I HAVE SERVED 3 MONTHS NOTICE, WHICH IS THE NORM IN MY COMPANY. THEY DIN'T ACCEPT MY RESIGNATION SAYING THAT THERE WERE SOME LAPSES, FOR WHICH I DUTIFULLY REPLIED. AFTER THE 3 MONTHS I WAITED ANOTHER 4 1/2 MONTHS FURTHER APART FROM MY 3 MONTHS. EVEN THEN I DID NOT RECEIVE ANY REVERT NOR REPLY. AS IT WAS HIGH TIME I SENT A MAIL TO THEM STATING THAT I WILL NOT BE COMING TO OFFICE FROM A CERTAIN DATE. MY COMPANY TELLS ME THAT THEY WILL TAKE DISCIPLINARY ACTION AGAINST ME AS WANT ME TO CONTINUE WORKING. I HAVE NOT ATTENDED FROM THEN. MY PF & GRATUITY IS DUE TO ME. WHAT DO I DO ? PLS GUIDE ME
From India, Hyderabad
From India, Hyderabad
Resignation is your right. You can resign whenever you want by serving the notice period or by paying the notice pay in lieu thereof. The Supreme Court has said that no employer has any right to withhold an employee and employee is free to join another company for his professional betterment.
As your notice period is 3 months, you have rightly served the notice period. There was no requirement of serving further 4 and half months, which you actually did.
Did the company reject your resignation by anything in writing?
PF is deposited with the PF authority so there is nothing to worry.
Regarding gratuity, you have to claim the gratuity in FORM I.
If you wish, you can contact a lawyer with all your documents (resignation, their refusal letter, other communications etc.) before proceeding legally.
From India, Kolkata
243As your notice period is 3 months, you have rightly served the notice period. There was no requirement of serving further 4 and half months, which you actually did.
Did the company reject your resignation by anything in writing?
PF is deposited with the PF authority so there is nothing to worry.
Regarding gratuity, you have to claim the gratuity in FORM I.
If you wish, you can contact a lawyer with all your documents (resignation, their refusal letter, other communications etc.) before proceeding legally.
From India, Kolkata
Dear Sir,
Thanks a lot for your revert. The company sent a mail that my resignation cannot be accepted. This was the communication sent to me. They claim that there are some disciplinary proceedings for which i waited for 7 1/2 months, but they have 'nt sent me a charge sheet or memo nothing.
Regarding the PF, the company places the PF in their own Trust. How can i claim that ! Please advise Sir.
From India, Hyderabad
Thanks a lot for your revert. The company sent a mail that my resignation cannot be accepted. This was the communication sent to me. They claim that there are some disciplinary proceedings for which i waited for 7 1/2 months, but they have 'nt sent me a charge sheet or memo nothing.
Regarding the PF, the company places the PF in their own Trust. How can i claim that ! Please advise Sir.
From India, Hyderabad
You need to give a proper reply to the letter of refusal by the employer. If they have not initiated any disciplinary proceeding, then the reason given by them does not stand much chance. Please consult a lawyer with your documents (appointment, resignation, refusal etc.) and give a reply.
Once the matter related to your resignation is settled, you can start with you PF.
From India, Kolkata
Once the matter related to your resignation is settled, you can start with you PF.
From India, Kolkata
Hello Advisers,
I am working in mnc company last 10 month due my current profile is not satisfied I have resign my job with one month notice period serving to the employers. But while joining I signed employment agreement with two month notice period and india undergo training happen need to pay 3 lac mentioned in serv. Agreement. I am having 16 daya el and 30 day notices period. In this case employers demanding to pay 15 day salary with service agreement termination. Please suggest any one I haven't got any training on site or locally. Kindly advise me for demand ?
From India, Coimbatore
I am working in mnc company last 10 month due my current profile is not satisfied I have resign my job with one month notice period serving to the employers. But while joining I signed employment agreement with two month notice period and india undergo training happen need to pay 3 lac mentioned in serv. Agreement. I am having 16 daya el and 30 day notices period. In this case employers demanding to pay 15 day salary with service agreement termination. Please suggest any one I haven't got any training on site or locally. Kindly advise me for demand ?
From India, Coimbatore
They cannot demand any amount if training is not provided to you. However, it is advisable to consider the exact content of the said employment agreement before coming to a conclusion.
From India, Kolkata
From India, Kolkata
If your employer doing any unfair labour practice or not relieving you from your job or not paying the salary, gratuity any monitory benefits etc , kindly approach the Labour officer appointed by the Appropriate government in your jurisdiction. Take all your document relating to the employment and communication letters. The labour officer is the right person to solve all your problems.
Regards
Sudharshanan
From India, Madras
Regards
Sudharshanan
From India, Madras
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Employer-PF-res trict to wages of Rs 6500.pdf