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Anukul Tiwari   28 January 2018

Full and final settlement and experience letter

Hi Sir / Mam I resigned from my office on 27 Nov 2017 and served full notice period of 2 months till 25 Jan 2018 but on 25 Jan 18 my manager washed my brain to take back resignation and unfortunately I did that. Now I am not willing to join again. Will I get may last month salary and experience letter ?? Can employer make me liable to join the company again or can they treat me absconding ?? Please help me....


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 11 Replies

G.L.N. Prasad (Retired employee.)     28 January 2018

How any outsider  can help you ?  Now it is the responsibility of your Manager, who washed your brain to restore all what was achieved by you in the past and present sacrifice.  Once a resignation letter is taken back, it is presumed that you are continuing to work and absence any will be treated as leave on invented medical grounds.

Anukul Tiwari   28 January 2018

Hi Prasad Thanks.. I want to know can employer hold my experience letter and full and final settlement ??

Anukul Tiwari   28 January 2018

Hi Prasad Thanks.. I want to know can employer hold my experience letter and full and final settlement ??

G.L.N. Prasad (Retired employee.)     28 January 2018

The position remains Status quo as it was one day before resignation.  You may have to refund the settlement benefits and return experience certificate, once you wish to continue the same old post, and continued working even after such resignation, and there is a record for withdrawal of resignation, acceptance by them, and your continuous functioning after such withdrawal of resignation (Attendance record)

You can not have the cake and eat it too.  If some one has prevailed another...Either the employee is weak hearted or his superior can convince or overpower thinking of his subordinate.  Finally it is the person that has yielded, and one should not blame other who convinced.

Anukul Tiwari   28 January 2018

Ok sir So what would be if I stop goin to company ??

Kumar Doab (FIN)     28 January 2018

Did you take back the resignation in writing?

Has the company accepted IT in writing?

Subsequently has the Manager/Company provided you with any better terms e.g; pay package/position?

Are you attending office daily and marking your attendance?

 

Did you consult elders of the family, seasoned employee’s/trade union leaders, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service  matters of unshakable repute and having successful track record?

Employee should always consult before acting on his/her own!

The properly informed employee and one that consults can defend his/her interest.   

Kumar Doab (FIN)     28 January 2018

 

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

 

Why do you feel that employer shall block FnF settlement and Experience letter?

Is next employer willing to absorb you without these?

 

Reply point wise to all points and you shall be thoroughly supported.

Kumar Doab (FIN)     28 January 2018

Employee must not abscond/abstain/absent...................

G.L.N. Prasad (Retired employee.)     28 January 2018

To be simple if you have withdrawn the resignation, and still not attending the office is treated as indiscipline, and now you are giving them opportunity and purchasing the problems to disturb your peae of mind with unhealthy assumptions, after taking a firm decision.

Anukul Tiwari   28 January 2018

Ok so in conclusion i have no option except joining office ??

Anukul Tiwari   28 January 2018

If I not join then my case will be treated as absconding right ??

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