Chasing for releiving letter
Salma saifi
(Querist) 14 June 2016
This query is : Resolved
Hi ,
My self Salma saifi, need to ask that i worked the management consulting firm based of noida. I got releived at 30th may 2016 and had resigned on 14th may 2016 .but now hr of company is not providing the releiving letter to me as i resigned on medical ground. As discussed with hr she told me write a mail to waive off the notice period to my manager and i do have acceptance on the same. But now the hr is saying that your notice period has been not waive off and you have to pay for this.. hr is saying that you got the releiving after 45 days of releiving. Pls help me into that should i take the next step.
Kumar Doab
(Expert) 14 June 2016
You have posted that:
"As discussed with hr she told me write a mail to waive off the notice period to my manager and i do have acceptance on the same. "
"But now the hr is saying that your notice period has been not waive off and you have to pay for this"
Both are contradictory.
You may forward the approval by email given by manager to HR personnel and mention that her latest communication that notice period was not waived off is not true and you proceeded after due approval.
N R Dash..
(Expert) 14 June 2016
If there is a company policy and you agreed that on your appointment, needs to be complied. Also you need to be assured of that the Manager is authorised to waive off your notice period.
Show the confirmation letter to the HR and ask for the relieving letter.
Kumar Doab
(Expert) 14 June 2016
>>> You have posted that:
"I got releived at 30th may 2016 and had resigned on 14th may 2016 ."
Apparently you have served 17 days notice period.
Did HR personnel ask you in writing to get the waiver of notice period/pay from manager in writing?
What is the notice period inserted in appointment letter?
Have you minuted in writing that HR personnel asked you on dated.............to write to Manager for waiver of notice period, and accordingly you acted? You should have.
The HR is under obligation to guide the employee to the right personnel having authority.
Has FnF statement showing computation of earned wages/leave encashment/bonus/incentives/reimbursements..................etc as per eligibility (per enactments that apply to you and establishment and just by appointment letter) and adjustment of notice pay been supplied to you?
Is there any amount payable by you as per FnF statement?
Since you have notified well in advance (17days) HR could have prepared for exit formalities, handover, NOC/NDC, FnF etc, and handed over by LWD!
The day for payment of FnF dues/wages is LWD, or say within next 3 days or max. by usual pay day.
Remain gentle and amiable.
>>> You may post the exact extract from appointment letter on leave, termination/resignation/notice period/pay and waiver.
Do you have copy of all rules/policies mentioned in appointment letter?
What is your designation and nature of duties in offer/appointment letter and on record/ in practice? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancel/amend your recommendations?
You were in which state ?
What is this establishment; Commercial/Industrial (e.g; Real Estate company) ?
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?
Did you write to appointing authority/MD etc that on dated................Mr/Ms.................. you inform HR?
Do you have salary slips of all months, last month,PF a/c slip of each year, Form16 etc?
Has employer supplied anything to you in writing, till date?
Did you record the calls etc?
What was the max. number of employees this company had any point of time?
Rajendra K Goyal
(Expert) 15 June 2016
Did any notice period existed? Whether any mention of notice period was there / existed while relieved from the duties.
It seems the HR through your mail for waiving notice period has trapped you to accept that notice period was there. And now showing his actual intention by asking recovery.
Discuss all aspects with local service law expert lawyer.
Kumar Doab
(Expert) 15 June 2016
The author has not replied.
