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Rajeev D A (Logiitics Manager)     13 July 2016

Employer not issuing full and final and relieving letter

Dear Experts,

I had been working as a Branch head with a Private Limited company (Freight & Logistics) based in Mumbai and having its Head office in Gurgaon.

Due to difference of ideologies and the company having no SOP and system in place, I submitted my resignation on 13/05/16 and my last day at work during notice period was 12/06/16. Today it is exactly 2 months since I have submitted my resignation and during the last one month, I have been sending regular reminders to my top management and finance and hr departments. There are just accusation coming from the HO towards losses to the company for accounts I had been handling. Whereas as mentioned above, due to their management having no SOP in place, I cannot be held responsible for their being in an improper state in handling issues.

Around the start of this year, the company had nominated me to attend a 6 day seminar on a work related course for which I received a certification from the conducting authority. Understood from the finance desk at HO that the course fees of approx Rs.20,000/- will be deducted from my final settlement.  CAN the company deduct the course fee from my salary for which they nominated me (for the interest of their company).

Please assist with your guidance towards the above as my job prospects are being hampered due to non availability of a release order from my previous employer.

best regards

Rajeev D A


 6 Replies

Kumar Doab (FIN)     13 July 2016

Did the company communicate anywhere, anytime that the expenses for het course shall be born by you, in full or in part OR if you separate by resignation say within ......................days, expenses for het course shall be born by you, in full or in part?


Did you narrate your greivances before issuing notice of resignation , greivances and/or reason for resignation in notice of resignation and final resignation?

Did the company issue any communique to handover the charge and accounts upon recieving notice of resignation?

Did you get satisfactory handover of charge/accounts and NOC/NDC by LWD?


Have you submitted satisfactory reply to the accustations of the company in writing under proper acknowledgment?


What are the losses sufferred?


What is this release order?


Has your resignation not been accepted?

Since the position held by you is Branch Head the company might be believing that you are not covered as 'Workman','Employee' or labor laws and civil courts shall be the remedy and you may not approach courts of law.


You may however approach a very able counsel specializing in Labor/Service matters for a considered opinion on merits, options and appropriate forum that you can approach.


Your counsel can help you draft final representation addressed to good offices of appointing authority, MD.




Kumar Doab (FIN)     13 July 2016

Repeated at:

Kumar Doab (FIN)     13 July 2016

Pls don't repeat and retain one thread only.

Rajeev D A (Logiitics Manager)     19 July 2016

Dear Mr. Kumar,

Good day.
The company has not communicated during the course nomination towards the recovery of costs from my salary
I have informed my management during submission of my resignation with reasons for my resignation and the MD came back saying that we will discuss the same in
person when he is down in Mumbai from Delhi. He came down to Mumbai during my last week of notice period still trying to convince me to stay which I refused.

During my notice period I was told to list down pendency of shipments and handover to the other staff in local office at Mumbai which I did and wrote to
the management over mail. I surrendered my company Blackberry with sim card

I have replied to the accusation raised by the company and now they are adding more defaults to me for recovery of short payment
eg: Short payment received from an overseas agent towards exchange rate applied. I had been communicating with an overseas agent for payment recovery
against a shipment cleared in November 2015. The agent had been asking for clarity towards the exchange rate applied and I have been giving them all possible
replies with supports and old mails of communication. My finance head, loacal acccountant and Director too have been in copy of all the correspondences
Not a single finance expert nor my Director replied with any clarity to the agent towards the exchange rate applied.
The company received the payments towards the shipment with a short fall of the disputed exchange rate queries which my previous company is thrusting
upon me and wanting to recover the same from me.

The company lost out on a big multi national companies business which I was co-ordinating and handling prior to my resignation. The results of our services were
quite in order and we made good profits during February / March / April 2016. The multi national company during its vendor assesment gave us good ratings in Mumbai
with the next assesment due in October 2016. During my notice period in May, the results of our services went down and the multi national threathened to withdraw its
services from our company. This was communicated to my MD. During a meeting with the MNC in May post submission of my resignation, I had informed them to start
co-ordination with other staffs form my team to carr forward the work process. The services were withdrawn by the MNC on 1st July (post my resignation / notice period)
which I learnt during my communication for FNF when my previous MD is blaming me for loosing on the MNC's account.

Releaving letter is yet to be received alongwith my FNF that includes my May month salary and 12 days in June.
Please note, I am now facing loans which I had to take to keep my home running and am also disturbed by these accusations from my previous organisation.

If my position of a Branch head is not covered under Labor laws, I am willing to go to court as my family and social life has been badly affected.

Please suggest with contact nos of an able counsel whom I can approach soonest as need to get my FNF / releiving letter

best regards

Kumar Doab (FIN)     19 July 2016

You have posted that:


"I have informed my management during submission of my resignation with reasons for my resignation and the MD came back saying that we will discuss the same in
person when he is down in Mumbai from Delhi. He came down to Mumbai during my last week of notice period still trying to convince me to stay which I refused."


Is it in writing including but not limited to MD's attempt to not to rlease you from employment although you has submitted notice of resignation!


Apparntly other matter is on record and you seem to have copies and duly replied.


As far as losses, loan, rendering unemploybale due to relieving letter etc is concerend you may notify and notice the employer, preferably under expert guidance of your able counsel.


Your counsel after due examination of docs/communications on  record/inputs can render a considered opinion on damages/torts....................

The nature of dutis is be ascertained from appointment letter and in practise.

If as per these you did not have authority to sanction (not just rcommendation) leave/increment/appoint/terminate etc then you may eb coverd by the def. of 'Workman', 'Employee'...................


Your counsel can opine on it.

At the momment regret I am not aware of any counsel at Mumbai.

You may ask around.


I shall try and if possibe for me then I may suggest by a PM. Therafter you shall have to firm up your T&C, fee etc and take it forawrd on your own.


If you concur you may send your contact details e.g. Full name, address, email id, phone numbers, along with web link of this thread...................




Trensica   06 September 2023

Although you are legally entitled to get your entire, final settlement as soon as the employer-employee relationship ends, in practice this can take up to 45 days due to administrative complications.

That being said, unless such requirements are specified in the terms and conditions of your letter of appointment, there is regrettably no law in India that can oblige an employer to provide an employee with a relieving letter or experience certificate. If such a clause is not there, you are not entitled to seek documentation (relieving/experience letters) geometry dash scratch as a matter of right. In this situation, your only choice is to ask management to give a letter of resignation, an experience certificate, etc., as soon as possible.

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