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lucky (a)     04 September 2010

Company Not Providing Reliving letter

Hi Experts,

I need your expert advice here, I was working in one company than I resigned & sent official resignation mail from company id on 1st May 2007 & clearly written that my last working day will be 8th may 2007 & handed over my all assets provoded by company & my manager also sent me an email that please treat my this email as acceptance of your resignation.He didn't mentioned any date.

But now company has sent me full & final settlement where they have shown mu last working day as 21st May 2007.where as I have joined new company on 10th May 2007 so it will be dual employment for me for 10 days.

Now company is saying they can not do anything in this.This is not my fault its company's fault.

Please tell me how I can take this further so nthat they give me reliving letter upto date when i resigned



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     04 September 2010

Acceptance of a letter of resignation is different from the effective date of release and/or the completion of notice period. HRs some time don't understand. Also once your resignation is accepted (even e-mail would suffice provided you have a copy of the same) you are free to join a new company and if the HR delays your date of release it does not amount to dual employment. Make simple summary of your date of resignation, date of acceptation and the date of release by the company (which could be deemed to be issued after expiry of notice period. Provide this statement to the old company and ask for certification. Even if they don't issue, present this summary to the present company. As for settlement of dues, you need to accept the cut for the notice period, provided the calculations are correct.

lucky (a)     04 September 2010

Thanks for the reply,

That is my actual problem, company is  saying we can not change the date even though it is written in resignation mail & very well acepted by my manager.They are saying in our records your last working day is 21st may 2007.but i joined my new company on 10th may 2007.

so please suggest me how I can go ahead, Can I go to labour court & if yes how ?

Ruchi Choudhary (Manager-HR)     08 September 2010

Send the notice to company asking them about attendance register where you have signed or if there is a punch system where you have punched the card....if they will fail to give you the same then send them a legal notice and sue them under 420.

regards,

Ruchi


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