Settlement of salary,PF and gratuity

This query is : Resolved 

29 March 2011

I am planning to leave the company with out relieving from the company.

I have submitted the my resignation one month before to HR. The HR not relieving me because as the notice period is 3 Months.

They are keeping me for the billing purpose to customer US.

If i leave the company they will settel my salary, PF and gratuity??

M.Sheik Mohammed AliOnline (Expert)
29 March 2011

as per company agreement you must give notice 3 months, if unable to give notice earlier you must say whats the reason, and salary not given, if you know your pf card no. then go directly pf office and claim, if you working in same company minimum 5years then only claim gratuity.

Anandakumara MB (Querist)
29 March 2011

Mohammed, iam working in same company from last 5.5 yrs, I am having healt issue so iam leaving the company, but company not relieve me earlier than 3 months. They are not ready to accept the notice pay also.

What alternative i have to take ??

Kirti Kar TripathiOnline (Expert)
29 March 2011

Claim under notice pay and payment of terminal dues are different from each other. Your employer can not refuse to settle your terminal dues on the ground that you have not complied the conditions of notice pay. In case, he refuses to settled you have remedy to claim the same through forums available under the law. Similarly, if the employer want to claim of notice pay, he has to file civil suit for breach of contract

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