Relieve From Current Job And To Get The Salary And PF

Dear Sir

I am working as Sr.Executive in a private limite company for the past 7 years. Now i have got job as Assistant Manager in a company, So i want to relieve in current company, based on that i have given resignation letter on 5th March and i have mentioned in that letter wants to relieve before 4th of April. And also i have not received any appointment letter or confirmation letter from current company till now, but they given letter to me they will relieve me from job after 3 months notice period as per HR manual. But new company is asking to join before 7th of April, and also our current company is telling they will stop the salary and PF also and no PF in the new company.

Kindly help me to relieve me from current job and to get the Salary and PF.

Thanking you,

Yours faithfully

As per the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the company cannot stop the PF of the employee in any case. Hence you need not worry for the PF amount as you can transfer the same to the new company or can withdraw the amount as per your need.

As they have not given you any appointment letter, I believe that they would not be having any acknowledgement of you accepting the terms and conditions of the letter. Hence it is a two sided sword.

I would suggest that deal cordially with your HOD and try to convince him to release you by 4th April. It has been observed that normally the HOD agrees to the request and releases the employee if he sees that there is no way that the employee can be retained for a longer period. In case the HOD is reluctant and refuses to release you, take a record of your attendance on your last day of working and leave the company.

The attendance record can then be used to claim your last month salary. But personally I would suggest not to use this method unless you really want the last month salary badly and don't mind getting in legal case with the company for the same.