA and my paid leaves. What should i do. Please advise.

 

Rgds,

Sarrod



Learning

 1 Replies

Kumar Doab (FIN)     01 October 2013

Employee should always discuss with elders, competent and experienced well wishers, trade union leaders, and lawyer /law firm, before acting in haste and retain access to a lawyer.

When company resorts to verbal transactions and that too on such matters employee should be alert.

You may show both the resignations, sick leave application, standing orders of the company extended to your designation, appointment letter, leave policy, exit policy etc to your labor consultant/service lawyer………………………

Upon careful examination of these there may be some room to claim that your 2nd resignation was in continuation to 1st one and since you were sick you had represented accordingly.

The lawyer that has seen all of your docs can advise you the best.

If the FNF statement is not correct you may decline to accept it in writing.

PF can not be blocked/attached………………….

If at any point of time you decided to withdraw ( as per provisions in the Act) you may submit PF forms thru redg. post and obtain POD from PO.

Thereafter follow up and demand original acknowledgment issued by concerned PF office for you to be supplied to you by redg. post.

 

Declinature to attest PF forms is offence. 


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