Amit Kumar 14 December 2017

Relieving from a public sector undertaking

I worked for a public sector undertaking for 5 years and 6 months. I resigned feom the job with some family problems and i submitted my resignation. As per company notice period is 3 months (90 days), but due to safety of family and serious concerns i severd for 40 days notice period only. I communicated about this to all my offices and inability to continue. Since my resignation to last day, i requsted to all offices including my boss and HR department abouit my family issues. No one responded and on 40 th day i left the office. Before leaving the office i have cpompleted 3 clauses out of 4.

1- Non disclosure submitted

2- Handing over & taking over completd & submitted.

3- Exit Interview done.

One clause to serve 90 days notice period not fullfilled due to family problem and for the same i requesd to my Director and HR director too. I have 92 ELs accumulated to my account and requestd to consider aaginst the short in notive period.

Since resignation now more than 4 months over and i am following weekly with HR via email and request letters by speed post. But HR is not responding and i am waiting for releiving and PF funds. I am in need of funds from MY PF account. My company is having own PF trust.

Plz guide ........

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6 Replies

Kumar Doab (FIN) 15 December 2017

Do you have published version/copy of rules/policies say; service rules/exit policy/FnF policy/Relieving etc etc that pertains to your designation, PF rules of the establishment, acknowledgment of notice of resignation?

Did the establishment accept your notice/final resignation and communicate in writing to you?

Did the establishment ask in writing to complete the handing over, ND, Exit Interview etc?

Or did complete the handing over, ND, Exit Interview etc per some internal rules/policies that pertains to your designation? If, so do you have the copy of such rules and policies?

Kumar Doab (FIN) 15 December 2017

You have mentioned that you have completed 3 out of 4 clauses.

This implies you have the published version of some rules/policies that pertain to your designation.

Is it stated in such rules/policies that establishment can recover notice pay in lieu of notice period for the shortfall in notice period? If yes, how, as per extent rules that apply in your case?

Is it by adjustment in FnF statement/settlement?

If yes, the establishment may supply you the FnF statement computing the earned wages/leave encashment/bonus/OT etc etc & adjustment of notice pay @ as applicable in your case and balance amount payable to you or by you.

If you wish from our side you may submit tentative FnF statement and ask to check and validate and confirm and issue you the relieving/FnF docs.

Kumar Doab (FIN) 15 December 2017

If you want to withdraw the PF; The PF rules may be referred to apply for PF withdrawal and requisite forms be submitted under proper acknowledgment.

Generically speaking; The status in internal records might be that your resignation is not accepted and you are not relieved.

You need to counter it and avoid allegations of delinquent conduct.

If HR personnel is not responding then you may exhaust the internal remedies and may apply to good offices of appointing authority/MD/CEO/Chairman, under proper acknowledgment.

Amit Kumar 16 December 2017

Thanks for reply and your feed back.

Yes i got the acceptance against my resignation Dtd 09.08.2017 from HR with 04 clauses. 03 Nos. of said clauses accepted by me and submitted to my reporting authority. Even exit interview also performed.

01 pending clause was to serve for 90 days, for that i replied with request letter to consider my family circumstances and releive me by 30.08.2017. After that i tried to comvince my boss and HR till 15.09.2017 but no reply. And at last i left with formal information to my boss and HR that now i am inable to come office due to circumstances.

For PF, we have our PF trust under control of my organisation itself. so without releiving they are not clearing my accounts.

Kumar Doab (FIN) 16 December 2017

Formal Information; is good way of doing such things and implies written and under proper acknowledgment.

Inable to come to office; is not a good draft in ‘Formal Information’. Probably the designated HR person is interpreting it is; absconding/abstaining/absenting. However the designated person instead of remaining silent could have issued communiqué by effective mode of communication to you, after the said last day as in your Formal Information and/or acted to implement course of action if any, in case of absconding/abstaining/absenting and deny the said Relieving.

Based on all other communications mentioned by you, interpret that you left by proper notice with reason i.e. personal and family is involved /final resignation with reason /acceptance and Formal Information (with reason)on LWD….

Kumar Doab (FIN) 16 December 2017

If you feel: Touch upon NO Tasks Left and NO loss caused, in as many words and draft as suitable to you.

Relieving means; nothing is due against the employee. BY exit interview and handover you seem to having nothing pending with you.

Employer can at the most adjust/recover Notice Pay.

Approach good offices, remain amiable and gentle and try to resolve with your own skills.

Good offices can even waive off the Notice pay in lieu of notice period.

If required involve employee’s-trade unions leaders, Labor Authorities, your own very able Senior LOCAL counsel/Lawyer/Law Firm of unshakable repute and integrity specializing in Labor/Service matters and having successful track record in Courts of Law, courts of law…..