Regarding relieving letter/service certificate

As per service conditions quoted by you every document should be provided to you.

Has anyone declined verbally or in writing?

Submit you notice of resignation  quoting concerned clause number in appointment letter issued to you and mention that no task is pending at your end and as a goodwill you are tendering notice  period of 12 days that should be more tan enough to complete the exit formalities if any by the company and supply you the acceptance of resignation, service certificate, relieving letter,correct FNF statement , payment of FNF dues by bank DD as per correct FNF statement,  Form 16 as per correct FNF statement, PF number and account slips/e pass book of total tenure of service, ESIC card, salary slip of all months of service, etc..............within close of office hours of last day in office i.e. dated.........................................

You may mention that acknowledgment of notice of resignation and acceptance   of resignation after expiry of 12 days of notice period be supplied to immediately by redg. post.

You may ask to whom you should handover the company property (if any) and handover of charge proper acknowledgement of whihc should be handed over to you on the spot.

Dear Sir

I have resigned on 30th Oct'13 and given Notice Period up to 11th Nov'13 as a courtsey . Though there is no Notice Period to be served as mentioned in my Appointment Letter during my Probation Period, but my  immediate boss has disagreed to relieve me on 11th Nov'13.He just clearly told me that he could relive me by mid of December'13.

Could you please guide me what I can do on this further?

This is quite illegal because he does not abide by his own company's HR policy. I have had a discussion with HR Head and he has told that no one can stop you as there is no Notice Period mentioned in my Appointment Letter because everything depend upon paper .He said do not worry, I will have a discussion with your immediate boss.

I do not understand what to do as my joining would be with Next organisation is on 12th Nov sharp which can never be extended further nor my next organization would accept me without of Relieving Letter.I'm  really feeling helpless,please guide.

Thanks

Regards

Soumick

First of all you may carefully go thru standing orders applicable to the company and extended to your designation, appointment letter issued to you……………………………

and find that if it is stated in appointment letter that your service shall be controlled by  HR policy/service rules/exit policy etc

If yes then you may go thru HR policy/service rules/exit policy etc also…………………and find out if your boss has been granted any power to accept/reject resignation and also to relieve you or not.

If company has granted any powers to this boss thru its internal communication to the manager then it is internal business of the company.

Usually such powers are granted/ withdrawn by board of the company.

Second: The HR Head is right. His statement to you also shows that no power to relieve is granted to this boss.

Third: You may submit minutes of your discussion in writing to this HR Head and put the meeting and its minutes on record. This should suffice. Still if there is any issue felt by you escalate t good offices of your appointing authority, MD. You may add that you been generous ( or choose any other suitable word as deemed fit by you) and have displayed character by tendering notice although it is not applicable to you.

And that you have properly informed Mr/Ms…………….(Boss, HR Head…….and any other) that you have to join your next venture by dated………………. And prior to leaving the company and joining your next venture you have tendered and served notice of resignation.

The good offices should intervene and inform you by letter thru redg. post to whom you should handover the charge (since Boss is unwilling) and by the close of office hours of your last day in office/expiry of notice period the acknowledgment of notice and its acceptance, acceptance of resignation, service certificate, relieving letter with good comments of conduct and performance and character shown by you, correct FNF statement, payment of FNF dues by bank DD only, receipt of handover of charge/company property (if any), Form 16, NOC/NDC, PF number, PF account slips of total tenure of service, attested copies of PF withdrawal or transfer forms, last salary slip and salary slips of all months of service etc be supplied to you by redg. post only.

The matter pertaining to job application, resignation is personal and can be communicated from personal email and should be transacted preferably by letter thru redg. post.

This should suffice.

Still if there any issues that you are unable to handle on your own, you may approach your lawyer and your lawyer would the precise way to handle the issue.

Dear Sir

I am quoting the statement written in my Appointment Letter.

It should be clearly understood that during your Probationary Period , your employment with the Company can be terminated either by the Company or yourself without any Notice.

As per my company policy I have to serve 1 year in Probation Period & at the end of that provided my work has been found satisfactory , I will be confirmed.I'm still on Probation Period as I have served only 10 months in the organisation.

             On the date of Resignation, I thought that I would be tendering my Notice Period up to 11th Nov ‘2013 to support business and also complete my Exit Formalities though there is no Notice Period during my Probation as mentioned in my Appointment Letter, However, I feel that I really had done a mistake of giving Notice up to 11th Nov’2013 and now want to strictly abide by the company Policy, i.e., Without of any Notice (as mentioned in my Appointment Letter).

So what I have decided is to go to the HR Head again and say that I want my all relevant documents by end of the day as there is no Notice .I do not want to be associated with this organisation anymore nor I want to work under this kind of Superior.What would you suggest sir?

Regards

Soumick

You may minute the discussions of 1^st meeting with HR head and ask him gently that has he taken up the matter with your Boss and appraised him properly on T&C in appointment letter issued to you. You may also request him and good offices to issue you acknowledgment and acceptance of your notice and confirm the date of relieving stated by you in notice as your last working day with company and that all docs would be provided within last day in office. The HR has already concurred that he and company shall concur to the T&C of appointment letter issued to you.

You must not forget to affirm that you are willing to handover the charge and complete exit formalities if any ( regarding which no communication has been sullied to you till date) company should inform you immediately to whom you should handover the charge and designated person should be informed in writing with a copy to you to take charge under proper acknowledgment on the spot.

If you are still in probation and your services have not been confirmed by the company then the T&C as in probation shall apply.

Although employee can withdraw the notice of resignation and tender again you may not act in haste and discuss in person with elders in the family and local lawyer and proceed under expert advice of your lawyer.

Respected Sir

I had been employed with a software company for 2.5 years (from Feb 2010 to Aug 2013) and worked as an IT professional in Pune.

Officially put in my papers and got relieved from my duties on end of August and moved to Hyderabad. It was all smooth exit and HR given me a resignation acceptance letter on my last working day and they said your reliving letter and service certificate will be provided after my F&F (they hold my last month salary).

After that I’ve follow up with HR on my F & F and they are not been provided any update on this. After a month they asked me to come to office (Pune) and meet them. They took me for a meeting with a corporate security and they have stated that they have found some irregularities surrounding "Unauthorized Data Access - Breach to Data Privacy / Confidentiality" on my laptop (that is Appraisal letters of other colleagues).

Honestly I don’t know how it came to my laptop and there is no data left when I handover my laptop. I don’t get clear explanation on this. I’ve answered to their questions raised by corporate security. Then HR manager told me that she is going to get back to me. From past one month I am following up with HR manager, she never responding to my emails. I’ve joined in a new company and that company BGC report came negative (They indicated that unauthorized content was found on your laptop, These irregularities could not be sufficiently explained by me) and they are going to terminate my employment. This is going to be a significant impact on my career.

1. When employee leave the organization how correct it is to hold last month salary, relieving letter and experience certificates. for longer time
2. If they want examine my laptop I would cooperated with them, but after I left the company they told me after one month without producing any valid evidence. (I got no due from IT dept. )
3. For me it seems to be a backlashing by HR (She never helped me with any queries when I was working with company).

Could you please advise me how to proceed with this? Is it a good idea to proceed legally? Please help me where to complaint?
Thank you in advance

Always initiate a new thread.

You have posted that:

----“It was all smooth exit”

“(I got no due from IT dept. )”

Do you have copies of exit/NOC/NDC forms signed by you and company officials in various dept from which you were asked to obtain clearance?

Employee should retain copy of each paper it has to sign or that has relevance to him.

If you have the copy of NO Due from IT then it should help you.

However the IT may claim that it issued the NDC after receiving the Laptop and the contents in Laptop was not examined. And time was required to examine all assets returned by employee for processing the FNF and relieving.

Still you should claim that the laptop was duly examined by IT before issuing NOC.

-----“there is no data left when I handover my laptop. ‘

Is it documented in any of the communications or any of the forms?

If yes it is evidence.

“I don’t get clear explanation on this.”

In that case the company has not been able to substantiate its allegation.

Moreover when the company asked to return the assets it is duty bound to check and confirm the assets are in order.

It is with limited understanding that in majority of the companies the access to internal systems of the company is thru approved LAN access/software only. The company has complete detail and record of intranet traffic, downloaded items and can produce a record.

The company has not provided any document or evidence to substantiate its allegation.

The person made in charge the female HR has been maintaining studied silence for 1 month from DOL and 1M after the said meeting.

While you have given satisfactory reply in the meeting the company before and after the meeting has not leveled any charge and has not notified the result of the meeting.

-----“After a month they asked me to come to office (Pune) and meet them. They took me for a meeting with a corporate security and they have stated that they have found some irregularities surrounding "Unauthorized Data Access - Breach to Data Privacy / Confidentiality" on my laptop (that is Appraisal letters of other colleagues).’

Did the company ask you to attend the meeting in writing and did it provide any advance for ticket or reimbursement for this meeting? Did you submit the reimbursement claim?

Have you submitted any minutes of the meeting?

“From past one month I am following up with HR manager, she never responding to my emails.”

What is stated in the emails?

------“I’ve joined in a new company and that company BGC report came negative (They indicated that unauthorized content was found on your laptop, These irregularities could not be sufficiently explained by me) and they are going to terminate my employment. This is going to be a significant impact on my career.”

Instead of supplying the written document leveling charge, and substantiating it to you the company has been indulging in supplying written reports to third parties.

Get a copy of this BGV and approach your lawyer.

This is indicator that company has held you guilty. You need to come clear on it.

-----“For me it seems to be a backlashing by HR (She never helped me with any queries when I was working with company).’

Since she was I/c of all transactions you may include her name amongst the noticees.

Approach your lawyer with copies of all docs, emails, policies of the company, narration of date wise phone calls, BGV report  etc give inputs in person, and proceed under expert advice of your lawyer.

The company has not proceeded with any legal suit against you but has shifted the burden on you.

You are affected so you need to come clear on it.

You may request your lawyer to get you injunction from issuing BGV to any company and withdraw the one issued.

You must not conceal anything from your lawyer. If you have ever downloaded the appraisal of colleagues you may tell your lawyer about it.

Let all correspondence be structured by your lawyer.

Your lawyer may prefer to issue legal notice.

Does this company have office at Hyderabad? If yes your lawyer may opine that you can agitate at Hyderabad.

Thank you Sir for a valuable advice.

1. NOC is a hard copy and it was signed by all the departments SPOC persons (Facilities, Finance, IT & HR), I was submitted hard copy to HR. I got the resignation acceptance letter from HR (soft and hard copy) on my last working day.

2. I was deleted all my data before handover my laptop to IT & IT person check the health of Laptop and Issued a NOC.

3. After a month HR asked me to come and meet HR. I didn’t get any meeting invitation. Company didn’t inform me to attend meeting, they directly take me into meeting room and they called security person. After the I didn’t submit any reimbursement , I paid expenses from my pocket.

4. after the meeting, HR response:

First follow up: “It might still take some time with respect to the conversation you had with Rene from Corporate Security”

2nd follow up response is “It will make me easier to work up on if you decide to co-operate with the answers to the questions raised by Global security”

Latest response “You are well aware of the issue and the proceedings. I do not owe you any explanation on this. The company has been gracious enough to release your money, which you will receive soon.

5. I got the BGV report from my company is:

Discrepancy-

- The HR has stated that they have found some irregularities surrounding "Unauthorized Data Access - Breach to Data Privacy / Confidentiality" on your laptop.

- They indicated that unauthorized content was found on your laptop.

- These irregularities could not be sufficiently explained by you.

- Your relieving documents are not issued since you could not satisfactorily answer them

6. Company is located only in Pune, is it Ok to file complaint in Hyderabad court.

Please advise me what type of complain I can file? and whom should I sent legal notice?

1. Do you have copy of NOC issued by SPOC?

Even if NO conclude that you had obtained NOC from IT.

2. Conclude that IT employee Mr/Ms………………….thoroughly checked the lap top and found it did not contain any material that is being pointed out now.

{Even if you had deleted the files the IT was probably able to locate the downloaded and deleted files from its server.

If you had infact downloaded first and deleted later then you should not conceal it from your lawyer.

The items being objected upon by HR are not maps of borders of the nation.}

4. The company has made you apply for and obtain all kind of NOC from all type of so called SPOC as per its internal process and you have complied with it. After due diligence and verifications the NOC was issued.

The company found everything ion order and has released your FNF dues also.

It has not leveled any charge in writing on you as it may invite legal action.

5. Ask your lawyer and if your lawyer advices file refund of expenses for meeting and claim that you have sufficiently explained everything on all contentions and apprehensions and company has released the withheld amounts thereafter.

If the company has an office in Hyderabad you may succeed to agitate at Hyderabad.

Or

You may have to agitate at Pune.

However the lawyer that has seen all of your docs and has analyzed your inputs in person can advice you the best.