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automationtester   23 March 2015

Unable to submit the releaving letter

Hi Sir,

 

Recently i resigned my job and 90 days is the notice period where i have served only 15 days.

company even did not paid the salary for this 15 days period to me.

 

company accepted to relieve me on the process of pay of lieu.

 

For the rest of 75 days notice period time I have to pay 50000 Rs to the previous company.

 

My Financial background is very critical and now i am not in a position to pay that much hepty amount to the company to take the releaving letter.

 

Now my present company HR is asking me to submit the releaving letter.

Is there a way to explain the HR about my problem and to get out of this relevaing letter submission.

 

Any one help on this would be greatly helpful to me.

 

 

Regards,

CKS



Learning

 3 Replies

Kumar Doab (FIN)     23 March 2015

 

Hope you shall take this post in a positive spirit.

The Line Managers/HR personnel of your past employer have nothing to do with your financial constraints and inability to pay. They have to mind their own job and defend it by following the internal policies of their employer for them.

There are many threads on similar query at LCI alone.

You have made the same mistake that majority of the ill informed/ignorant/careless employees make.

Employee should always consult in advance with elders of the family, competent and experienced well wishers, Employee’s/Trade Union Leaders, Labor Law Consultant/Service matters Lawyer , than acting on his/her own and committing errors and falling in trouble.

 

1.       If next employer wanted you to join in 15 days, then you could have asked it to buy out the notice period/pay without any preconditions………………..on 1st day of your joining……………..and that past employer is unwilling to supply acceptance of resignation/FnF statement shOwing CORRCT  Notice Period-pay adjustment-computation of bonus-Leave encashment-payment of earned wages/Salary slip of all months/PF a/c slips of all years/ESIC card/NOC-NDC/Form16………………..and you can supply only the copy of notice/resignation and its proof of dispatch/delivery.  However if you have all of these , then these can suffice as good as to be DOJ/DOL……..After all you obliged the next employer by joining in 15 days………….You should have also mentioned notice period/pay in current employment as 90 days and hence joining time as 90 days.

2.       You should have negotiated properly with next employer (current now) that you won’t be able to submit Relieving Letter required by it is to be issued by past employer and past employer is willing to issue it NOW, and you can’t supply it until or unless it is supplied to you by past employer.

3.      You can submit a request to good offices of appointing authority,MD,Chairman of the Past employer to waive off the notice period/pay.

4.      The notice period of 90 days may not be necessarily applicable in your case.

 

>>>>>To reach some conclusion you may reply pointwise………………… to all points!

 

 

 

1.      Do you have copy of notice of resignation, proof of dispatch/delivery? Service Certificate has to be issued to all employees.

 

2.Are you a member of Employee’s/Trade Unions


5. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?


4. What was your salary: Basic,DA……..etc and total.

5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?


6. You were located in which state? Your reporting office was  located in which state?

 

 Regd. Office of the company is located in which state?

How many people are employed in the company?




7. What is your date of joining and Last date in office OR for how many months you have worked? Did you get appointment letter, Salary slip of all months?


8. Is it stated in appointment letter that employment can be terminated if BGV is negative………………….. and service conditions shall be governed by say....................HR policy/Service Rules and regulations/Employee handbook....................and do you have copy of these?



You may reply pointwise to each point!

 

     

automationtester   24 March 2015

thank you very much for your reply sir.

Please find the details below and let me know your feedback sir.

 

1.      Do you have copy of notice of resignation, proof of dispatch/delivery? Service Certificate has to be issued to all employees.

 

Ans : Yes sir,i am having mail copy of my resignation.

 

 

2.Are you a member of Employee’s/Trade Unions
Ans:No sir.

5. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?

Ans : role s/w engineer/developer.No one reporting to me and i am working in a team of 6 members under one lead.

I dont have any power to employ,terminate,sanction leave to any one etc.


4. What was your salary: Basic,DA……..etc and total.

Ans: 2.85 at the time of leaving.

Basic only 5500 Rs in payslip.

5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?

Ans: Yes sir i am having all the months payslips and account slips. i dont have form 16 sir.


6. You were located in which state? Your reporting office was  located in which state?

 

 Regd. Office of the company is located in which state?

How many people are employed in the company?


Ans : It is located in vizag,Andhra paradesh,registered office address is in hyd.but offfice is not there as investigated by my friends who are staying there.
50 are working.


7. What is your date of joining and Last date in office OR for how many months you have worked? Did you get appointment letter, Salary slip of all months?

ans: i worked there for 2.6 years joined in 2012 .I had offer letter,appraisal,payslips of all months with me.


8. Is it stated in appointment letter that employment can be terminated if BGV is negative………………….. and service conditions shall be governed by say....................HR policy/Service Rules and regulations/Employee handbook....................and do you have copy of these?

Ans : yes they have mentioned this in offer letter sir.

Kumar Doab (FIN)     24 March 2015

 

Such companies in AP are covered by Andhra Pradesh Shops and Commercial Establishments Act and you should be covered by def. of ‘Employee’ as in this Act and also as ‘Workman’ as in ID Act. You may go thru Section on Termination of Employment, leave encashment etc…..as in Andhra Pradesh Shops and Commercial Establishments Act……

Rate of notice pay,OT etc is also stated in the Act.

You have worked for more than 1 year and the max. notice period applicable is 30 days.

You may check if  state Govt. of Andhra Pradesh has granted any exemption to such companies from provisions of Standing Orders and also standing orders will be applicable if no. of employees are 50 or more.

If standing are applicable and not certified the Model Standing Orders shall apply and you may go thru Sec13-18.

Notice period if service is confirmed is max. 30 days and NIL if service is not confirmed.

Service Certificate has to be supplied to all employees.

The Inspector appointed under Andhra Pradesh Shops and Commercial Establishments Act, can be approached………………..and it is one of the duties of the Inspector to ensure all pending payouts and documents are supplied to employee on time.

The Labor Inspector in local o/o Labor Commissioner might also be functioning as Inspector appointed under Andhra Pradesh Shops and Commercial Establishments Act/Payment of Wages Act also.

Their contact details should be available on website of Dept. of Labor…..of AP Govt.

NO Inspector can agree to enforce notice period more than stated in the Acts/Statue.

The last salary of 15 days has to be paid on usual pay day.

The company has to supply the last month salary slip showing earned wages/OT/deductions if any including notice pay @.....................and  FnF statement showing computation of earned wages, Bonus of each year, Leave encashment,OT etc, recovery of notice pay @..............for verification and acceptance to you……………..and payment of FnF wages has to be made max. by last day in office and max. by the usual pay day of employer can be penalized.

Since you had tendered notice of resignation employer had sufficient time to ensure completion of FnF/exit formalities and to supply all pending documents/payouts by last day bin office.

You are eligible for ESIC but have not confirmed if it was provided or not OR you can lodge complaint with jurisdictional ESIC office in writing under proper acknowledgment.

You can seek support of various IT/IteS Employee’s unions/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc…. 

 

If you are unable to handle on your own you may entrust to your able Labor Law Consultant/service Matters lawyer/Law firm.


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