Nishat Bari Khan 22 October 2020

Employer creating issue for full and final settlement

Dear sir, I am a bank employee

I have resigned from my job on 4th August 2020, and had given the mail to seniors and to Hr that, I am not fit to work, I have some health issue also so i have resigned all these i had written on mail, and as per Hr policy i had to serve notice period of 90days but in between this notice period bank has stopped my salary, in between this notice period i took leave because of my health issue, but now my seniors and Hr they are calling me and harashing me that the leave which i took, i have to pay for this otherwise they will stop my PF and GRATUITY. But i asked them that after resignation i raised a mail to all of you then why not you people replied on that time. Now when my notice period is going to complete on 2nd nov 2020 now you people is asking me all these.

So please guide what i need to do now. Because I am mentaly depressed.

Mail id- nbkhan1983@gmail.com

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5 Replies

Adv Vinay Mathur + 8447131770 (Advocate) 22 October 2020

Employee has a right to resign and he can't be forced to serve in case he is not willing until and unless there are some stipulations in the rules or conditions of employment.

You give them medical certificate of your sickness and demand your salary, pf, gratuity benefits from the company within 15 days if they don't comply you complaint to labour commissioner.

P. Venu (Advocate) 23 October 2020

The employer cannot withhold gratuity and PF in lieu of notice period. However, they can resort to measures, legally permitted, in realising the same.

Dr J C Vashista (Advocate) 25 October 2020

You should have asked for and availed leave without pay for the notice period. However, that issue is over and notice period is stated to be expiring on 02nd November 2020.

PF and gratuity can not be stopped.

Issue legal notice.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Pradipta Nath (Advocate) 27 October 2020

Please note that the employee has to right to forfeit your PF as they are not the custodian of the money; the PF money is lying with the PF Office. Secondly in case you are eligible for gratuity they may withhold your gratuity but only on the permissible grounds else it will be illegal and you may take legal recourse on this.

On the note of your taking leave during the notice period: - Please consider to serve the notice period fully get the handover receipt. In case if you are at all able to go office due to your health, do consider to handover your responsibilities and take the receipts without fail. Thereafter despite your employer is creating problem, the issue will be decided as per the appointment letter and law of the land. But my advice please consider to serve the notice period else they may claim demurrage or damages from you.

Ritesh Maity (Labour Law Advocate) 28 October 2020

1. If you have not served the notice period nor have paid in lieu thereof, then the company has right to recover the same from your end probably through initiating money suit against you.

2. In your case they are not entitled to adjust the amount with PF and gratuity.

3. You may immediately send Form I to your employer claiming gratuity.