• Notice Period Recovery after Gratuity Amount received

I joined AXIS Bank in August 2012 in Gurgaon. I took a transfer to Kolkata in September 2014. In September 2016 I took sabbatical leave for 2 years, so net I worked in Axis Bank from Aug'12 to Sep'16 and resigned in Aug'18 after completion of a sabbatical. In between, I have asked for a transfer but they did not give due to no vacancy available. I met with HR and asked for Notice period to serve where it was 90 days. He said not to worry and we'll take waiver for your notice period. It was a verbal discussion. I believed him and resigned and started waiting for my relieving letter. In between, I got a call for my address confirmation for courier the relieving letter. I also got the credit of my gratuity amount on 04-Jan-2019 and transferred the amount in my another bank account. after a few days, I checked my Axis Bank account where I received gratuity amount there was a lien an amount of approx 47k equivalent amount of gratuity and same time I received notice recovery letter of 48k from their consultant TSR Darasaw. When I contacted HR they said this is your notice period recovery amount which you did not serve, we took a waiver of notice period but not of the amount. They tricked me. from then to till now they are not listing and saying to pay full amount then we will release your relieving letter. I am not in the position to pay the same because I am unemployed since Sep 2016. That time I told them if I need to serve notice period let me know but they said it will be taken care. I am not able to withdraw my PF because due to the big company its under TRUST and I can not do anything online. Kindly advise the next course of action as my PF is pending with them also advise gratuity is only received once they relieved in their system. PF state is Maharastra. Please call me if any further details required.
Asked 6 years ago in Labour

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8 Answers

You can withdraw PF amount online no need to visit to HR department of AXIS BANK.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to file a complaint to labour commissioner he will issue notice and the same will be resolved through mediation. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can withdraw your PF amount if you have completed more than two months of service.

You can withdraw if you have not got any job till two months after the resignation.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You have committed a grave mistake by not taking in writing the waiving of the notice period nor you confirm the same in your mail or resignation so now no other option simply have discussions with the higher ups of your previous company to settle the matter by taking less amount other wise you have to buy back the notice period nothing else.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Better file application before labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi, 

You are suggested to write letter and emails and also the legal notice for resolving the issue and it the things are not solved, file the case for the same. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Waiving of notice period is by compensating the same by paying salary amount to the number of days the waiver sought.

You cannot blame management for your ignorance of law.

You may approach PF commissioner for release of your PF by directing your employer, but before that you may have to exhaust the remedy with your employer about this and get their denial in writing so that you can take it up with PF authorities  properly

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

What were you doing since the year 2016 without taking any steps for your relieving letter as well as the PF amount?

Do you have the refusal by your employer in writing, then you may issue a legal demand notice demanding all those which are due to you from the company.

On their refusal to entertain the legal demand notice you may approach high court with a writ petition for getting relieving letter and the PF dues 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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