Termination after resignation - dues & relieving letter have not been cleared by the company

I joined a company in July 2022. As per the offer letter, a 3-month probation period was stated. After 3 months, they were supposed to give me a letter of permanent employment. I resigned from the firm during the probation period. According to the probation terms, there was a 1-month notice period or the option of salary in lieu of notice. However, they added two lines stating, "which the management may accept or deny depending upon the criticality of the work." They insisted that I serve an additional month as notice, making it almost 2 months. I completed one month and 8 days of the notice period as per my resignation.

The HR department denied everything and did not acknowledge my last day of work. After almost a week, they sent me an email stating that I had been terminated due to a non-serious attitude. In my last 5-6 emails after resigning, I clearly informed HR that after a certain date, it would not be possible for me to continue working, but none of my requests were accepted. Currently, my dues and relieving letter have not been cleared by the company. Please suggest what steps I should take next.

It looks like you can only continually follow up for both the F&F settlement and relieving order. Having fulfilled the conditions of the appointment, these cannot be denied. You can threaten them with legal proceedings. You can approach the Labour Officer of the area and seek his intervention. If every other effort fails, approach the Human Rights Commission in your state. Continually pester them until you receive them, not so easy a task, but there appears to be no other way.

The organization does not seem to be professional in its approach. You have worked for them for less than 3 months, so I doubt if their relieving letter will make much of a difference to you. Keep copies of your emails for reference and show them to the new employers when you join to demonstrate that you were not in the wrong.

As for the pending salary, you can file a complaint with the labor commissioner as it is a validation of the Payment of Wages Act and probably the Factory Act/Shop & Establishment Acts.

Thanks for your valuable suggestions. I got selected in TCS, and my onboarding was postponed only because I don't have relevant documents to show my last working day. Now, my HR said, "You broke the rules; we can't provide you with the documents." This issue has been reported to the local labor commission office, but I am afraid this process will take time to settle. Could you please suggest what to do in this case? My job offer will be rejected after this month.

Hello Dalvir,

Worry not! Discuss the related situation and problems with your current employer. For better and prompt response, you can also make an online complaint through the link provided below:

https://hrylabour.gov.in/complaintpannel

Labour Enforcement Officer or Assistant Labour Commissioner will communicate with you, and it will get resolved within 15 days.

Dear Sir,

Thank you for the reply. My location is Mohali, Punjab. I raised the concern with the labor inspector, but I am not sure how much time it will take to resolve. My offer letter in TCS will be valid for the next few days, and I don't know how to deal with it once the time has lapsed.