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Rahul   24 June 2015

Not getting relieving

Date of joining  10-02-2014  
Date of resignation  28-10-2014  
Notice period served  1  
Notice period as per company norms  3  
Last working day  27-11-2014  
     
After last working day I have asked for my full & final settlement which took 1 month normly. First company have send me No due form which clearly states that my last working day is 27-01-15 ( because they take 3 months as my notice period which is not the case). i have agree with my Manager that i will resgin now and my last working day will be 27-11-14 which was agreed by them, also they states me that they would convey their message to HR also, i have also followed the procedure of Exit helpdesk which is online exit software in which i have clearly mentioned my notice period 1 month.     
Now problem is they have processed my salary of Dec'14 and Jan'14 upto 27-01-15.     
After that when I have asked my releiving letter from them they come up with that since I have not served the 3 months notice period than there is a recovery from you. 
Recovery for 2 months pay and amount which they have deposited for Dec'14 and Jan'15.     
My question is how they will process my salary and then come up with recovery letter     


Learning

 7 Replies

rajagopal.s (Lawyer.)     24 June 2015

Hi 

It appears that you have submitted your resignation letter on 28-10-2014 and your manager had agreed to relieve you on 27-11-2014. 

Did your HR  or company senior management issue you a service certificate and relieving letter on 27-11-2014, wherein it is clearly stated that you are relieved on 27-11-2014?

Kumar Doab (FIN)     24 June 2015

The notice period of 90 days may not necessarily be applicable to you.

You should negotiate properly with next employer to buy out your notice period without any conditions and pay it at once upon joining and allow you to join on the strength of copy of resignation only.

The government has started levying service tax as per the latest taxation rules.

You may go thru another thread at:

 

https://www.lawyersclubindia.com/experts/Service-tax-on-notice-pay-543006.asp#.VYmEllJ-hkg

 

This might be another reason to process salary and claim refund.

Moreover the Form16 has to be shown as per correct FnF statement.

Hence FnF statement issued to you must show adjustment of notice pay. This is also important as if next employer buys your notice period you won’t be subjected to double taxation.

 

Employee is entitled to get: acknowledgment of notice of resignation/resignation, salary slip of each month and including last month,  acceptance of resignation, correct FnF statement showing computation of earned wages/leave encashment/bonus/

reimbursements/incentives/OT etc for verification and acceptance by employee, Form16 as per correct FnF statement, Service Certificate, Relieving Letter, NOC/NDC, PF a/c number with a/c slip of each year,ESIC card etc………..

 

If employee has chosen to retire by resignation then employee shall choose the date of retirement and that can be issued in notice of resignation.

You may download the ‘procedure of Exit helpdesk which is online exit software in which i have clearly mentioned my notice period 1 month. ‘…………….and mention in writing under proper acknowledgment, with a copy to you) that you have duly resigned after meeting on dated……………..and concurrence of management…………………and thus stake claim that notice period of 30 days was duly approved in meeting.

 

 You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties? Did you have any power to sanction leave/grant increment/appoint/terminate?

 

What is the notice period if employer initiates termination; 90 days or other?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, exit policy etc that are mentioned in the appointment letter?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

 

 

 

Rahul   24 June 2015

What is this establishment registered as: Commercial,Industrial- its a MNC providing outsourcing services What is its line of business:IT,ITeS,banking etc - outsourcing services How many maximum persons are employed in it at any point of time - more than 10000 The Redg Office,Corporate Office of the company, and your reporting office was located in which state - Registered office Delhi and reporting office in Gurgaon Haryana What was your designation and nature of duties? Did you have any power to sanction leave/grant increment/appoint/terminate? - Designation - AM No power as mentioned above What is the notice period if employer initiates termination; 90 days or other - 3 months notice period Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, exit policy etc that are mentioned in the appointment letter? - leave 25 allowed HR policies are there yes conduct and discipline rules exit policy is there Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you - yes, Form 16 not providee Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge - resigned over mail and also put my details in exit forum .. yes in mail i have mentioned my last working day to my manager and senior manager in mail Has acknowledgment of notice of resignation, supplied to you - no, manager and senior manager accepted verbally Are you a member of any employee�s/Trade Unions - dont know this What was your monthly salary - 30000

Rahul   24 June 2015

Please reply i have got advocate motice also .... i dont know when they have first give me no dues letter than why at time of issue of resignation they are asking that recovery will be done in my case. Company is very big .... if i tell u name u will say how such big company do that. I do not knw what to do in this case

Rahul   24 June 2015

Please reply i have got advocate motice also .... i dont know when they have first give me no dues letter than why at time of issue of resignation they are asking that recovery will be done in my case. Company is very big .... if i tell u name u will say how such big company do that. I do not knw what to do in this case

Rahul   26 June 2015

Can anyone answer my query ?

Kumar Doab (FIN)     26 June 2015

You have posted that ;

 

----“Please reply i have got advocate motice also ...”. You have not mentioned it in your first post. The reply to legal notice of company’s lawyer  be tendered by your lawyer.

 

Your lawyer may prefer to claim that notice period applicable to you is 30 days only and that you have served and are not liable to tender notice period/pay for 90 days…………………. And Demand FnF statement showing amounts payable to you and payable by you and net amount payable ( i.e. showing computation of earned wages/leave encashment/bonus/

reimbursements/incentives/OT etc) for verification and acceptance by employee, Form16 as per correct FnF statement, Service Certificate, Relieving Letter, NOC/NDC, PF a/c number with a/c slip of each year,ESIC card etc………..

And company shall have to supply it.

 

----“Are you a member of any employee’s/Trade Unions - dont know this”

 

If you do not know about it then who else will know about it?

In such situations who else will gather and support you?

 

 

----“ What was your designation and nature of duties?”- Designation - AM. What is AM and what are the duties of AM…….how many person were reporting to you ?

 

“Did you have any power to sanction leave/grant increment/appoint/terminate? - No power as mentioned above”………………………..Thus you may be covered by the Punjab Shops and Commercial Establishments Act, ( and Punjab Shops and Commercial Establishments Rules………………..Haryana follow these.) that was enacted to govern the service conditions of employees working in establishments covered by this Act!

You should be covered by the def. of ‘Employee’ as in this Act, and even also ‘Workman’ as in ID Act.

The max. notice period as per this Act is 30 days, for employee! (No official in Labor Dept. can enforce notice period more than this for employee.)

 

You can approach:

IT/ITeS women employee’s/ IT/ITeS employe’s / trade unions e.g. CITU/INTUC/AITUC/BMS

 

Your labor Law Consultant/Service Matters Lawyer/Law firm

 

Inspector appointed under: Punjab Shops and Commercial Establishments Act at Gurgaon, …………………the address is available at Dept. of Labor Haryana, and get FnF statement, service certificate, relieving letter etc.

 

 

 

  

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