Service matters regarding notice period and relieving from service
swankit
(Querist) 02 July 2013
This query is : Resolved
Dear Sir,
I have been working in a MNC company for last one year and as per the policy, during probation i need to serve one month notice and probation is 6 months. The company has extended my probation for 6 months more. at end of 6 months extended probation the co asked me to put in papers or else they will sack from service. With fear of sacking i put in paper and gave one month notice and got HR accepted immediately. All clearances like my loan, keys etc i have done the formalities. The company is not paying me salary from the effective date of relief. Now the HR is playing with me and not relieving me.
Sir, my question is, after serving due notice period and clearing my loan liability, whether the company can take any action against me? What i need to do get relieving from the service? Can I take any action on the company for denying further opportunity by not relieving me? Sir i need your urgent support on this matter.
Regards
swankit
Raj Kumar Makkad
(Expert) 02 July 2013
The action of the company in the given case is illegal hence you need to serve a legal notice to it through your lawyer.
Kumar Doab
(Expert) 02 July 2013
You have posted that:” gave one month notice and got HR accepted immediately. “
If you were not allowed to serve the notice period and relieved with immediate effect the company should tender notice pay to you.
Otherwise the resignation can not be accepted before effective date of resignation tendered by employee:
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998
(http://www.indiankanoon.org/doc/1452145/)
11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.
Reliving letter is issued post all settlements by employee and signifies nothing is due against the employee and the employee has been properly releived. You have properly resigned; your resignation has been accepted with immediate effect. Company could have asked to handover the charge, company property, obtain if required NOC from various depts……………………
If you have complied to all demand made with you then you have completed your contractual liability and now company should not sit on relieving letter, and supply it along with acceptance of resignation, work experience/service certificate, correct FNF statement, payment of FNF dues, Form 16 as per correct FNF statement, last salary slip and for all month’s of employment, PF number/account slips for entire period of service/attested copies of PF withdrawal or transfer forms, NOC/NDC etc………………………
If FNF statement is wrong you may decline to accept it in writing.
HR has a notion that if probation period is extended the performance of employee is recorded as unsatisfactory and in such a case relieving letter is not to be given as per some internal policy of the company.
HR/Line manager are not employer. If these personnel are stepping on the toes, then employee may escalate to god offices of appointing authority, MD, Chairman, company secretary……………….
It is felt that during employment no adverse comments on conduct etc has been posted to you and no stinker, memo, show cause notice etc was ever issued to you………………….
Legal notice by a lawyer helps to drill sense into the heads.
Ask your lawyer to include the line managers/HR by name amongst the noticees…………….......and also cover that you have rendered unblemished services so that these guys do not dare to post comments to malign in personnel file and in future.
Let them run and rush to resolve your matter.
R.K Nanda
(Expert) 02 July 2013
nothing to add.
Rajendra K Goyal
(Expert) 02 July 2013
Agree with the experts, nothing more to add.
swankit
(Querist) 03 July 2013
Dear Expert Sirs
I am wholeheartedly extending my gratitude and sincere thanks to all for your valuable advice. Sir, now the company has sent a letter with various terms and conditions with indemnity clauses which i need to sign before releasing from the services. I am denying to sign this citing unreasonable terms and conditions. I need discuss with an expert in Bangalore, pls furnish the contact and advise.
Regards
Swankit
Raj Kumar Makkad
(Expert) 03 July 2013
You find the suitable expert from Banglore in the list of lawyers and do as desired.
swankit
(Querist) 04 July 2013
Thank you Raj Kumar Sir.
Guest
(Expert) 20 June 2018
Madam, what is the logic and utility of your agreeing with the experts AFTER 5 YEARS, when the problem has already solved 5 years ago?
Guest
(Expert) 20 June 2018
Madam, what is the logic and utility of your agreeing with the experts AFTER 5 YEARS, when the problem has already solved 5 years ago?
Guest
(Expert) 20 June 2018
Madam, what is the logic and utility of your agreeing with the experts AFTER 5 YEARS, when the problem has already solved 5 years ago?
Guest
(Expert) 20 June 2018
Madam, what is the logic and utility of your agreeing with the experts AFTER 5 YEARS, when the problem has already solved 5 years ago?
Guest
(Expert) 20 June 2018
Madam, what is the logic and utility of your agreeing with the experts AFTER 5 YEARS, when the problem has already solved 5 years ago?
Guest
(Expert) 20 June 2018
Madam, what is the logic and utility of your agreeing with the experts AFTER 5 YEARS, when the problem has already solved 5 years ago?
Guest
(Expert) 20 June 2018
Madam, what is the logic and utility of your agreeing with the experts AFTER 5 YEARS, when the problem has already solved 5 years ago?
Kumar Doab
(Expert) 20 June 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can also help you with many citations where courts ( Local courts, High Courts, Apex court) have penalized the employers/establishments with exemplary penalty/punishments ..........and in monetary terms to the tune of Lacs for not issuing the relieving letter..
Kumar Doab
(Expert) 20 June 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can also help you with many citations where courts ( Local courts, High Courts, Apex court) have penalized the employers/establishments with exemplary penalty/punishments ..........and in monetary terms to the tune of Lacs for not issuing the relieving letter..
Kumar Doab
(Expert) 20 June 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can also help you with many citations where courts ( Local courts, High Courts, Apex court) have penalized the employers/establishments with exemplary penalty/punishments ..........and in monetary terms to the tune of Lacs for not issuing the relieving letter..
Kumar Doab
(Expert) 20 June 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can also help you with many citations where courts ( Local courts, High Courts, Apex court) have penalized the employers/establishments with exemplary penalty/punishments ..........and in monetary terms to the tune of Lacs for not issuing the relieving letter..
Kumar Doab
(Expert) 20 June 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can also help you with many citations where courts ( Local courts, High Courts, Apex court) have penalized the employers/establishments with exemplary penalty/punishments ..........and in monetary terms to the tune of Lacs for not issuing the relieving letter..
Kumar Doab
(Expert) 20 June 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can also help you with many citations where courts ( Local courts, High Courts, Apex court) have penalized the employers/establishments with exemplary penalty/punishments ..........and in monetary terms to the tune of Lacs for not issuing the relieving letter..
Kumar Doab
(Expert) 20 June 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can also help you with many citations where courts ( Local courts, High Courts, Apex court) have penalized the employers/establishments with exemplary penalty/punishments ..........and in monetary terms to the tune of Lacs for not issuing the relieving letter..
Kumar Doab
(Expert) 20 June 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can also help you with many citations where courts ( Local courts, High Courts, Apex court) have penalized the employers/establishments with exemplary penalty/punishments ..........and in monetary terms to the tune of Lacs for not issuing the relieving letter..
