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F & f and releaving letter is on hold by employer

(Querist) 22 October 2017 This query is : Resolved 
Dear sir,

I have joined in a private company in last january 2017 and resigned & releaved on september 2017.
but in my F & F settlement they said that Rs 50000/- will be deducted as the relocation/Joining expenses incurred to me by the company and the balance will be paid. They said as per HR Policy/Manual this relocation expenses deduction will be done if the employee leaves the company within a year. Now i have gone through the HR policy this provision is there. This provision was not informed me by HR either oral or verbal during my interview process and offer letter.

My question is that, this is an important thing to disclose to the candidate during selection process so that candidate can take the decision to join or not. How outsider knows the HR policy before joining the company about the relocation expense deduction if the employee leaves the organisation.

They said after deducting the relocation/joining expenses, they are ready to release balance amount along with releaving letter, if i said ok. For this am not willing for deduction of relocation/joining expenses as they are not informed me either oral or verbal during my interview/Offer letter/Joining.

Your are requested to give your input, how to go ahead please.

Thanks & Regards
Chiranjeevi K
Isaac Gabriel (Expert) 22 October 2017
You can start legal sction, but it will prolong and prevent your future for want of relieving from the job.cosult lawyer and decide.
Rajendra K Goyal (Expert) 23 October 2017
Ignorance of law / rules may not be acceptable. Legal avenue would be time and cost consuming.

Try to have amicable settlement.
Kumar Doab (Expert) 23 October 2017
What is issued to you; offer letter or appointment letter or both?
Usually offer letter is issued before joining and appointment letter is issued/supplied on DOJ.
Is it mentioned in any of these or any other communication that service rules/conditions, benefits etc shall be regulated by said HR policy and the HR policy is handed over to you or is available at say; HR portal that employee can log in and access?
You have posted that in offer letter there is NO mention of clauses on Joining/Relocation expenses.
Is it also not mentioned in appointment letter; if it is issued to you!
Kumar Doab (Expert) 23 October 2017

You have posted that you have gone thru HR policy.
When was HR policy supplied to you?
You are right to the extent that the T&C should have explained and supplied during interview, alongwith offer letter, appointment letter.

Has HR stated in writing that if you do not accept FnF statement in writing the relieving letter shall not be issued / supplied?
Such tactics is known to be applied by HR so that the desired candidate joins and recruitment exercise does not fail and outgoing employee is somehow subdued and deterred from approaching any authority, court.

You have the option of writing (letter thru Redg. Post/personal email) to HR Head and good offices of appointing authority, MD,CEO explaining that neither the condition of clauses on Joining/Relocation expenses (refund/deduction/adjustment) was explained/issued/supplied to you in writing nor any policy say; HR policy explained/issued/supplied to you in writing before and on date of joining or later.
Try to resolve by applying your skills while in employment and at the same time build some irrefutable written record, under proper acknowledgment, for future use, if the need be, at appropriate time in appropriate forum.
Kumar Doab (Expert) 23 October 2017

You may take next employer in confidence so that they support you and absorb you on the strength of copy of offer letter/resignation letter/its POD/acceptance/FnF statement etc and stand by you and secure your next employment.
Download the record of appreciations/incentives/ NO tasks pending at your end/handover of charge-assets/NOC-NDC etc ….
chiranjeevi (Querist) 23 October 2017
Dear Kumar Doab Sir,

Thanks for your valuable inputs.
I recd offer letter by mail before joining and physical copy of offer letter at DOJ. No appointment letter issued.
They were not informed me either verbally during interview process or by orally by offer letter.they have not told me on the DOJ also.
I came to know the policy after 6 months of joining before 3 months of leaving the company about the policy through HR portal.

HR not stated in writing that if you dont accepted the F&F statement in writing, the releaving letter shall not be issued but they are saying by phone.

Pls advice on this ?
Dr J C Vashista (Expert) 24 October 2017
Consult a local lawyer practicing service matters for recovery of your entitlement / amount outstanding against the employer.

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