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My old company not giving my salary and Gratutiy after resignation - CiteHR

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aauyshraj
i was worked in a company in HR as Clerk from last 6 years and 4 months. i resigned from my job in with 5 day notice instead of 15 days notice as per company rules because my new company was not giving me 15 days time to join. i mentioned the last working date in my resign letter. and changed my job after that date. but now my old company not giving my clearance and gratuity. They said that i had not given handing over, but that time they never said for handing over. is it legal to hold someone salary and gratuity.
From India, Dehra Dun
svramana88
8

Yes, one has to complete his handing over producers before leaving the job . As you may not server the notice period and can leave early by the rest days amount as per company norms . first list out works and complete your hand over process if any assets company lies with you should be hand over and then you can ask for your F&F and Gratuity Amount.
From India, Visakhapatnam
Ashutosh Thakre
273

Being in HR you should know that, it is not the person, but the knowledge that person has to share. Also, had the company given its approval for a short notice period? Had they accepted it and communicated it to you in writing?
They may not me able to hold your gratuity, but they can surely, ask you to come and do the handover and remember that this will not be possible on your weekoff, as the other person, may not be free. So you will need to go there and give the handover. May your exit graceful and not regrettable. One should never burn the bridge off, you have already done that. Just make the amendments and the things will change.
Regards,

From India, Mumbai
aauyshraj
Thanks for suggestion both of you, but that time I was ready for handover with the list of items and files but they refused to taken over. they forced me to stay for more 15 days and asked me to trained the new staff in hr. thereafter they will clear my dues. but i can't explained everything regarding EPF and ESI and other work of hr in 15 days or it could take more than 15 days. But i can't miss new opportunity because it will not come again in future. Also there was a HR Executive who was aware all the files and items in hr office.
Thanks

From India, Dehra Dun
Ashutosh Thakre
273

Aauyshraj,
Handover needs to be prepared in an excel sheet. This contains all the passwords, userids for various programs and softwares, that you have been using. Also, the update on till where the PF sites are updated and what is still work in progress. We know that 15 days is a short time to make anyone understand the role, But going away without any such update is worst.
You have all the right to say that you cannot extend beyond the stipulated notice period, and they have all the right to say that you need to stay physically present for the entire notice period.
You have directly jumped and therefore, facing the problem for F&F. Have a word with them, explain them that you can give the handover and document the same for the new joinee for his future reference. Believe me you have worked there for 6 years and what is there in your head is more valuable than what has been documented in the files.
All the Best

From India, Mumbai
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