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Rajiv Girhotra (a)     28 July 2010

Relieving Letter & Full & Final Settlement

 

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 flasshed 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, last months pay, salary, LTA, etc. ?    
 
4. What recourse do I have now ?
 
Shall highly appreciate your inputs.
 
Thanks


Learning

 2 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     28 July 2010

 

Against this backdrop, I have few questions :
 
1. Can a company terminate an employee without assigning any reason, once he has tendered his resignation ? no
 
2. Can the co. withhold statutory benefit like PF ?  no  
 
3. Can the co. withhold my gratuity, leave encashment, last months pay, salary, LTA, etc. ?  no   
 
4. What recourse do I have now ? To send a legal notice then file appropriate case as per local lawyer's advise. for receiving the benefits.

Rajiv Girhotra (a)     28 July 2010

Dear Mr. Gagdani,
 
thank you for taking time out to revert.
 
Regards

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