Reliving date issue
Asad
(Querist) 21 May 2016
This query is : Resolved
Dear Experts my query is regarding relieving date on my reliving letter.
I was working with an MNC bank in gurgaon which i left on 22nd April 2011 and joined another company on 23 April. When i received the relieving letter from my previous employer the reliving date was mentioned as 23 April and in my full n final they also paid me for 23 April.
I raised the issue with HR and they told me that it can not be corrected. I contacted my manager and he confirmed on email that my last working day was 22 nd April only. I gave it to my new employer and there was no issue.
Now i want to change my job in company X but they are not considering the manger's email confirmation. They want it from HR which make sense. I spoke to HR again(after two years) and they are saying the same thing that it can not be correct.
So what should i do as this issue will remain forever? Do i legally have any option? Where i can get the help from?
Kumar Doab
(Expert) 21 May 2016
You have posted that:
"I raised the issue with HR and they told me that it can not be corrected."
Did you ask in writing and did they tell in writing?
Did you attach the copy of your notice/resignation and email of Manager while asking HR in writing?
Did the bank issue and supply FnF statement, salary slip of last month, Form16, PF a/c slips, exit forms and did it mention LWD as 23rd April 2011, in it?
It is a matter of common sense that if an error occurs then it needs to be corrected at once upon noting the error.
The banks in India, be it Indian/Gramin/Nationalized/Foreign/MNC etcare governed by various enactments............say while dealing with customers e.g.;
Fair Practices Code and it is enshrined it such code that 'We will correct the mistake at once'.
As a banker you would be aware of it.
HR personnel be it in bank or any other establishment are under obligation not to err, more so in Banks as it deals with public money.
How can a HR personnel process salary for even a day more or for even a day for which employee has not worked?
As a banker and as an employee you would be and should be aware that HR personnel is not your employer and is just another employee like you. YOu should have escalated to the good offices of appointing authority,MD, Chairman.
Now you may write under proper acknowledgment that you have been pointing out the error and you have been getting a reply that...................it can't/won't be corrected from Mr/Ms...........who stood volt faced................and it has been affecting your employability and causing undue harassment, and should be corrected .
at once in writing with a copy to you by Redg. post only.
What was your designation and nature of duties in appointment letter and in practice?
Asad
(Querist) 21 May 2016
Thanks for the reply sir.
It want to make the correction of date. It was the year of 2014 not 2011.
Yes they issued me FNF and they paid me for 23 Apr. I offered them to return back one day salary but they did not agree.
Unfortunately it all happened over the phone. But now i have in written from my manager that my last working day was 22nd April.
I will try to get in touch with HR head and see what they say
Kumar Doab
(Expert) 21 May 2016
You have not replied to all points.
Attach the copy of your notice/resignation and email of Manager while asking HR in writing!
Escalate to the good offices of appointing authority,MD, Chairman.
Rajendra K Goyal
(Expert) 21 May 2016
Author,
Please reply the information sought by the expert Kumar Doab.
RAVI K GOUD
(Expert) 22 May 2016
Mr. Ashad, Did you receive any objection from the New company you joined?
If not, why r u unnecessarily bothering about the date? Just forget.....
or else,
If any objection, as there is no mistake from your side, take up the issue in writing with the previous company as well as the new one by stating all facts. Human errors/mistakes are very common and they are curable, if any of the sides does not want to rectify the same even after written requests, just send a legal notice to them for the consequences arise out of this mistake in future and make responsible the company which is liable for the same. Then every thing will be settled otherwise they wont listen.
At the same time you should be strong enough to face the situations.
T. Kalaiselvan, Advocate
(Expert) 24 May 2016
Experts have advised very well and suggested what is to be done in the follow up.
You may follow the suggestions made to get relief and remedy to the problem.
Kumar Doab
(Expert) 24 May 2016
There are many threads on such topics at LCI alone and the situation is prevalent in real life.
Once the error is committed the HR personnel do not want to accept the error and probably make such errors willfully ( pay for a day more or even for shortfall in notice period or even mention LWD as per expiry of full notice period as in appointment letter than notice period tendered by employee) is order to step on the toes of employee, and harass.
In today's environment the next recruiter has to put everything under magnifying glass and reject to accept the variance if any.
It is a clear case of harassment by HR (Past and Present) and employee should escalate to good offices of appointing authority,MD and exhaust the internal options.
Thereafter the recourse is thru an able counsel.
The author is not replying hence further response is not posted.
Dr J C Vashista
(Expert) 25 May 2016
Very well advised by expert Kumar Doab, nothing more to add.
