Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anindita BS (engineer)     31 December 2013

How to proceed to receive release letter & f&f settlement

Hello,

In my current organization, according to the offer letter's terms of contract, before confirmation notice period is 30 days/1 month & only after confirmation in writing , notice period is for 2 month.

although, after completion of my 6 months, I did not receive any confirmation information in paper/mail & decided to quit the company due to mainly in medical grounds. Put down my paper & mentioned my last day of work with commitment to serve notice period for 30 days for proper handover & informed my reporting manager by mail.

My reporting manager was on leave that time, I informed him by phone first , he escalated the matter to his manager on next day, made the situation unusual longer & without considering my medical issue.(suffered from Malaria 2 times recently).

 

after 15 days, when he came back to office, asked for resignation acceptance letter several times, he replied differently, in different ways by providing lame excuse, not considering my last working day (which completes in 30th day of NP), forcing me to work beyond my notice period.

Now, finally , I am just 7 days lagging behind of my last working day, he replied this time, that nothing is in hand of him, he cant help me anyway. Its only HR's responsibility & all.

 

My questions are:

1. Shall I ask for my reliving & experience letter directly on my last working day to HR ?

2. What will I do if I would not receive my release & experience letter on the expected date of reliving?

3. Since, this company not provided any resignation acceptance letter, I have only proof of resignation submission letter to employer, Can I request my next employer to consider it as a proof of my separation from this company after 30th day of notice period?

4. How will I proceed legally to demand my release & experience certificate since this employer is not located in my hometown?

5. In this whole process, the reporting manager without co-operating in the formality , he only misbehaved with me whenever I wanted to talk to him, ignored my all official emails & lastly insulted me in front of other co-workers, threatening me that if I complain to CEO, nothing will be happened. Can I take any legal step against him for this conduct?

 

Looking forward for your help.

 

Thanks in advance,

Ananya

 

 

 



Learning

 5 Replies

Kumar Doab (FIN)     31 December 2013

We appreciate you for posting that:” Can I request my next employer to consider it as a proof of my separation from this company after 30th day of notice period?”

 

 

In such a situation or even without such a situation, employee should always inform prospective/next employer preferably in writing that he/she can provide the acceptance of resignation, service certificate, relieving letter, only if the current employer supplies it, and he/she can provide only the copy of notice of resignation/resignation, and its POD and

Prospective/next employer should agree in writing to appoint on the strength of these documents only.

 

If the current employer is coercing/forcing to serve notice period of 2 months, has started resorting to harassment then it may also be written to Prospective/next employer and that due to it the current employer may not issue and supply acceptance of resignation, service certificate, relieving letter and may even post adverse comments  although no adverse comments have been issued so far...........................................and the Prospective/next employer must not cancel the appointment due to such biased comments with malafide intentions.................

 

Majority of the employers resort to such tactics and all employers are aware of such practices.

 

 

The language of the clause of confirmation of service and notice period/pay should be carefully studied.

 

If your employment has not been confirmed then notice period/pay as stated in appointment letter that is bilateral agreement signed by employer with you has to be honored by employer and should not be breached.

 

Your manager and HR are not your employer and are just another employee in the company like you.

 

They may not be empowered by board of the company to accept or reject your resignation, too.

 

Employee should address the notice/final resignation to appointing authority, MD and submit to them only and must quote reference of clause number ........................in appointment letter dated..................... issued to employee.

 

You may narrate all representations made by you so far (preferably by letter thru redg. post and attach the copy of resignation dated.....................submitted on dated...............) phone/in person/by email etc and quote dates, phone numbers...................................and brief minutes of discussion.................................conduct of HR, Line manager(s) to good offices of the company and remind the good offices of appointing authority, MD that you have complied to the clause number............................ in appointment letter dated..................... issued to you and have tendered notice period of ............................days and that your services are not confirmed, whereas you are being forced in office to serve notice period of ..................................days by Mr/Ms which is wrong and seek the intervention of good offices to issue acknowledgment of  notice of resignation, acceptance, at once by redg. post and correct FNF statement for verification and acceptance, Form 16 as per correct FNF statement, PF number-a/c slips of whole tenure of employment, salary slips of whole tenure of employment, NOC/NDC, releivingletter, service certificate, payment of FNF dues by bank DD only by redg. post within and upto last day in office..........................................i.e. dated.........................................

 

You may issue reminders and submit final resignation under proper acknowledgment.

 

 

 

You must point out that:

 

---You have served the establishment with utmost sincerity and highlight the contributions, appreciations, commendation etc............

 

--- no tasks/assignments are pending at your end and good offices may assign routine duties only that can be completed on day to day basis within and up to last day in office.

 

---and good offices should inform you by letter thru redg. post that to whom you should handover the charge if as per policy any formality of handing over of the charge is to be completed by you, and company property (if any with you) and designated person (with a copy to you) should be instructed to issue a proper acknowledgment under seal and signature on the spot to you.

 

Notice period is part of service conditions and is stated in standing orders (Certified/Model) applicable to the establishment and extended to the designation of the employee.

The service condition stated in standing orders shall prevail on any private agreement that employer may sign with employee e.g. appointment letter, service agreement, contract of employment etc....................

 

If notice period in standing orders is NIL it can not be even 1day in appointment letter.

 

Standing orders should be displayed at a conspicuous place in office: near entrance/on notice board, at a conspicuous place.


You may download all rules and policies of the company e.g; standing orders, service rules, conduct rules, HR policy, exit policy, FNF policy etc and if these are not place at a shared portal/knowledge domain of employee but is stated in appointment letter ten you may categorically state that although such a policy is mentioned in appointment letter but has never been shown and supplied to you and must be supplied to you at once today within office hours.............................and you shall issue acknowledgment of the same.......................  

 

 Employee can demand a certified copy of the standing orders from Employer or concerned HR person designated by employer or CO (certifying Officer) which might be DLC in O/o Labor Commissioner....................................against a nominal charge say Rs3/page. The Employees union must also have a copy.

 

 

As per Model Standing Orders:

- service certificate should be issued to all employees.

-FNF wages should be paid on last working day.

-Notice period is NIL during probation period and max. 1 month after confirmation.

Notice period is also stated in Shops and Commercial establishment Act of the state.

 

You have posed that “In this whole process, the reporting manager without co-operating in the formality , he only misbehaved with me whenever I wanted to talk to him, ignored my all official emails & lastly insulted me in front of other co-workers, threatening me that if I complain to CEO, nothing will be happened. Can I take any legal step against him for this conduct?”

 

Do you have nay witness, CCTV footage, (audio/visual) recording to establish?

 

Even if not rude conduct at workplace can always be reported to good offices of the appointing authority/MD.

You may highlight that you are being harassed to serve longer notice period that is not stated in appointment letter issued to you and your managers have initiated vindication..........................whereas so far you have always been appreciated.

 

You may even comment that this manager has stated that even if complaint is lodged the CEO shall not take any action against him.

 

However the companies and its HR shall always find ways and means to prove the employee wrong.

IN case of a female the consequences can be damaging.

 

If the manager, HR, employer has resorted to coercion, intimidation, threat, insult even a criminal complaint can be lodged.

 

 

Employees should form unions, IC’s, and affiliate with trade union.

 

Unions know the precise, effective and speedy ways to handle such matters.

Unions can negotiate service conditions for employees.

 

>> In case of dispute employee can approach:

 

 

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............

 

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

 

Your lawyer may ask you a set of structured questions and may opine that you are covered.

 

 

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

 

 

-Inspector under Shops and Commercial Establishments Act; : It is one of the duty of the Inspector to ensure that all dues to the separated employees are disbursed...................

 

- Inspector under Payment of Wages Act (applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. Claim should be filed within 1Y or condo nation of delay is to be obtained)

 

-o/o Labor commissioner

 

- RPFC for PF

 

-ESIC Inspector

 

-Civil Court.

 

 

It shall be appropriate to consult your lawyer and proceed under expert advice. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best. Let your lawyer/law firm fine tune, structure/draft all of your representations.

 

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

My questions are:

1. Shall I ask for my reliving & experience letter directly on my last working day to HR ?

You should have endorsed a copy to the HR originally, of course even  now you can approach the HR directly seeking the relief already sought for through your Manager

2. What will I do if I would not receive my release & experience letter on the expected date of reliving?

You can issue him a legal notice demanding the same.

 

3. Since, this company not provided any resignation acceptance letter, I have only proof of resignation submission letter to employer, Can I request my next employer to consider it as a proof of my separation from this company after 30th day of notice period?

Yes you can do so.

4. How will I proceed legally to demand my release & experience certificate since this employer is not located in my hometown?

Through Registered post with AD

 

5. In this whole process, the reporting manager without co-operating in the formality , he only misbehaved with me whenever I wanted to talk to him, ignored my all official emails & lastly insulted me in front of other co-workers, threatening me that if I complain to CEO, nothing will be happened. Can I take any legal step against him for this conduct?

You should have taken up this matter with the management/HR of your company about this issue of misbehavior of your manager with you, even now it is not late, you may take up this issue with CEO and demand for a very strong action against the manager or else  take the support of the women forum seeking action against the erring official.

Anindita BS (engineer)     01 January 2014

Hello Forum Members,

Thank you so much for replying & answering to my queries.

I would also appreciate if you kindly guide me to the steps after completion of my 30th day of notice period.

since, on 7th January, 2014 , my 30th day of notice period is going to be completed & I would proceed to HR for the release & experience documents but since as they are not going to provide me the necessary documents in time, so what message can I convey to this employer , I mean what should be the subject of my email & to whom shall I write this mail since I cant work beyond 30 days of my NP (as I am not confirmed by paper)?

 

Thanks in advance.

Kumar Doab (FIN)     01 January 2014

 

NO one shall draft the emails and letters without looking at your documents.

 

Before 7th Jan the employee may:

 

-As early as possible show the appointment letter issued by employer, along with standing orders, service rules, conduct rules, HR policy, exit policy, FNF policy etc to a competent and experienced labor consultant/service lawyer.

 

It might have been mentioned in appointment letter that service conditions shall be governed by HR policy/or some other policy as modified from time to time.

Employee should declare such policy was never shown and supplied to him/her till date.

 

 

If standing orders, service rules, conduct rules, HR policy, exit policy, FNF policy etc are not available the employee may demand from appointing authority, MD, HR head that  a printout be taken and certified and supplied within close of office hours of the same day and affirm that he/she is willing to pay the reasonable cost if any demanded by employer.

 

-- write to good offices of appointing authority, MD that his/her services are not confirmed/no letter of confirmation has ever been supplied to him/her and hence he/she has never accepted the same in writing.

 

He/she has resigned by complying with the clause number............................ in appointment letter dated..................... issued to you and have tendered notice period of ............................days and has affirmed in office and in writing that during this period she has affirmed to handover charge..........................

 

-- you are being forced in office to serve notice period of ..................................days by Mr/Ms which is wrong and seek the intervention of good offices to issue acknowledgment of  notice of resignation, acceptance, at once by redg. post and correct FNF statement for verification and acceptance, Form 16 as per correct FNF statement, PF number-a/c slips of whole tenure of employment, salary slips of whole tenure of employment, NOC/NDC, relieving letter, service certificate, payment of FNF dues by bank DD only by redg. post within and up to last day in office..........................................i.e. dated.........................................

 

 

 

You may issue reminders and submit final resignation under proper acknowledgment.

 

 

You may decide upon reporting the insulting, rude, conduct of superiors.........................by a separate communication. It shall be good if you generate irrefutable evidence. The other employees may /may not give evidence in your favor and may decide to say .........................................which may oppose your contentions.

 

The matter has already been discussed in detail.

 

If you feel that you are competent to handle to matter on your own you may proceed further as deemed fit at your end.

 

Still you may seek guidance from elders in the family, competent and experienced well wishers, trade union leaders.........................................

 

The company thru its manager has already taken a position to deny relieving letter etc to you and it is expected that you will face difficulties.

 

It is time to build favorable written record so as to support in future.

 

 

It shall be appropriate to consult your lawyer and proceed under expert advice. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best. Let your lawyer/law firm fine tune, structure/draft all of your representations.

 

Rest is up to you.

 

 

 

 

S.QAISAR ALI ADV. (Advocate)     12 January 2014

you should go to comply with above opinion


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