Relieving Letter & Full & Final Settlement
Querist :
Anonymous
(Querist) 27 July 2010
This query is : Resolved
Hi Experts,
After serving a leading corporate for 11 years, I tendered my resignation from a senior position, giving 1 months notice period, as per my appointment terms.
Instead of accepting the resignation, I was unceremoniously terminated thru a letter a week letter, without mentioning the grounds of termination. The information of termination was flashed on the organisation's email network, which almost jeoparadised my employment at my next employer.
Next day I was barred from entering office. Later in the day I was met with the management team. Instead of giving me a chance to present my case, it turned out to be a session blaming me for the anomalies in my deptt (there was a financial fraud done by my team member which I only detected and 1-2 non-issues which were blown out of proportion).
Essentially, I became a victim of organisational politics. Also, I was joining a rival / competitor organisation.
I made a representation against my termination stating all the facts to the CEO. In response CEO's office assured me if I help in collecting huge amount of outstanding revenues, relieving letter and full & final settlement will be sorted out.
In good faith, I did everything. Now that all the monies have been received by them, they are not issuing me a relieving letter nor clearing my full & final settlement.
I have been following up with them for last 4 months. Have even written a mail to the CEO, without a response.
Against this backdrop, I have few questions :
1. Can a company terminate an employee without assigning any reason, once he has tendered his resignation ?
2. Can the co. withhold statutory benefit like PF ?
3. Can the co. withhold my gratuity, leave encashment pay, salary, LTA, etc. ?
4. What recourse do I have now ?
Shall highly appreciate your inputs.
Thanks
s.subramanian
(Expert) 27 July 2010
you have not stated the basis for your company to terminate your employment.if that is known only we can analyse our line of attack. there is nothing wrong in not accepting your resignation and terminating you. the company has the right if it based on sound reasoning.so come out with more details to help you out.
Guest
(Expert) 28 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING YOUR SERVICE SALARY AND PF AND OTHER DUES KINDLY NOTE THAT.
1.YOU HAVE SENT ONE MONTH NOTICE OF RESIGNATION.THE CORPORATE TERMINATED YOUR SERVICES.
2.YOU ARE ENTITLED FOR NOTICE PAY OF ONE MONTH IN ADDITION TO YOUR SALARY AND PF AND GRATUITY AND OTHER DUES.
3.YOU MAY SEND A LEGAL NOTICE DEMANDING THE FINAL SETTLEMENT OF ACCOUNT.
4.IN CASE SALARY AND OTHER DUES AND NOT SETTLED THEN YOU MAY FILE A CIVIL SUIT IN CIVIL COURTS/ WP IN THE HIGH COURT.
5 FOR PF DUES YOU HAVE TO FILE AN APPLICATION TO THE PF COMMISSIONER IN THE AREA CONCERNED.
YOU WILL SUCCEED.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP
GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE
