rajesh 09 August 2017

Salary settlement after resign

i am worked 4 years in fruit process industry i left from factroy after resigning 18 working days in notice period. my company not settled my full salary and PL also. now my question 1. company not given any appointment letter then how can they ask 1 month notice peroid 2. after submission my resign letter i worked 18 days then i left in my person problem then how can they hold my PL and 18 days worked salary. now legal can I fight againist company?

Reply Follow

5 Replies

MM Joshi 09 August 2017

Hi, As most of valualbe Suggestion will post / receive you soon by our Seniors yet as you have no appointment letter so you must have any of evidence proof that you were employee of that firm ABC, like Salary transfer to your bank , salary receipt in cash, compnay provided any of Identy card, PF or ESIC Number if allocated by the firm. Any of communication letter received by you in your compnay address, mobile, bank statement delivered to your office address. Most valuable if you tender your resign then definitely have copy of acceptance of your resign by the authorised person of that compnay. These are the solid proofs that you were the employee of that firm, you can present these to show your employment with firm.

Thanks,

MM Joshi

rajesh 09 August 2017

I have pf Num and salary bank statement

rajesh 10 August 2017

Good morning sir, please let me know in my case company has to pay that month salary or not?

MM Joshi 10 August 2017

Then it is the perfect evidence of employment with the firm

(Guest)

For the purpose of claiming salry, evidence of your duty and official relieving by the company after your resignation is more important, rather than your appointment letter/ employment.

In fact, your questions are quite vague, like "company not given any appointment letter then how can they ask 1 month notice peroid," and."after submission my resign letter i worked 18 days then i left in my person problem then how can they hold my PL and 18 days worked salary."

If they have asked for resignation notice that clearly means the company does not want to violate service laws of the land. I you don't know the provisions of law that does not mean that the campmny cannot ask you to submit your resignation with one month notice.

Secondly, if you unauthorisedly absented at your own due to your own personal problem without expirey of notice period, that also not absolves you not to obtain NOC from different departments/ branches about no liability against you before the company settles your full & final.

Instead of raining vague questions, you could rather have contacted the HR department of your company to complete the formalities of your regular relief. However, nobody can debar you from legally fighting againist the company, if you can prove your own actions to be legal. Once you get any employment, you are also under obligation to observe the provisions of service laws to establish your rightful claims.