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Business Development (Sales Manager)     02 September 2013

Not giving relieving letter, fnf & giving legal threat

I was working with an IT company (160- people) in Pune as their sales manager....for some personal critical reasons I wanted to relocate to Mumbai...

So I put down my papers on 28th June ...saying that please accept my formal resignation and asked for a special consideration allow me to go on 30th Aug, as there is some personal critical problems...as my notice period is 3 months in my appointment letter. 

they accepted my resignations and but did not replied to my final date of relieving...n they said, we are searching for replacement but cant commit a date for you to go....

I waited till this date, but nothing happened...i kept working as normal ....started referring people from my network for my replacement..but they did not selected them ...

now they started harassing me, by close monitoring of timings, break, checking my mails, etc....

On 9th Aug, I again dropped an email, saying that please consider 16-Aug as my last date as I will not be able to continue after that.....again I got reply saying they are not able to find my replacement ...

I went to them and talked to them...told that it is my last date ...and please let me know if they want me to pay for my notice period...

In the mean time, I was searching for other jobs in mumbai, I got an offer from a good company ...n I joined them on 19th aug.....

Now, my earlier company is not ready to give me my relieving letter, or FnF ...n threatening that they will Sue me in court now, as I joined a company without formally relieved.

please suggest! 



Learning

 3 Replies

Kumar Doab (FIN)     02 September 2013

You may approach a competent and experienced labor consultant/service lawyer with copies of standing orders of the company, appointment letter, resignation, emails etc……………………..in person and proceed under expert advice of your lawyer.

Why should there be any kind of threat?

The employee can not be treated like a bonded labor.

Resignation can be without notice or permission.

The employer can adjust notice pay in FNF settlement.

If notice pay is stated in appointment letter, standing orders of the company then this is the maximum amount of liquidated damages company can claim.

Notice period/pay is part of service conditions. Service conditions stated in standing orders can not be negated to employee in appointment letter.

If notice period is 1month in standing orders it can not be 3 month in appointment letter.

IT companies are covered under Shops and Establishments Act.

Bombay Shops and Commercial Establishments Act is so employee friendly.

S.38-B  Application of Industrial Employment (Standing Orders) Act to establishments.-The  provisions of the Industrial Employment (Standing Orders) Act,  1946,  in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall,  mutatis rnuimdis,  apply to  all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.

(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)

{ Model Standing Orders: 3.               Tickets,  11.         Payment of wages,  

13.       Termination of employment:…………………………… Notice is max. 1 month

  15.      Complaints, 17.  Liability of 17[employer].--, 18.          Exhibition of standing orders.-)

бб.Notice    of  termination  of  service………………………..is max. 1 month.

 

 

 


Attached File : 497045789 the bombay shops establishments act.pdf, 497045789 model standing orders industrial employment standing orders rules.pdf downloaded: 176 times

M.S.R.Murty ( Manager (Admn))     04 September 2013

Hello,

First you convince them to get releaving letter.  Then automatically you will get your F& F Settlement. 

A.Mohanty (Technology Analyst)     05 September 2013

I worked with Infosys BPO as Technology Analyst from 12-Nov-2012 to 3-July-2013. I was forced to resign from the organisation on poor performance basis on 3-July-2013. But the problem now I am facing is the company has not provided me the release letter for the above mentioned period.

I mailed repeatedly to the Infosys BPO mail ids viz. BPO_Exithelpdesk@infosys.com, bpo_salary@infosys.com asking for the reason of holding my release letter. Each time I write to these 2 mail-ids I get an auto-generated mail that my query will be answered in 2-3 business days. But unfortunately till date no one has replied to my mails.

I obtained a number of the Infosys BPO Exit Helpdesk team and I called them. They told me that since I have not served the notice period, so I need to pay Rs. 44,650/-. And they have already deducted Rs. 20,000/-. So an amount of Rs. 24,650/- is pending to be paid from my side and this amount has to be paid either by Demand Draft or Electronic Money Transfer.

Getting this verbal response from the Infosys BPO Exit Helpdesk team I emailed them asking for the IFSC code of the bank account no. to which I need to pay the amount due viz. Rs. 24,650/-.

But till date they have not replied me even though 2-3 business days has passed since I wrote email to them.

I know that I don't have the liability to pay anything since the organisation has resigned me forcefully, but I want to pay them and get my release letter as I do not have any intention to entangle into legal matter with this gaint.

I would like to add here the HR person who was my point of contact during my tenure of service has resigned from the organisation, so I have no human being who is my point of contact now except the 2 mail ids stated above.

Kindly suggest what I would do now.

Regards,

Ananya Mohanty


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