I was asked to serve my notice period, because the role was no longer required. I submitted my resignation, with my last working day scheduled for mid-July. However, it is now already February, and I have not received any formal response from my employer even after sending them multiple emails and trying to call them. In the handbook, it was mentioned any earned leave will lapse, so I didn't get that and now I have not received my salary too for both June and mid-July as part of my full and final settlement. Kindly advise what can be done. My company is based in Karnataka, Bangalore, and I have worked for 4.6 years with the organization.
From India, Bengaluru
From India, Bengaluru
Hello,
This is really surprising that the Company asks the employee to resign as the role was no longer required and the employee resigns in hope that he will be well treated at the time of exit. But here the things have been different in your case. Leave salary (Encashment of balance Earned leave) and last month salary have not been paid. I feel that you are entitled to gratuity also under PG Act if the period of service was 4 years, 06 months or more.
You should give the Company / management a legal notice for payment of terminal dues failing which a court case may be filed before Hon'ble High Court. Courts take up and settle such cases on prompt basis. Other course of action might be that you file an application before the Labour Commissioner (Central) / Controlling Authority under PG Act, of the region under whose jurisdiction the Company falls for payment of gratuity. For other terminal dues you can approach LEO (Central) of that region. They will certainly force the Company to settle your dues.
Best Wishes
AK Jain
Retired Manager HR
Coal India Ltd.
From India, New+Delhi
148This is really surprising that the Company asks the employee to resign as the role was no longer required and the employee resigns in hope that he will be well treated at the time of exit. But here the things have been different in your case. Leave salary (Encashment of balance Earned leave) and last month salary have not been paid. I feel that you are entitled to gratuity also under PG Act if the period of service was 4 years, 06 months or more.
You should give the Company / management a legal notice for payment of terminal dues failing which a court case may be filed before Hon'ble High Court. Courts take up and settle such cases on prompt basis. Other course of action might be that you file an application before the Labour Commissioner (Central) / Controlling Authority under PG Act, of the region under whose jurisdiction the Company falls for payment of gratuity. For other terminal dues you can approach LEO (Central) of that region. They will certainly force the Company to settle your dues.
Best Wishes
AK Jain
Retired Manager HR
Coal India Ltd.
From India, New+Delhi
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FW Full and final settlement of all my dues including salary leave encashment Gratuity PF .zip
Salary-Note.doc
SALARY SHEET CALCULATION.xls