Employer not relieving employee


Dear Sir/Madam,

I have been working in NBFC for nearly 30 months and now I have resigned from the organization on 4/7/13 asking them to relieve me by 31/07/13 and told them that i would pay the salary in lieu of notice period.

Now my line manager and his superiors are not relieving me and they are asking me to serve notice period of 90 days. Whenever i raise the question of my relieving all pass on the bucks , line manager to his superior, superior to regional HR etc but no one is giving me correct answers.

Few things to note:

Terms of Employment:

“-----either party may terminate the services by giving three months notice or salary in lieu of notice at company’s discretion”

Annual leave:

I have total of 45 days of annual leave which usually gets set off towards the notice period. However as per our HR manual this too could be set off at the company discretion.

Now kindly suggest legal course available with me, I seriously doubt they would relieve me and I also fear that my prospective employer will roll back my offer.

Since no one is acknowledging over mail (written confirmation) regarding my relieving, can I simply walk off  by writing a mail to all concerned with cc to myself stating “accept this my mail as formal notice of resignation, since no written communication has been made to me and to accept (1) a cheque amounting XXX favoring company towards notice period (2) ID Card and other documents sent through registered post” to regional HR and at same time requesting them to  issue relieving letter and experience certificate to me at my residence address.

 

Regards

·        

 

 
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ADVOCATE

Your action of sending mail is totally justified, but you need to mention to all that

 

"since there is no reply to my advance notice of my severance of relationship from the company, it is now deemed that company has accepted my resignation on notice and therefore in the circumstances I request you handover me my payable dues and experience certificate as the earliest.


Total likes : 2 times

 
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FIN

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

You have posted that:

 

----------“now I have resigned from the organization on 4/7/13 asking them to relieve me by 31/07/13 and told them that i would pay the salary in lieu of notice period.’

 

Title this communication as ‘Notice of Resignation’, address it to good offices of Appointing Authority, MD,CEO, Chairman……………….and mention notice period tendered by you, effective date of resignation/last day in office……………..and affirm that the notice pay may be adjusted in FNF statement/settlement……………………….and ask to supply you the acknowledgment/acceptance, correct FNF statement, payment of FNF dues by bank DD, Form 16 as per correct FNF statement, PF number/account slips for entire period of service/attested copies of PF withdrawal-transfer forms(submit the forms), NOC/NDC, service/work experience certificate, relieving letter, payment of Gratuity( submit FormI)….etc within and up to last day in office i.e. dated………………………..

 

Mention that you have completed all tasks on hand and nothing is pending and now onwards duties may be assigned on day to day basis which can be completed within and up to last day in office, and good offices may advise all concerned with a copy to you to ensure smooth completion of exit formalities well in time, and that to whom you should handover the charge/company property (if any) under proper acknowledgment on the spot.

 

Cover your ground well in notice of resignation and subsequent representations………………and build favorable record while in service.

 

If workable at your end suggest internal/external replacement and affirm to train within and up to your last day in office (dated……………….as suitable to you).

 

The purpose of notice period is: the employer can put his house in order, employee can firm up his next venture…………………

 

The charge is handed over to HOD………………………

 

---------“Now my line manager and his superiors are not relieving me and they are asking me to serve notice period of 90 days. Whenever i raise the question of my relieving all pass on the bucks , line manager to his superior, superior to regional HR etc but no one is giving me correct answers.’

 

They are not your employer. If the employer wishes to involve them in exit process the good offices may inform you in writing.

If as per printed/circulated version of the policy any of these personnel are listed, and if you have approached them, cover it in minutes of meeting addressed to good offices, under proper acknowledgment, with a copy to you.

 

---------““-----either party may terminate the services by giving three months notice or salary in lieu of notice at company’s discretion”’

 

 

Has the company stated that if it initiates termination, the employee has the discretion of accepting the notice pay in lieu of notice????

The employment contracts should promote equitable discretion……….

 

Even if company claims that employee has signed the contract and T&C stated in it the company should communicate its stand and response in writing………………………..e.g. its discretion to reject notice pay in lieu of notice………………

 

 

The company may claim that shortfall in notice period and exit before 90 days has caused it loss/irreparable loss……………………….resignation was not accepted/employee was not relieved/ employee has abstained-absconded-absented etc……………………

You need to cover all while in service on record with a copy to you, so that post your exit you are able to handle successfully and transfer the onus of line manager-HR by name/good offices and thus company………………..

 

 

---------“I have total of 45 days of annual leave which usually gets set off towards the notice period. However as per our HR manual this too could be set off at the company discretion.’

 

You are right that it is discretion of employer to adjust annual leave against shortfall in notice period.

 

Otherwise company shall encash the annual leave (paid leave/EL) in FNF statement/settlement.

Company must have entrusted this task to some employee in HR. If required you can represent to him with a copy to good offices, and escalate to good offices if the need be.

 

 

----------“I seriously doubt they would relieve me and I also fear that my prospective employer will roll back my offer.’

 

You are right. The current employer has already indicated its decision verbally in office.

 

It is felt that the requisite relieving letter/ service/work experience certificate shall not be issued and supplied to you.

 

It is time to take next employer in confidence and place on record even if by email that you can provide copies of ‘ONLY’ notice of resignation, final resignation, proof of dispatch, POD ( obtain POD/certified copy of runs sheet of postman from PO) and you should be appointed on the basis of these documents only. You may mention that during the interview you have informed that as per your appointment letter notice period is…………………………………….and the DOJ given by the company is not 3 months from your date of selection/offer letter…………………….and the current employer may not issue following documents………………….

 

And that you can provide only if these are supplied to you…………………..

 

Cover your ground.

Reliving letter implies that employee has been properly relieved/nothing is due against him…………………and employee should be able to substantiate that nothing was due against him, no task or assignment was pending…...

 

Submit a list of payables by you to company and by company to you………………….and demand that company should confirm that it is correct or cite the errors to you if any……………………..of course under proper acknowledgment preferably by redg. post……………….

 

 

---------“ Since no one is acknowledging over mail (written confirmation) regarding my relieving, can I simply walk off  by writing a mail to all concerned with cc to myself stating “accept this my mail as formal notice of resignation, since no written communication has been made to me and to accept (1) a cheque amounting XXX favoring company towards notice period (2) ID Card and other documents sent through registered post” to regional HR and at same time requesting them to  issue relieving letter and experience certificate to me at my residence address.’

 

 

Submit reminders post notice of resignation and then final resignation and names of company’s employees to whom you approached for handover and if possible obtain acknowledgment of handover.

 

Employee should apply rapport, goodwill, and exceptional levels of persuasion, persistence, reasoning, negotiation skills……………………………….build favorable record on record, and resolve the matter while in employment and avoid litigation.

 

If confrontation is unavoidable the record should be sufficient to establish that employer/line managers/HR stepped on toes of employee and has ill intention of spoiling employability/source of livelihood of the employee……………………………..

 

It shall be appropriate to approach a competent and experienced labor consultant/ service lawyer now, as ap and show the appointment letter, standing orders of the company (if any) Shops and Establishments Act of your state, notice of resignation, and any other communication on record which is relevant and can matter, spend quality time with your lawyer, give inputs in person and proceed under the expert advice of your lawyer.

 

Let opinion of your lawyer that has seen all docs and analyzed the inputs given by you be final on all points discussed in this thread………………and let your lawyer structure and draft all representations.

  You may fine tune your strategy as suitable to you and workable at your end.

 

 

 

 
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