Hemant (Software Engineer) 29 August 2013

Regarding releaving letter or buyout notice period

Hi Experts,

I am a software engineer, because of some personal region i had immediate resign from that company.
I joined there as a fresher from a consultant and I am also the payroll of that consultant, first 9 months I was on Probation Period after that I was confirmed by that Consultant. I worked there from 12 Sep 2011 to 10 June 2013.

At the time of Joining my notice period is 1 month, but in Nov 2012 a mail came and it contains from Nov 2012 the notice period of all employes is 60 days or employee do not want to serve notice period have to give 2 month of gross salary . This mail is came from where I worked.

Around 30 may 2013 I came to know that they transfer my company to Consultant to where I worked, I did not got any information by mail or any document and I did not signed any thing.for these changes.

On 11 June 2013 I put resignation and left the company.

Now when I asked for my experience letter they told me to pay the gross salary of the 2 months.

I have some few points please help me on that or give your opinion at my case.

1. As I know that normally only basic salary have to given.

2. They are not deducting the salary of my 10 day of June and I have 7 earned leave till June.

3. Is my company will change without any notice to me.

4. what is my notice period 30 day or 60 days as I signed at the time of joining that is 30 days.

5. If I not taken the relieving latter what legal action they will take against me.

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3 Replies

Kumar Doab (FIN) 29 August 2013

You are employed by consultant and your wages are paid this employer.

Your services are confirmed by this employer. Hope you have the appointment letter, confirmation letter, pay slips issued by this employer.

Has this employer been deducting PF, ESIC etc and issued PF number, ESIC card………….

This employer has seconded you to some other company.

This (other) company has issued email for increase in notice period, which should not apply to you as you have not signed any contract of employment/service conditions with this company and it is not employer.

However the appointment letter issued to you by your employer (consultant) should also be carefully looked into.

This company has reverted your service back to your employer by some communication.

This seems to be alright as you were deputed by employer to work at this location.

Your notice period should remain as 1 month.

If the employer has issued any FNF statement showing 2 month’s notice period recovery you must decline to accept it in writing as ap by redg. post citing it as wrong and thus not accepted.

May approach your lawyer and show all of your docs on record.

The lawyer hat has seen all of your documents, has analyzed the inputs can advice you the best.

Hemant (Software Engineer) 30 August 2013

Hi kumar Thanks for your valuable time. I wanted to mention few points. 1. I don't have PF account there, the employer are not opened PF account for any employee. 2. My last 2 month salary slip came from where I worked.

Kumar Doab (FIN) 06 September 2013

Your employer is consultant. The service conditions are issued by this employer. Any change in it is to be notified by this employer.

Your notice period should remain as 1 month.

The lawyer hat has seen all of your documents, has analyzed the inputs can advice you the best.

Approach your lawyer and proceed under expert advice of your lawyer.

You may also approach Inspector under Shops and Commercial Establishments Act of your state.

e.g;

The Delhi Shops and Establishments Act, 1954

37. Powers and duties of the Inspector.

(b) Duties of the Inspector………….. (i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld

The local o/o Labor commissioner can provide you the contact details.