Termination of employment after my resignation
Siva Kumar
(Querist) 11 December 2017
This query is : Resolved
Dear Sir,
I am Sivakumar from Bangalore. I had resigned from my previous employment in Aug17 with 20 days notice period (as per policy 2 months notice period). I had discussed with my Manager and HR that I need to get relieved after 20days due to personal requirements. Even I propose to pay the payment in lieu of notice period, they denied all the ways. So, I exited from the company after informing them with reasons. I did not get my salary for 1.5 month which was on hold and relieving letters. EPF settlement also they did not process. Please advice if I have to take legal action against the company.
P. Venu
(Expert) 12 December 2017
The facts, as posted, lacks clarity
Siva Kumar
(Querist) 13 December 2017
Dear Sir,
After resignation at my end, company did not relieved me smoothly and even company did not pay my salary when I was in notice period. So, I had no hopes that I will receive my salary even after serving complete notice period. I kept on requesting them to relieve me as I had a personal obligation to meet, but they never acknowledged my requests all the times.Therefore, I exited voluntarily from the company after giving the reasons for my exit. As per termination clause in appointment and offer letter, all the conditions are in benefits to the company only (company did not accepted payment in lieu of notice period except complete serving of notice period of 60days). As informed them I was not in position to serve complete notice period and served for 20 days and requested if they accept payment in lieu of notice period but they still denied it. Now, my salary and EPF settlements are pending from the company. Is there any way to recover my settlement dues from the company? Please advice.
Kumar Doab
(Expert) 13 December 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Kumar Doab
(Expert) 13 December 2017
You have posted that you have been communicating with company i.e. either employer/owner or good offices of appointing authority/MD/CEO or attorney’s of employer in Line Management/HR/Admin/Personnel/Legal cells………..
Did you communicate everything that you posted in writing under proper acknowledgment?
Have you been working after leaving past employment or remained unemployed? If you remained unemployed, then for how long?
Have you submitted PF withdrawal/transfer forms under proper acknowledgment?
Has the establishment declined to attest PF forms on record?
Post full facts and we will help you, throughout.
As per title of the query have you been terminated?
Dr J C Vashista
(Expert) 16 December 2017
Issue a legal notice through a local lawyer demanding dues and relieving letter.
Kumar Doab
(Expert) 16 December 2017
You have not responded to points raised.
Has the establishment terminated you and issued/supplied the termination order?
If yes, what is the reason stated in it?
Kumar Doab
(Expert) 16 December 2017
If you are so far not terminated so far and order in this regard is not supplied to you then check if in IT's records company has declared you absenting/absconding/abstaining and squared off your dues.
The legal notice may either resolve the matter or complicate it, for you.
It is upto you to run to send legal notice or discuss your query and act thereafter.
