Not getting early relieving & not even salary

You may refer to the terms and conditions expressed in appointment letter issued to you and accepted by you.

Under termination clause is it mentioned that notice or notice pay in lieu of notice.

You have posted that:

--"But company asking to stay till last day of my notice period or untill my reliever joins." Your tenure of employment is only 5 months and company is justified in defending itself as if majority of the employees leave after small period of say 5 months how the promoters shall run the company?

However the condition expressed to you even if verbally "until my reliever joins" is not justified. Since you agreed and are serving 60 days notice period it is company’s responsibility to ensure replacement employee is designated or you can leave by handing over the charge to reporting authority/HOD/HR whosoever is designated by the company.

You must submit notice of resignation in writing addressed to the good offices of your appointing authority, MD, Head-HR (dated 60days back) and mention your effective date of resignation shall be ...........( after 60 days) and decline to accept "until my reliever joins" condition expressed to you by Mr/Ms.............designation/dept..................on dated..............verbally in office. You may ask for acknowledgment of notice of resignation.

--"Are they reserved such rights to hold last 2 months salary as full n final settlement."

NO.

Usually companies hold salary for the last month in service and pay it in FNF settlement. You may impress upon the company to pay salary of Feb immediately. You may escalate to good offices and persisit and convince them. If you wish you can report to O/o Labor Commissioner/Wages Inspector.

All wages/payouts should be paid to the separating employee on last day in office or within next 2 days including, acceptance of resignation, service/experience certificate, relieving letter, PF number/accumulation report/duly attested withdrawal-transfer forms, form 16. The purpose of notice is to enable employer and employee to ensure smooth exit, and settlement of dues.

If the employee is facing financial crunch employee can request the good offices to pay say 80% of the payouts and rest in FNF settlement and employer should agree. You may issue reminders and say 5 days before last day in office you may mention that you shall be resigning on the already informed date of ……….. and your settlement may be confirmed and paid to you by last day. On last day you may handover company property under acknowledgment and submit final resignation under acknowledgment.

Thanks a lot for your prompt response.

I have already submitted my resignation with mentioning effective date of 4th Feb & asked for relieving on 20th Mar'12. I continued service with out break. Even salary paid by them also 2 month delayed. I am entitle to get salary of Mar'12.

Our salary cycle is 26th to 25th of every month.

My appointment letter clause says that:

"During the period of probation and or on confirmation, the notice period will be TWO MONTHS (60 working days notice without adjusting any- pending leaves, or holidays as the case may be) or alternatively payment of like period of like salary in lieu of such notice. However, if the company does not accept the payment instead of notice period for any reason, whosoever and directs you to continue the services, you shall continue until you are relieved"

"ln case of your termination or dismissal or discharge by company on account of any misconduct. then the above clause will not be applicable' ln case you leove the services of the compony wiihout giving 60 working doys notice.or period relevant  to the level of the time of resignation ond handing over the complete charge to the concerned department, your dues are lioble to be forfeited / adiusted against loss coused to the compony"

HR asked for my Director's approval to get release my Feb'12 salary. Nobody responding well. HR started giving excuses like i am doing only follow up with HR & sitting ideal in office which is not supported by my Boss.

HR asked to take approval of comapny's director's approval in case of early relieving cases as they don't reserved such rights. I already approached Director & he is asking to convince any of colleague to take time being handover till my reliever comes as he has been already appointed and confirmed joinig. When one of my colleague got ready for time being handing over, then they gave excused that he is not good guy n bla bla bla...

Here, HR don't reserved ant rights. Even Company's Attrition rate is so high. But nobody cares about if employees get suffered by them. It's sounds funny that one of director dedicatedly looking for recruitement & attrition. Stil they didn't bring any change in system.

They are asking for ensurity of full notice period availability from me to process the salary. If i give them so and leave in beetween, Can they take leagal action against me as i already mention personal issues as reason of early leaving.

Your notice is over on 20th March. You may obtain communication from company that relieving date issued to you is dated.............which can be maximum 60 days (excluding holidays) from date of notice. Or you may submit a letter under acknowledgment concluding on dated..............Mr/Ms............designation/Dept.............informed you in office that your effective date of resignation is not accepted and you shall continue to attend office and shall continue to get salary and all other payout as a normal employee.

Loss caused to company has to be proved. Obtain some kind of communication from your boss like assigning you routine work and confirming that you have completed the tasks assigned to you satisfactorily. Keep record of attendance marked by you all work done by you in your personal file at home.

Submit a written communication to your director that as advised by him on dated...in person......you approached and Mr...........designation/dept..........agreed to be your replacement.

Address all communications to your appointing authority with a cc to HR, your boss, and you. Forward all emails etc to personal email id and keep printouts.

In case of any difficulty you can seek help from a local lawyer and approach o/o O/o Labor Commissioner/Wages Inspector.

Remain amiable and maintain rapport with boss and HR, and obtain replies in writing.