Sai Raghava (NONE) 13 December 2013

Resignation accepted, but hr asking for money.

This is continuation with my previous question, which was almost solved.

Yesterday, to my resignation mail, my manager has responded accepting resignation and stating that, "You will be relieved from services from XX cmny on 13th december 2013. Please co-ordinate with HR for further steps".

When I asked HR what are the steps, she told : "to get your relieving letter you have to pay the notice recovery and since you are just 2 months here, not involved in any project we need money to issue your relieving letter".

I replied, I'd like to serve for notice period, she is not accepting that even saying: "we are not interested in keeping you for next 2 months".

I need relieving letter to show on date of Joining to my new employer. After resignation acceptance from reporting manager is this acceptable?

Moreover, I have not even completed probation period which is for 3 months.

How to proceed, should I leave without paying money and relieving letter?

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2 Replies

Kumar Doab (FIN) 13 December 2013

Enough has already been discussed in your previous threads:

https://www.lawyersclubindia.com/forum/Delay-in-issuing-relieving-letter-89520.asp#.Uqqu0NIW1MA

https://www.lawyersclubindia.com/forum/Current-employer-reporting-manager-threatening-me--93495.asp#.UqqvLNIW1MA

You already know which are the lawful authorities to approach in case of difficulties.

>>As per:

---Model Standing Orders : Notice Period during probation period is NIL, hence there won’t be any notice pay to be paid by you.

---Andhra Pradesh Shops and Commercial Establishments Act. Notice period for service period less than 3 months is NIL.

Hence there won’t be any notice pay to be paid by you.

>>As per:

-- statement of HR as posted by you: you are not involved in any projects.

This shall mean that no tasks are pending at your end.

Hence you must write in notice of resignation or subsequent communications that’ you are not involved in any projects no tasks are pending at your end’.

--statement of your Manager "You will be relieved from services from XX cmny on 13th december 2013.”

If you have tendered notice of resignation and in your notice of resignation or subsequent communications you have mentioned notice period/last day in office then if company is relieving you before expiry of notice period then company should pay you wages for the shortfall in notice period.

You may note that company can not accept resignation before the expiry of notice period (date of retirement chosen by employee) given by employee and there are judgments by Supreme Court of India to this effect.

Hence you do not have to pay any notice pay recovery to company but the company has to pay the notice pay to you.

>> As per your statement:

“I replied, I'd like to serve for notice period, she is not accepting that even saying: "we are not interested in keeping you for next 2 months".

If you have affirmed to serve the full notice period but If the company is not interested in keeping you for the tenure of notice period it can voluntarily offer to tender notice pay to you.

Instead of HR you should communicate with appointing authority, MD etc.

Your lawyer can very well handle your matter for you.