Not getting relieving letter
Amit Kumar
(Querist) 04 February 2018
This query is : Resolved
Hi I have resigned on 28th Dec 2017 asking relieving with immediate effect stating that i will pay the notice period amount, however i have not received any reply till date after several email and speed post to employer.
I have text to HR also and they said they are working on it. However After so many days i have received mail stating that i am absconded and they can take action against me or i need to complete 1 month notice period. I assume they have send this because 2-3 days ago i sent sms saying that if i will not receive relieving letter then i will send legal notice to them.
Please suggest what to do in this case? .
Guest
(Expert) 05 February 2018
There is a difference in "WILL PAY" and "deposit made". Further, if you absent yourself without getting the officially relieved after handing over your charge to some authorized executive, you have really absconded from duty.
Guest
(Expert) 05 February 2018
Resignation with immediate effect does not mean that formalities of handing over and taking over of charge, including deposit of the assets of the company are dispensed with. All the formalities, including getting no due clearance certificate is necessary to be taken from the concerned departments and the salary in lieu of notice period has to be deposited on in principle approval of the resignation notice. Without getting official relieving letter, you were not supposed to have assumed to have been relieved.
No legal recourse is left for you, except getting in touch with the HR department in person for getting all the formalities completed and to make deposit of the dues with the company
For serving legal notice, no other notice like SMS was required to be issued. Even if you issue legal notice, you may have to suffer badly in your further career due to your own fault and leaving job without getting relieved officially.
Amit Kumar
(Querist) 05 February 2018
Hi Thanks For your reply. I don't had the any company asset with me. And when I asked for immediate effect relieving in same mail itself I have asked for amount to be deposited, however they have my money pending with them. If they don't wanted to relieve on immediate effect then they should have to email back with few weeks of resignation, but I have not received anything. I don't have the resources (computer) since my joining to perform the duties. I have proof of that. Second thing if they don't have to relieve then why they have send sms saying we are working on this. If you see the special Relief act then that act doesn't have much of validity on notice period except of employee issue,. I have been through so many cases on the same and the verdict is on employee side whereas few of the cases doesn't have much proof what I have. So I think my case is strong enough. I tried convincing my employer since a month but they were just making excuse that we are processing and all. So I don't have other option left. Thanks
Amit Kumar
(Querist) 05 February 2018
Hi Thanks For your reply. I don't had the any company asset with me. And when I asked for immediate effect relieving in same mail itself I have asked for amount to be deposited, however they have my money pending with them. If they don't wanted to relieve on immediate effect then they should have to email back with few weeks of resignation, but I have not received anything. I don't have the resources (computer) since my joining to perform the duties. I have proof of that. Second thing if they don't have to relieve then why they have send sms saying we are working on this. If you see the special Relief act then that act doesn't have much of validity on notice period except of employee issue,. I have been through so many cases on the same and the verdict is on employee side whereas few of the cases doesn't have much proof what I have. So I think my case is strong enough. I tried convincing my employer since a month but they were just making excuse that we are processing and all. So I don't have other option left. Thanks
Amit Kumar
(Querist) 05 February 2018
Hi Thanks For your reply. I don't had the any company asset with me. And when I asked for immediate effect relieving in same mail itself I have asked for amount to be deposited, however they have my money pending with them. If they don't wanted to relieve on immediate effect then they should have to email back with few weeks of resignation, but I have not received anything. I don't have the resources (computer) since my joining to perform the duties. I have proof of that. Second thing if they don't have to relieve then why they have send sms saying we are working on this. If you see the special Relief act then that act doesn't have much of validity on notice period except of employee issue,. I have been through so many cases on the same and the verdict is on employee side whereas few of the cases doesn't have much proof what I have. So I think my case is strong enough. I tried convincing my employer since a month but they were just making excuse that we are processing and all. So I don't have other option left. Thanks
Guest
(Expert) 05 February 2018
So, by referring Specific Relief Act, the querist, Mr. Amit Kumar intends to teach lessons of law to the experts! GOOD !
Question arises, when you know the law and have also been through so many cases on the same, why not try your luck also by filing a case in the court of law?
But, for your information, your supplementary post has given a very clear indication that it is not your personal problem, but simply a hypothetical academic query.
Guest
(Expert) 05 February 2018
Company's identity card or other records in your possession also fall within the scope of company assets. However, may be or may not be you are having any company asset, formality of clearance from various departments is a formality to be completed before getting a resignation letter processed and the amount to be calculated for deposit as salary in lieu of notice period. Even if you have your money pending, it is not advisable for the management to combine two different types of transactions of the receipts and payments for the purpose of adjustment, as prohibited in commercial accounting system. Your claim can be settled separately, when becoming due to be drawn, as per the procedure of the company pertaining to drawing & disbursement functions.
You have sufficiently been advised. Rest depends upon your own wisdom, if it is a sort of real problem and not an academic query.
