What are my legal rights if my previous employer does not pay my full & final settlement after I leave the job?

Hi Team,

I was an employee of a BPO in Mumbai, it was a private limited company from the UK. I served there as customer service advisor for 3 years and 3 months. During the time of my employment, I've never defaulted into anything never fell into malpractices etc. While I was from a poor family, I wanted to work in the BPO so that I can get enough money to start a course on my own. I started saving money for my higher education.

When I was ready to leave, I read the exit policy of the company where nowhere it stated that I won't be paid if I do not serve notice period.

Their terms and conditions were as follows.



1) I have to serve a mandatory 60 day notice period. Only then I would be issued an experience letter and relieving letter.

2) If I do not serve a notice period, then I won't get experience letter and relieving letter.

3) There is no way I can buy out of notice period or compensate it with mu remaining holidays, it was either notice period or no notice period.

I still remember reading the exit policy doc atleast 4 times before I raised exit request on my intranet portal.

Its been more than 60 days now and they are not paying me my dues saying that all the dues remaining to you were spent/adjusted in recovery.

Coming to recovery part, in my offer letter they said if I leave the company within one year of my employment, they will not pay me anything as to recover the training cost and I might have to pay them back the recover part etc.

Since I've served more than 3 years, I dont think this policy applies to me.

So I wanted to ask you guys.

What are my legal rights in to this matter?

Can I raise a complaint somewhere? Is there someone who can help me ?

I am doing all this because I need the money. Sorry for my desperation.

Thanks in advance! Cheers!

Dear Harmesh,
You have written long post but you have not written one important thing is whether you completed your notice period as per the terms mentioned in your appointment letter. Please confirm date on which you submitted the resignation and what was your last working day? Did you take proper clearance while leaving your service? Did HR issue no due certificate to you?
Thanks,
Dinesh Divekar

Hi Dinesh, sorry for the mistake.

I have not served 60 day notice period, as the industry which I was going to does not relate to BPO and my experience of 3 years does not contribute at all.

I've received my salary slips and appraisal letters. My date of resignation and last date of working is same.

I've given 'On The Spot' resignation as I got a new job in the new field I wanted to go.

While on my exit interview, I specifically asked whether I'll get my full and final settlement and when. The HR said the accounts team will handle it and you'll get the adjusted amount after 45 days.

I've attached the conversation which my manager (who is very helpful and supportive) has communicated with me.

Please guide me what all legal rights I have in this case. As the company has been defaulting in many parameters (health & safety, employee working hours violation etc.)

Hi,
Your answer is given in your attachment itself. Since you have completly ignored the company's exist policy and left the organization without serving notice period so they have considered you as "Absconding" case (mentioned in your attached doc).
Generally in notice shortfall cases, employees have to pay gross salary for shortfall days.
I will suggest you to talk with HR and Accounts Team and explain your reason why you could not served NP. They may be take approval from Management and release you.
I do not think, if you go to labour court they will consider your case becuase you have not followed company policy.
Thanks,
Arvind

Dear Harmesh,
As you said in your post, you had not served your NOTICE period for 60 days and still you are asking for your clearance. Please do calculate and check if even after deducting gross salary for 60 days from your F&F is there any amount left out to be paid to you. If yes then only it is advisable for you to go further in this case. Still if the answer is NO and you want to go forward and clear your dues to collect your Experience Certificate then company will surely welcome your offer for pay back.

Hi,
This is a clear "Absconding" case, where if Employee fails to serve his/her notice period as per Organization policy, Company cannot release F&F and that amount goes in recovering the loss.
I think before raising this Question on such platform, employees should always check each and every policies of their Organization, I usually see the same case, where firstly Employee always see for their Next benefit (which is usual) but then they want immediate relieving, all the exit documents and Full & Final.
And if Company follows their exit policy (as anyone has to follow exit policy), employee will directly think of going legal and stuff.
Hope this matter is clear now.
Regards,
Priyanka Vinda

Dear Concern,
As per information provided following are the terms and conditions as follows.
1) I have to serve a mandatory 60 day notice period. Only then I would be issued an experience letter and relieving letter.
2) If I do not serve a notice period, then I won't get experience letter and relieving letter.
3) There is no way I can buy out of notice period or compensate it with mu remaining holidays, it was either notice period or no notice period.
It clearly states that their is no notice buy out policy in your organisation, which makes serving notice period mandatory. As you have resigned without serving notice period company adjusted/settled the amount salary.

If feel that you should send 2-3 official mail to HR. If they will not resolve your issue then you should put case in lower court.