Resignation and relieving
shivaramam
(Querist) 02 January 2015
This query is : Resolved
Dear Sir,
Greetings From Shivarama M
I submitted my resignation on 12-Aug-14 by sending formal email to HR and worked till 25-Oct-14 in a reputed company.
The appointment letter term says, “If I should leave the Company’s service without notice, I will be liable to pay to the Company a sum equivalent to your one month’s Consolidated Salary or I will be liable to be sued for damages.”
My Designation is just an Executive.
Reason for resignation was: I have got some personal inevitable reasons which need to be attended with due care and concern,
HR knew I was constructing a house, travelling from a long distance and had some unrest in family.
I was ready to pay 1 month salary instead of 3 month notice period but they did not agree with it. They wanted me to be retained.
I tried my level best to wait till the new joinee comes and I postponed my relieving till 25-Oct-14, 4times.
I spoke to HR several times and spoke to the MD 4 times to relieve me. I Mailed even to MD as well explaining my condition.
By end of Sep-14 MD told if I want to leave I can do so but my consciousness was not willing to do it because there was no reliever. They were intentionally delaying the replacement.
Meanwhile, I referred 7 candidates as per HR instruction and 1 one of them was reported to work on 17-Nov-14 who actually interviewed on 3-Sep-14.
I had to stop going on 25-Oct-14 (after 2 months 13 days of my resignation) as there was NO candidate appointed till date and did not have any confidence of relieving in 3 months and I had to concentrate on my person life more.
Now they are saying they give me relieving letter saying “absconding” and F&F is subject to clearance of due notice period which did not happen in my case.
They did not pay me October 2014 Salary, after deductions it comes about 20,000/- .
Prior to this incident I resigned once on 1st Mar 2014 as I got some good offer. They retained me saying they full fill all my demands (no mail confirmation) but noting was done unfortunately.
HR never replies or responds any emails of resignation utill it is escalated to Md.
So now, kindly suggest me how to deal with this.
--
Regards,
Shivarama M
9900511335
Kumar Doab
(Expert) 02 January 2015
You have quoted from appointment letter. Hope there NO Corrigendum or any other communication sent to you changing the service condition of notice period to 3 months and notice pay @ Consolidated pay.........and you did not accept any such condition in writing......
You have tendered notice of resignation in line with service condition stated in appointment letter issued to you and have displayed character by co operating with employer beyond expiry of notice period on request of employer................. hence no deduction of notice period applies and employer should happily pay you the wages till last day worked....................
You have not absconded and hence this is falsification of record ............................Absconder is a derogatory word and you can sue them.....
The notice period as per (Name of the state) Shops and Commercial establishments Act, Standing Orders is max.30 days......................and you might be covered by these enactments .........and in such case the notice period can't be more than 30 days........
You seem to have a good case and may approach your Labor Law Consultant/Service matters lawyer with copies of all docs on record and proceed further to get the charge of 'Absconder'withdrawn in writing by the company and to get Relieving letter with good comments along with acceptance of resignation,FnF statement/wages,Service certificate, etc....
shivaramam
(Querist) 03 January 2015
Dear Sir,
I would like to append that my notice period is 3 months but not ONE month.
The actual words from my appointment letter runs like below:
"Your service may be terminated by the Company at any time by either giving you one month's notice or payment of one month's Consoidated Salary in lieu of notice. Similarly, it will be permissible for you to resign from our services subject to your giving the Company three month's notice in writing of your intention to do so. If you should leave the company's service without notice, you will be liable to pay to the Company a sum equivalent to your one month's Consolidated Salary or you will be liable to be sued for damages. If at any time you are found guilty of misconduct, your services may be terminated without notice or payment in lieu of notice in accordance with the law. "
And, I have not yet been given relieving letter saying "absconding". Instead, I have got the below email reply from them.
__________________________________________
Dear Mr. Shivaram,
Kindly refer to my discussion had with you many times that company has made
certain rules and regulations and you cannot decide on your last day working
without an approval, that to you stop coming for the duty (unthorized
Absent) without handing over the work responsibilities. As per the policy
you need to serve the notice period and mutually handover the work to the
suitable candidate in your position and exit.. Remember I was requested to
stay, but you stop coming from the work.
Please note that when the employee dose not respect on his duty, or not
return to the duty by the specific guideline from HR, your employment will
automatically cease.
1. Therefore I cannot give the Relieving Letter stating that you have been
relieved, instead of by giving you as " absconding"
2. Your full and final settlement is subject clearance of due (Notice
period)
3. Your Form- 16 is subject to giving all original proof of your saving.
That you will get it in July- 2015.
Please remember when you asked a job we trust and given career,
and lots of opportunity to grow. Similarly we expect your exit in the frame
of the company's rules.
I have explained you many times over a phone, and it's a HR- related issue,
the management is already taken the decision, I cannot deviate from my
responsibility.
Hope you have understood.
___________________________________________
I handed over all admin related work to a colleage which HR knows and since there was no reliever I could not hand over bills tracking work.
Kindly suggest how to go about it.
--
Thanks and Regards,
Shivarama M
Kumar Doab
(Expert) 03 January 2015
Notice pay in lieu of notice period is consolidated salary of 30 days as per the extract posted by you.....
You need to impress upon that you have properly resigned and handed over too after extending your last date in office as per requests made by company and you have not absconded........
Some rules and regulations have been quoted by your boss.....................DO you have copy of these rules??
If employee is retiring from employment by notice of resignation/resignation then
last date in office/notice period/expiry of notice period/effective date of resignation shall be chosen by employee.........................employee alone and this date can not be preponed or postponed by employer......
It is felt that you should take help of your lawyer handling labor Law/Service matters in drafting your representations........and proceed under expert advise of your lawyer.
shivaramam
(Querist) 03 January 2015
Dear Sir,
Thank you so much for your reply.
I would like to say you that I did not sign any document other than the appointment letter.
In this reputed organisation whatever MD/proprietor and HR say or communicate are only rules and regulations.
The issue like this is not only mine but of many so far.
Is there any other way to deal with them instead of sueing them?
I assume lawer intervation may enrage them towards negative consequences.
Kindly help me out.
--
Regards,
Shivarama M
Kumar Doab
(Expert) 03 January 2015
Your Boss has quoted some rules and regulations and has to produce the published version and such version should always be kept in the knowledge domain of the employee..........and might be available at some internal portal...........e.g. HR portal/Employee portal etc.......
In the appointment letter usually reference of HR policy/Service Rules and Regulations is quoted...................and a copy has to be supplied to employee.....
Employer should behave properly and should not and can not behave like a street magician and produce things from thin air.
The points raised by you have been discussed.
Beyond this it would be chatting only.
There is nothing more to add from side.
If you are confidant that you can take the situation to a logical conclusion with your skills then you may ....................
If you are unable to fetch relief on your own then you can seek support from employee's/Trade unions leaders and your lawyer.......
If you are unwilling to agitate then you have to accept the situation as your fate and employer has already communicated its decision ..................by charging you with MISCONDUCT (ABSCONDMENT) and it shall remain in your personnel file with employer and shall haunt you in future too.......although you seem to be on the right side....
You should ideally show all docs on record to a Labor Law/Service matters lawyer..
shivaramam
(Querist) 04 January 2015
Thank you so much sir. It's really great help from your end. I'll definitely take call on this.
--
Regards,
Shivarama M
malipeddi jaggarao
(Expert) 09 January 2015
I agree with the expert advice of Mr.Kumar Daob. But try for amicable exit - be firm and send a message in a polite way that you will not leave the matter that easily if proper relieving is not given to you.
