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sudheer (Salesa Manager)     15 November 2012

Employer accepted resignation but not releaving.

Hi every one. I am sudheer worked as a manager in an organization where I have submitted my resignation on 08/10/2012 with a request to management to releave me on or before 20/10/2012. On 09/10/2012 I have received a mail mentioned Management is glad to accept your resignation with an immediate effect provided you discharge the following responsibilities, for which you are accountable as a manager, also releaving will be subject to the conditions as laid down in the company R&R (Two Months notice period or Money to be paid) for the balance notice period). I have informed to management that I am ready to pay for not serving the notice period. In a mean time of my notice period management assigned an additional responsibility of payment collection from parties and not releaving me on time as per my resignation. I have taken personal interst on payment collection even after my resignation deadline and submitted cheques collected from parties. After finishing responsibilities given to me by management, I sent a mail to my managemeny on 02/11 that I want to get releaved by today. But management is seems to be tricky to releave me and sent a mail informing that I am not reporting to work or not communicating over the phone (Even I am in touch with management over the phone) and asking for to continue work untill management gives final releaving option. I left the company on 03/11/2012 intimating I want to get releave by 02/11/2012 at any case and asked management to send a Full and Final Settlement statement so that I can pay and get official releaving letter for which I haven't received any reply. Recently I have an un official information that management is tried to send a draft mentioning your Notice period void for not being reporting to work and might intersted in asking for a payment for 2months notice period even I worked 20days during notice period and one month salary left with company. I need an advice from people in this community about how to handle this issue or can I issue any legal notice to managent for not releaving me on time as per my resignation letter.


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 3 Replies

M.S.R.Murty ( Manager (Admn))     15 November 2012

Dear Mr. Sudheer,

It seems what you have discharged responsibilities which assigned by the Company  after your resignation not recorded on paper.  Issue a formal notice to the Company Management if possible in the name of  Managing Director by explaining all circumsatances from the resignation to discharge of assignments by providing 15 days due time for settlement.  You will get reply from them and on basis of the same you can proceed  legally.     

Kumar Doab (FIN)     18 November 2012

Mr. Murthy has given valuable advice. Kindly follow it.

You may write under acknowledgment to good offices of appointing authority, MD, Chairman, Company Secretary and explain and clarify that you have been attending to the tasks assigned to you by Mr/Ms…… designation/dept……address on dated…….and have remained in touch on all days.

You may emphasize that you have been asking in office again and again to give you a specific date so that your next venture is not affected and you had already consented to tender notice pay vide correct FNF statement.

You were asked to help the company to arrange for the ………tasks within dated………which you completed.

What is the system for reporting and marking attendance? Have you adhered to it during notice period? In case of variance you should be able to clarify everything at appropriate time however at the moment if you were asked to perform only specific tasks assigned to you during notice period and not to attend office to mark attendance {verbally or in writing} you should explain that and should provide day wise a/c of duties performed by you, and relate it with day wise reporting by phone or in person. Companies do ask the employees at times to not to attend office during notice period.

“In a mean time of my notice period management assigned an additional responsibility of payment collection from parties and not releaving me on time as per my resignation.”

You may mention that additional task was assigned to you by Mr/Ms………designation/dept……address on dated…….and although it was not portfolio  as buyers have to make payments to company you helped the company and it was completed by you within dated………which was given to you by Mr/Ms……and during this period you kept Mr/Ms…….properly informed, although you had requested the company that your last day in office shall be dated……..although it affected you for your next venture { and you agreed that company may adjust notice pay}you continued to co operate with company and on dated…….you have finally resigned.

 “sent a mail informing that I am not reporting to work or not communicating over the phone (Even I am in touch with management over the phone)”

Send a fitting reply to this email and provide list of all calls received by you and made by you and all tasks performed and completed by you.

You may rather request the good offices to adjust notice pay [you may take a stand that notice pay be calculated @ Basic pay + DA {if DA is mentioned in your salary slip}]

The company {rather some officials} seems to be tapping on the line that you have not stayed till the date given by company {even if you have completed all tasks assigned to you}and have not come forward for proper relieving or .

Did company designate an employee for handover and did you handover the charge/company property to the company personnel designated by company?

If yes you may confirm the same to good offices or affirm that you are willing to cooperate.

Keep your side absolutely clean.

 

sudheer (Salesa Manager)     19 November 2012

Mr. M.S.R Murty and Mr. Kumar Doad thankyou very much for your valuable suggestions. 


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