Vijay (Accounts Manager) 21 November 2017
Kumar Doab (FIN) 21 November 2017
Who are they that are asking to resolve some queries ay; employer him-herself or IT's attorney's in line management/HR/personnel/admin/legal cells?
What queries they are asking to resolve?
Are these queries pertaining to some account/transactions during your tenure that cast any negative aspersions on you, your conduct,FnF settlement, future employablity?
Have these;they asked to resolve queries in writing?
If your current emloyer's establishment declined to allow you to do the same then have you communicated in writing (in response to written communication) to past employer?
Kumar Doab (FIN) 21 November 2017
Generically speaking; The past employer can not ask employee that has separated and that is relieved to come and work for it after separation.
It can offer payout for any such service however it is upto employee to accept or decline.
You have properly posted that your curent employer does not concur with demand of past employer or IT's attorney's or yourrequest to accept demand of past employer.
Your current employer is not wrong also.
Vijay (Accounts Manager) 21 November 2017
Vijay (Accounts Manager) 21 November 2017
M.S.R.Murty ( Manager (Admn)) 22 November 2017
Dear Sir,
Till you get the releaving letter, you have to answer the questioneer of the Organisation and should properly handover the charges. If you feel it is intentional then you may proceed legally or seek the intervention of Deputy labour commissioner to resolve the problem.
Vijay (Accounts Manager) 22 November 2017
M.S.R.Murty ( Manager (Admn)) 23 November 2017
Dear Sir,
I have already hinted you, If you feel their act was intentional you may proceed legally. If you feel it is monetary burdensum, then you can seek the intervention of Deputy Labour Commissioner.
Kumar Doab (FIN) 23 November 2017
Originally posted by : Vijay | ||
Thanks @ M S R Murty for your valuable opinion. Also let me clarify that during my notice period, when procedure of my Handover has been completed and after that if my subordinates resined then I am responsible for not to take Handover from them ?? Actually I didn't take just because I feel that it's not fair to do so. |
After employee has been relieved, he/she is NO more an employee.
Emplyer can not ask and/or employee can declin to perform any task for past employer.
What exactly do you mean from ; your handover was complete?
You were relieved?
Kumar Doab (FIN) 23 November 2017
Originally posted by : Vijay | ||
Sir,You had guess correctly, it's pertaining to some accounting queries. I would like to focus more light on the situation. Actually whole Accounts team has resigned from the office after I had put down my paper. I am being the Manager had followed whole the procedures of the company and my assistants relived freely by giving short notice period. Since I was under notice period...I feel that it was not fair to take Handover from them. Also proper instructions was not communicated to do the same. On the other hand I was relaxed because my Handover has been properly done.Please suggest.. |
If such task is to be perfromed upon instructions, and NO instructions were issued, supplied, then what exactly is the issue!
If resignation of junior staff was accepted at shot notice by authority empowered to accept resignation then the authority that has to issue instructions to perfrom such task should have issued the instructions.
Probbaly they though you are in notice period/being relieved/are relieved hence you are not considered to perfrom such task.
In any case junior staff can be contacted by past establsihment that employed them for shortcomings, if any.
Kumar Doab (FIN) 23 November 2017
You have not replied to all points.
Are there some issues onus for which can be transferred?
If,yes you have not posted....!
Kumar Doab (FIN) 23 November 2017
You have posted that you were a Manager and probably had reportees, also in past establishment.
If you are you are covered by the def. of 'Workman' as in ID Act ( you may and you may not be) you can aproach O/o Labor Commissioner, otherwise not.
So although Mr. Murthy has suggested to approach DLC, yuor matter may not neccesarily be taken up by them.
Kumar Doab (FIN) 23 November 2017
Some states had provision of informal discussions between Management and Employee.
Check if your state had any such provision and if it has you may approach DLC....
Kumar Doab (FIN) 23 November 2017
Th establishment has relieved you by issuing relieving letter.
The designated employee has processed and prepared your FnF statement and is holding on to IT to be transmitted to you...............................upon verbal or written communications (which is not confirmed by you).
It is upto you to ascertain if any onus can be transferred on you that has implications of any misconduct or loss...............and act to resolve the situation....
Kumar Doab (FIN) 23 November 2017
If there are NO such implications then check as per record of establishment that is in your kwnoledge, to ascertain if you can be covered by the ID Act and approach labor Authorities/labor Court/CGIT
or Inspectorate of Shops & Estbs Act is establsihment is covered by the Act and you are covered by the def. of Employee
Or Inspectorate under Payment of Wages Act if you are covered by the def. of Wages............This Act does not discriminate between 'Workman' and 'Non Workman'....
Or civil Courts..
Or resolve with your own skills
or lean on seasoned Employee's/Trade union leaders ....Unions may embrace you....
It is upto you.