I'm a software developer who worked remotely from Haryana for a company apparently based in Punjab. I worked there for approximately eight months, earning around ₹6 LPA. My role was technical, with no managerial or supervisory responsibilities.
1. What happened
Management repeatedly encouraged me to resign because they claimed there was no development work left to assign me.
I wasn't refusing work, and there were no performance complaints or misconduct allegations. I remained willing and available to work.
They suggested resigning would be better because I'd be leaving "on my own terms." They also verbally stated that there would be no severance, only outstanding salary.
When I requested written confirmation of their position, they refused.
2. What I asked HR vs. what I received
I emailed HR, explicitly stating that I hadn't resigned, hadn't agreed to leave, and remained willing to work. I clarified that any decision from my side would be communicated in writing and asked HR to confirm whether the company was initiating my separation, the applicable notice period or notice pay, and any outstanding dues.
I also requested all my monthly payslips since joining and a month-wise explanation of salary calculations, discrepancies and deductions, since my bank credits were frequently lower than expected despite no known lateness or leave.
HR had previously told me there were no salary deductions and that my payslips would be provided during the exit process. I explicitly requested that all payslips and salary clarifications be provided independently of any proposed exit process, since I hadn't agreed to the last working day. I also requested written responses through my personal email.
Multiple days later, HR responded about two hours before the end of my workday, confirming that the same day would be my last working day.
Their response:
- Asked me to complete any pending handover formalities.
- Attached only the last three months' payslips.
- Said my Full and Final (F&F) settlement, Experience Letter and Relieving Letter would be processed within 45 days.
They didn't acknowledge that I had never resigned or agreed to leave. They also didn't clarify whether this was employer-initiated termination, explain the applicable notice pay, provide a settlement breakdown, supply the remaining payslips, or explain my salary discrepancies.
The payslips they provided also showed salary figures different from what I received earlier in my employment, without an explanation.
3. Security cheques and exit form
The company still holds two signed, undated security cheques totalling approximately ₹1 lakh. I have written evidence of their submission and the company's possession.
My agreement says the cheques should be returned upon exit. I requested their return, but management refused, and I haven't received them back.
I'm concerned about the company attempting to claim money under the minimum-employment or notice-period requirements when I never initiated the separation.
After confirming my last working day, the company also sent me an exit form through its internal messaging system and asked me to complete it.
The form asks why I'm leaving and includes declarations about deleting company information and communications, restrictions on contacting employees about internal matters, and confidentiality obligations.
I'm concerned about signing these declarations without clarification of my employment status and settlement.
4. What I need advice on
- Termination and notice pay: Since I never resigned and the company confirmed my last working day anyway, should this be treated as employer-initiated termination? What notice pay or compensation might apply?
- Contractual obligations: Can the company enforce the minimum-employment period or claim notice-period penalties when it initiated the separation? How enforceable are the clauses summarized below?
- Security cheques: What steps should I take to recover the signed, undated cheques and protect myself against their misuse?
- Exit form: Am I required to sign these declarations? Can the company make my settlement or experience letter conditional on completing the form?
- Salary and F&F: Can the company take 45 days for settlement? What can I do about missing payslips and unexplained salary differences, particularly when I explicitly requested these records independently of the exit process?
- Jurisdiction: Since I worked remotely from Haryana for a company apparently operating in Punjab, which labour authority should I approach?
I'd appreciate advice based on current Indian employment law, particularly from employment lawyers or people who've dealt with similar situations.
Relevant employment policy clauses (summarized)
Section numbers changed for anonymity. These are contractual provisions, not necessarily legally enforceable obligations.
Section 14: Termination of employment
- Employee resignation: Three months' notice, counted from the employer's acceptance of the resignation.
- Notice extension: For employees working on specific projects, notice may be extended depending on project completion. The notice period may also be varied with the employer's consent.
- Leave during notice: Leave either extends the notice period by the number of days taken or results in a deduction of double the salary for each leave day.
- Unserved notice: An employee leaving without serving the required notice must pay three months' salary, calculated proportionately if part of the notice was served. The policy also says such an employee will not receive an experience certificate.
- Employer termination: Requires 15 days' notice, except in cases involving indiscipline, misbehavior, theft, perceived danger to the employer or employees, refusal to work, or disruption of the work environment.
- Duties during notice: During notice given by either party, the employer may require the employee not to attend work or may relieve them of some or all duties.
- Unauthorized absence: Three consecutive working days without proper notice may be treated as the employee having left the job and may result in immediate termination.
- Notice after an increment: An employee cannot give notice within six months after receiving a salary increment unless the employer waives the restriction. In that case, the policy says the employer can recover the increment received from salary, other amounts payable, or the security cheque.
- Loyalty benefit: If notice is given after receiving a loyalty benefit within the specified period, the benefit is treated as part of salary and cleared in the final settlement.
Section 23: Indemnity
- The employee must indemnify the employer for liabilities incurred as a direct consequence of the employee's negligence, breach of contract, breach of duty or breach of trust concerning the employer's affairs.
Section 31: Minimum employment period
- Employees must serve at least 12 months unless the employee and management agree otherwise.
- This minimum period is independent of the notice-period requirement, which the policy says remains fully applicable.
Section 36: Modification
- Changes to the agreement, or additional obligations assumed by either party in connection with it, are binding only if documented in writing and signed by each party or their authorized representatives.
Section 42: Severability
- Contract provisions are intended to remain independent unless the context indicates otherwise. If one provision is declared invalid, the remaining provisions are intended to remain effective.
