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Naresh   18 May 2016

Not getting relieving letter even after serving notice perio

Not getting relieving letter even after completing relieving formalities and serving complete notice
 
Hi Team,

I have worked with a IT company from 7th Dec 2014 to 22nd Apr 2016 as associate Consultant, due to family problems I had to change the location and I have resigned. My company have the policy of 60 days notice period and I have served 30 days of Notice period from the day I have submitted my resignation and I have paid 1 Month Complete Salary as demanded by HR team.

My Manager said that he needs some work to be done later he will give relieving letter, as I agreed I have supported them more then a Month after relieving and I have completed the task.

After completing the task which was asked by Manager, I have requested for my relieving letter and My Full and Final settlement amount. He have not given any positive response and he started asking me to contact another person and take other approval for relieving letter. later he stopped giving reply from past 7 days.

When I contacted HR team they says they need approval from Manager, and manager is not in India and he is not responding only for my mails.

Now I need my relieving letter and F&F settlement amount. what I have to do now?

Please suggest


Learning

 21 Replies

JustAdvisor (IT)     18 May 2016

first exhaust company's internal channels before going legal. Write to head of your department with a copy to your manager stating the facts. mark HR a copy too. wait for a week or two. if nothing happens then engage an able counsel who will take it up further.
1 Like

Ritesh Maity (Labour Law Advocate)     18 May 2016

Legally you can write to them asking them to clear the full and final settlement at the earliest along with issuance of the relieving letter. 

1 Like

Kumar Doab (FIN)     18 May 2016

While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on termination/resignation.
 

What is your designation ( Noted; as posted by youAssociate Consultant) and nature of duties in appointment letter and on record?


You were in which state?


What is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

 

You were under probation/confirmed?

 

Is it entioned in your appointment letter/any rule & policy mentioned in appointment letter that your manager has to approve the relieving letter?

 

You have posted that:

 

"I have paid 1 Month Complete Salary as demanded by HR team." Was it demanded in writing? Was any acknowledgment issued for it?

 

"My Manager said that he needs some work to be done later he will give relieving letter, as I agreed I have supported them more then a Month after relieving and I have completed the task." Is it in writing/on record? Can you establish the demand of work/work done by you?

 

"He have not given any positive response and he started asking me to contact another person and take other approval for relieving letter. later he stopped giving reply from past 7 days. When I contacted HR team they says they need approval from Manager, and manager is not in India and he is not responding only for my mails." Is it in writing/on record? Can you establish it?

 

Do you have the copy of rule & policy mentioned in appointment letter e.g. exit policy etc?

Have you been supplied with acknowledgment of notice of resignation/final resignation, FnF statement, salary slip of all months, including last month and month in which you worked to support the manager?

 

Naresh   19 May 2016

Hi, Thanks for reply, below is the content from My offer letter.

 

9. Termination Notice (a) Your employment with us is terminable with a notice of two months or gross salary of two months in lieu of notice. (b) Right to exercise option to accept Notice Pay in lieu of Notice Period shall be a prerogative and will be at the discretion of the management influenced by business circumstances. (c) If any misrepresentation is found with respect to information provided by you or if you have willfully suppressed any material facts, your services will be terminated immediately without prior notice. Further, you wiJI be liable to reimburse the company the costs incurred in connection with your recruitment. (d) Unauthorized absence or absence without permission from duty for a continuous period of 5 working days would make you lose your lien on employment. In such case the Company reserves the right to terminate your employment without any notice. In addition, you will be liable to pay all dues including Notice pay and other such dues as mentioned in the employment agreement. (e) In the event you resign without apprC'priate notice and successful completion of any ongoing assignment, without prejudice to, and in addition to, any other rights or remedies of the company, and in consideration cf the time, expenses and effort to be considered expended by the company to advertise for and seek a suitable candidate to undertake your duties and complete the project / job on hand, as well as the damages which the company may be liable to pay to the company's client, you shall pay a sum of Rs. 2,00,000/- to the company as liquidated damages apart from the notice pay.

 

2. I worked as Permanent employee

3. it is middle level software company

Pelase suggest

Naresh   19 May 2016

Further to the above discussion, I would like to add below points

1. I was in Tamil nadu state when working with that company

2. Now I moved to karnataka, Bangalore

3. There is no employee union for us

Kumar Doab (FIN)     19 May 2016

@ Naresh,

You have not replied pointwise to all points.

Your reply is required for further response.

The extract posted by you from appointment letter is also to be related with your pointwise reply.

You are wrong that there is no union.

The fact is that there are IT/ITeS employees union and trade unions have embraced IT/ITeS employees.

 

If you are unwilling to post replies then you may engage an able counsel specialzing in labor-service matters and discuss in person.

 

You may also post that:

If the company has an office at your current location; Bangalore?

Has the company inserted in appointment letter the location of jurisdictional courts?

Have you consulted  an able counsel specialzing in labor-service matters so far and shown all docs on record and if yes what is the opinion of your counsel?

 

 

Naresh   19 May 2016

Hi,

 

Thanks for reply, please find below details.

 

What is your designation ( Noted; as posted by youAssociate Consultant) and nature of duties in appointment letter and on record?

ans) Associate Consultant (SAP Delivery team)

You were in which state?
 

ans) Tamilnadu

What is this establishment; Commercial/Industrial ?

ans) It is a IT Company

Does it have Certified/Model standing orders and does it apply to your designation?

ans) As I understand the answer is Yes


Are you a member of employees/trade unions?

ans) I have not heard any employee union till now, that was the reason I said No

What was your last drawn salary?

ans) 25000

You were under probation/confirmed?

ans) I am confirmed employee

2. Is it entioned in your appointment letter/any rule & policy mentioned in appointment letter that your manager has to approve the relieving letter?

ans) No it is not specified like manager have to approve

"I have paid 1 Month Complete Salary as demanded by HR team." Was it demanded in writing? Was any acknowledgment issued for it?

It was demanded by HR team in mail, I have attached the content of the mail.

"Dear Naresh,

As per your resignation date you have a shortfall of 31days, hence request you to pay the amount in DD or online in the name of (existing company) india pvt ltd.

 

After your submission of DD we will proceed the exit formalities.

 

Monthly Gross

        24,995

DOResignation

24-Mar-16

Last working Date

22-Apr-16

Required Notice Period(days)

60

Shortfall of Notice Period(days)

31

Notice Period Amount to pay

24995

 

With this mail, they have shared their Bank account number, to wich I have to send money. I have done payment through Net banking from My salary account to Company account. 

 

Pelase let me know any other information whcih I missed Sir.

Kumar Doab (FIN)     19 May 2016

 

 

 

You have posted that:

 

----" No it is not specified like manager have to approve'............."When I contacted HR team they says they need approval from Manager,' So it is thier internal matter and you have nothing to do with it. If they delay due to thier internal reasons they are deficient and if you are being personally affected due to any deficiencies of the employer or its attorny's in say HR/Line Management then you can sue them.

 

 

---""I have paid 1 Month Complete Salary as demanded by HR team." This action amounts to concurrence to your notice of resigantion and its aceeptance by the management's action and you have paid the amounts demanded and NO Liquidated Damages other than Notice Pay has been demanded hence you have not caused any delay/loss.

 

 

You may check on your reply again ;"As I understand the answer is Yes " The state of Tamilnadu might have granted exemption from standing orders!

 

 

You have not posted any reply to following:

"What is your nature of duties in appointment letter and on record?" { You may further elaborate if you has any power to sanction (not jusr recommend)  leave/increment/appoint/terminate/appraise etc? Could  anyone change/cancell your recoemmendations?

 

"Do you have the copy of rule & policy mentioned in appointment letter e.g. exit policy etc?

Have you been supplied with acknowledgment of notice of resignation/final resignation, FnF statement, salary slip of all months, including last month and month in which you worked to support the manager?'

"Is it in writing/on record? Can you establish it?"

"Is it in writing/on record? Can you establish the demand of work/work done by you?"

 

 

" Was any acknowledgment issued for it?'

"If the company has an office at your current location; Bangalore?

Has the company inserted in appointment letter the location of jurisdictional courts?

Have you consulted  an able counsel specialzing in labor-service matters so far and shown all docs on record and if yes what is the opinion of your counsel?"

1 Like

Naresh   23 May 2016

Please help me with your suggetion,

 

Now my previous employer came back and started telling that I am not relieved and I have to work for them.

 

But as I explained earlier I have completed my relieving formalities by serving one month notice period from the day of resignation mail and paid one month of Gross salary (whcih is 25000) directly through Company account as demanded by HR team. I have a mail proof.

Even Manager is in CC in that mail.

 

Now My Manager replyed and said I am not relieved and I will not get any letter..

 

Please suggest me what is the way for me, now am in life and death setuation.

 

Thanks & Regards,

Naresh.KM

 

Kumar Doab (FIN)     23 May 2016

You have not replied to all points, pointwise.

But you are posting frequent queries!

You are converting the thread in chatting and it won't lead you anywhere.

 

Hope you shall take the posts in positive spirit.

The ill informed, non united, unorganised employees are a sittick duck and succeptible to exploitation, harassment.

There are set and section of employee's  that have always ran away from forums/unions during school. college time, while in employment, and remain ill informed and are easily targeted by high headed, arm chair managers.

 

You have posted that:

 

"I have served 30 days of Notice period from the day I have submitted my resignation and I have paid 1 Month Complete Salary as demanded by HR team.

My Manager said that he needs some work to be done later he will give relieving letter, as I agreed I have supported them more then a Month after relieving and I have completed the task."

 

Thus as per your own post you have tendered notice of resignation, paid for shortfall in notice pay duly calculated and demanded by your designation attorney of employer i.e HR personnel, even succumbed to unfair demand of working for 30 days after LWD and completed tasks assigned after LWD, and completed such tasks as well.

 

Look you have been asked to work after tendering notice pay and LWD accepted by employer's attorny...................

Reliving letter signifies that employee has separated, nothing is due against employee.

 

Moresoover as per your own posts this Manager is in CC of all emails.

 

Still the manager has the nerve to state in WRITING that you are not relieved.

 

Either the manager is acting as per unwritten/written polcieis of employer that are not shared with you OR by his own stubborn, arrogant attitude.

 

 You may look into Tamilnadu Shops & Estbs Act:

The notice period may not be more than 30days.

 You may look into Tamilnadu Shops & Estbs Rules;

The employer has to submit Form'N', that you can obtain from Inspector appointed under the Act or thru RTI.

 

The employees in Tamilnadu united against TCS and affilliated with trade Unions, and rest is history.

The employees in Karnataka united and affilliated with trade Unions, and rest is history.

 

You will find the list of trade unions on website of Dept. of Labor Karnataka.

 

if you are unable to resolve on your own, lean on your able counsel specializing in labor-service matters.

Are you aware of any counsel, that can support you at bangalore and Tamilnadu at the same time?

 

Do you want us to make some more, suggestions?

 

You will have to write that you shall be alone responsible for posting all facts to your counsel and also to firm up your T&C, fee etc with your counsel.

 

You may post your contact details e.g address/ phone number/email id etc in the thread or by PM. 

 

 

 

Naresh   23 May 2016

Dear Sir,

 

I will do as you suggested, I will search for a councle. and update you the status.

I have taken your suggetions and I will make sure that All of the questions are addressed properly from next post.

Kumar Doab (FIN)     23 May 2016

You may go thru all posts in this thread and reply pointwise to all points that you have not answered. Based on your truthful reply some more suggestions might be possible.

It is our hunch based on your posts in the thread that your managers and HR are hand in glove and are harassing and also you are unneccessary remaining entangled with them.

You are about to miss an opportunity to better your career and you need to caution them in writing although in a balanced language and build irrefutable written record for future.

Let your able counsel structure your representations after careful examination of all docs on record and your inputs.

 You may send your contact details by PM if it is suitable to you and if possible some suggestions may be made.

 

Naresh   26 May 2016

Dear Team,

 

I have solved my Probelem with AIITEA (All India IT Employee Association- Bangalore) help, I got my relieving letter today.

Thanks a lot AIITEA (All India IT Employee Association-Bangalore) for standing on be-half of me and supporting me.

 

Thanks & Regards,

Naresh.KM

Kumar Doab (FIN)     26 May 2016

It was posted by us that;

"You are wrong that there is no union.

The fact is that there are IT/ITeS employees union and trade unions have embraced IT/ITeS employees."

 

We are glad that you have succeed.

In future remain vigilant.

 

Has the relieving letter been issued with positive comments on conduct/perfromance/chrachter OR with negative comments OR without any comment.

 

Attempt to get positive comments.

Get both soft and hard copies. Prefer Redg. Post.Retain the envelopes. Downlaod tracking report from Indiapost website.

Attempt to get copy of all BGV reports, in particular from this company.

 

 

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