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Rida Adams (NA)     17 May 2014

Employer not issuing fnf and relieving letter

Hi Team,

 

I worked in a company for 16 months and left the company on 28th March 2014 after giving 1 month notice period. It's been more than 45 days and my company refuses to issue me FnF and relieving letter. I have called my HR but she never answers the call. She happened to take my call and gave me same unacceptable jazz. The same day she told me that my exit formality is completed and she will hand over the papers to the accounts team and she will inform when to come and collect the fnf. They are interferring in my personal life and asking for proof as to what I am doing now. Today the HR sends me a message on my phone asking to submit documents for my further studies. I cant submit any documents because I am still searching for college. 

 

I want to know if my ex-employer still deserves the right to interfere in my personal life even after leaving the company on a good note.

 

The company has tortured me a lot during my resignation and with great difficulties i left that company. They havent stop yet and still continuing even after leaving the company. Pls help and guide me as I am alone in this place.



Learning

 14 Replies

Kumar Doab (FIN)     17 May 2014

Do you have copy of resignation,its acceptance, copies of exit forms completed by you?

The day for payment of FnF wages is last day in office/within next 3days or max. by usual pay day.

 

There are many threads that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3dUvUeBmXU

 

https://www.lawyersclubindia.com/forum/Salary-issue-102041.asp#.U3dVbEeBmXU 

T. Kalaiselvan, Advocate (Advocate)     17 May 2014

Your company has no rights to know about your personal life especially after you have resigned from the company. You can very well refuse to divulge any such information and you can even question them their rights and interests in your personal details.  If your HR is not cooperating, you may approach the top management of the company seeking the relief and if you do not get any proper response from the top management too, you may resort to legal action by first issuing a lawyer's notice demanding the pending  terminal issues/benefits from the company to you.

Rida Adams (NA)     17 May 2014

The HR told me to call her on Monday reminding her about my FnF query. So i will remind her but will not divulge any details about my personal life. I will keep you posted about her response. Thanks so much for giving me confidence.

Kumar Doab (FIN)     18 May 2014

Record all calls.

Rida Adams (NA)     21 May 2014

I sent a sms to my HR and called her but she didnt answer my call. She sent me a message early morning (as the company is into night shift) asking to call her in the eve. I did and she asked me to submit a copy of my further education brochure or letter failure to which she wont issue me the letter. I sent the pdf file from the institute from where I am planning to go abroad to study and everything is mentioned in the pdf file with the contact person name. I am still awaiting reply from the HR team about further updates.

I had to do this because I am alone in this city without any help from anyone. The company CEO has good contacts with local constables and in the past i used to get threatening calls from those constable asking me not to leave the company and continue with working in the company.

venkateswarlu   28 December 2015

Dear sir /madam i was join axis bank april 24/2014 i was done 651a/c casa and li 6 lakhs in 1year 6month and i was conform november 1 but my salary hike is happen only after jan month didnt get hike 3months salry nobady helping and after they were promising they will give asst manager its not happenig finally i got offer other organistion and due to the my family finacial problems iwas resign the job june 13 2015 8 june and july 8 times they were rejected my resignation and finally i request the suprior they were accepting my resignation and they were given releving ackonwldegment with branch head signature andthey were intiatied my final settelment also after 8th october iwas releving axisbank and they were told we will give releving letter after 3days and i went axis bank indirangar they were asking 2days time some internal issue after i went they said your open one pvt inthe name of raffil movers pvt ltd desrepercency isthey we wiil solve the problem within 7days finally 3month over new organazation asking releving letter they were holding 3 months salary and alsoiam jobless iam coming from poor family when ever a/c open iwas shown the aof all my superior they were aggree and open a/c through video confernce i was took sign and they were send courier and iwas show the aof my seniors with their help only iwas open a/c that no tranction is happen iwas releved 8th october 4th director 14th is given complaint aginst mr thukaram not on me and now they were sent fraud investigation team now iam other organgaion and alredy 3months over they were said we dont know when its clear iam working axis bank full heartdly now no one helping iwas lost job and 2years exprince gone 3months salarygone now iamon raod dear sir/madam i request you kindly reslove the problem with in 2days and help me my carrier and my life i dont have any problem either retained or release my releaving letter andiam not given complaint any my superior collique this ony requeting to help my carreier

Kumar Doab (FIN)     01 January 2016

@ Vankateswarlu,

Repeated Query.

Deepak Kumar Nayak   04 July 2017

Hi,

Myself Deepak Kumar Nayak, i was working With Quick Heal Technologies from 26th Nov 2016 to  2nd June 2017.First i have joined Quick Heal as a Technical Support Engineer ,on 12th December due to my consistence and over performance i was provided with a promotion with proper Internal Interview process.I was promoted as Malware analyst in Pune Head Office in the R&D department. As per company policy i was provided with relocation expenses and other benifits.As i was completely transferred to a new role from my skillset,so i have taken around 2 months to understand the whole process.

During the third month company has decided for a layoff as they have budget problems and other excuses, they have started asking employees in group of 5 from major departments to leave and started putting them in PIP's (Proffesional Improvement Program) that is sort of notice period as per the managers.No one has given any guidelines or  help how to overcome the issue.As per manager take this as your notice period and start searching JOBS.

Actual problem:-

During F&F they have provied one amount in which the payroll department has done multiple mistakes while calculating the amount,which i found and reverted back with all proofs.

Proofs For issues:-

Area where i found to be  wrong :- 
 
1. My PLI (Incentive for the Q2 was not added in FNF)
2. I am not eligible for Sodexo/Zeta as per QH policy still i got a deduction of 1250/- for the same.
3. Leave encashment received only for 0.5 days as i was having full leave balance for 2017-18 i.e 21 + 1 day from previous calender 2016.
 
So they replied me with below mail:-

1. My PLI (Incentive for the Q2 was not added in FNF) :

Reply:-We will add and share revised FNF.

2. I am not eligible for Sodexo/Zeta as per QH policy still i got a deduction of 1250/- for the same.:

Reply:- We will make changes in revised FNF

3. Leave encashment received only for 0.5 days as i was having full leave balance for 2017-18 i.e 21 + 1 day from previous          calendar 2016.:

Reply :- we have added 21 Leaves as advance in April month (1.75X12=21), now you have left on 2dn June hence we have considered only 4.5 leaves on prorate and we have checked you Total Leaves, Total absent days and remaining days we have encashed.

But they called me and mentioned that i have to return all the expenses and benifits during the time of relocation.

*Already they have share me the F&F with no such conditions but when i have shown there mistake in calculation they have started showing me different policies.

I have gone through the relocation policy and found that if the resignation is by employee then he has to return the amount ,but if its by company enforcement then repayment is not required.

When i tell them the same they are telling to give me termination rather than releiving letter.

I am mentally tortured by my HR and manager,and they have asked us to resign now they are my hard earned money.

I have all the proofs and emails sent to me.

What should i do.

Please help me.

Regards,

Deepak 

 

Kumar Doab (FIN)     04 July 2017

Were you given in writing that you will be trained for 2 months after promotion?

Do you have any evidence of performance paramates and actual performance, printed version of PIP?.

The written communication to correct FnF statement should suffice.

Do you have any evidence that it is lay off/downsizing/retrenchment in the garb of PIP?

Have you submitted notice of resignation?

Lokender Gupta (Director)     05 July 2017

Your company has no rights to know about your personal life especially after you have resigned from the company. You can very well refuse to divulge any such information and you can even question them their rights and interests in your personal details.  If your HR is not cooperating, you may approach the top management of the company seeking the relief and if you do not get any proper response from the top management too, you may resort to legal action by first issuing a lawyer's notice demanding the pending  terminal issues/benefits from the company to you. 

 

Kumar Doab (FIN)     05 July 2017

Either resolve with your own skills with attorney's of employer in HR etc or escalate to good offices of appointing authority or Lawful Aurthority as applicable in your case or court of law......... as PIP or thru your very able counsel...

Deepak Kumar Nayak   06 July 2017

1.No i have  not given any written notice for training or probation.

2.Yes i have proof of performance paramates and actual performance, printed version of PIP

3.They have sent me the first FnF which includes everythig except my Leave encashment,incentivies and Sodexo amount but in revised FnF they have deducted my relocation amount from Hyderabad to Pune which has beared by the company also there was miscalculation in my leave encashment.After i have provided all the proofs they have included my leave amount and incentives but they have deducted my relocation amount in the 2nd revised FnF.Its a public limited company but they do so much mistakes in calculations.

I asked why my relocation amount is deducted they are now putting policies against that,i mean if a company has initiated  a transfer of an employee then how can they recover the given amount also when they asked me to resign.

The HR is threatening me to take termination if i want the money and if i forget the amount then they will provide me the releiving letter.

I have my conversation recorded in my phone about the termination options.

4.I have proof about the layoff as at the same day around 6 employees asked to resign kept under PIP,and they can speak for it.Management is very clever it asked around 5-6 members from different departments to leave instead of mass layoff and this is getting repeated in every 2-3 months.Some employees resign of their own after asked them to put in PIP.

5.I have forced to put my ressignation.This is the last mail what they given after 1 month of PIP.No one has guided or helped how to overcome this rather my manager asked me to search for new JOB considering as a notice period.

Hi Deepak,

This is with reference to the formal Performance Improvement Plan (PIP) that was initiated for you on 05th May 2017.

Your performance has been tracked on an on-going basis against specific given areas. 

The overall performance is not as per the expectations during your PIP period.

As per the HR policy, the last working day for you is 02nd June 2017. Kindly communicate with HR- Shailesh Banaeet for exit process.

Deepak Kumar Nayak   06 July 2017

1.No i have  not given any written notice for training or probation. 2.Yes i have proof of performance paramates and actual performance, printed version of PIP 3.They have sent me the first FnF which includes everythig except my Leave encashment,incentivies and Sodexo amount but in revised FnF they have deducted my relocation amount from Hyderabad to Pune which has beared by the company also there was miscalculation in my leave encashment.After i have provided all the proofs they have included my leave amount and incentives but they have deducted my relocation amount in the 2nd revised FnF.Its a public limited company but they do so much mistakes in calculations. I asked why my relocation amount is deducted they are now putting policies against that,i mean if a company has initiated  a transfer of an employee then how can they recover the given amount also when they asked me to resign. The HR is threatening me to take termination if i want the money and if i forget the amount then they will provide me the releiving letter. I have my conversation recorded in my phone about the termination options. 4.I have proof about the layoff as at the same day around 6 employees asked to resign kept under PIP,and they can speak for it.Management is very clever it asked around 5-6 members from different departments to leave instead of mass layoff and this is getting repeated in every 2-3 months.Some employees resign of their own after asked them to put in PIP. 5.I have forced to put my ressignation.This is the last mail what they given after 1 month of PIP.No one has guided or helped how to overcome this rather my manager asked me to search for new JOB considering as a notice period. Hi Deepak, This is with reference to the formal Performance Improvement Plan (PIP) that was initiated for you on 05th May 2017. Your performance has been tracked on an on-going basis against specific given areas.  The overall performance is not as per the expectations during your PIP period. As per the HR policy, the last working day for you is 02nd June 2017. Kindly communicate with HR- Shailesh Banaeet for exit process.

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=102381&offset=2

Kumar Doab (FIN)     06 July 2017

Originally posted by : Deepak Kumar Nayak
1.No i have  not given any written notice for training or probation.

2.Yes i have proof of performance paramates and actual performance, printed version of PIP

3.They have sent me the first FnF which includes everythig except my Leave encashment,incentivies and Sodexo amount but in revised FnF they have deducted my relocation amount from Hyderabad to Pune which has beared by the company also there was miscalculation in my leave encashment.After i have provided all the proofs they have included my leave amount and incentives but they have deducted my relocation amount in the 2nd revised FnF.Its a public limited company but they do so much mistakes in calculations.

I asked why my relocation amount is deducted they are now putting policies against that,i mean if a company has initiated  a transfer of an employee then how can they recover the given amount also when they asked me to resign.

The HR is threatening me to take termination if i want the money and if i forget the amount then they will provide me the releiving letter.

I have my conversation recorded in my phone about the termination options.

4.I have proof about the layoff as at the same day around 6 employees asked to resign kept under PIP,and they can speak for it.Management is very clever it asked around 5-6 members from different departments to leave instead of mass layoff and this is getting repeated in every 2-3 months.Some employees resign of their own after asked them to put in PIP.

5.I have forced to put my ressignation.This is the last mail what they given after 1 month of PIP.No one has guided or helped how to overcome this rather my manager asked me to search for new JOB considering as a notice period.

Hi Deepak,

This is with reference to the formal Performance Improvement Plan (PIP) that was initiated for you on 05th May 2017.

Your performance has been tracked on an on-going basis against specific given areas. 

The overall performance is not as per the expectations during your PIP period.

As per the HR policy, the last working day for you is 02nd June 2017. Kindly communicate with HR- Shailesh Banaeet for exit process.

 

Upto a limit you seem to have managed with your own skills.

Have you resigned?

Have you resigned before the above mentioned email was issued to you?

You may manage to place on record (in writign under proepr acknowledgment/POD) that you were asked/corced/forced to resign. Can you or are you willing to do so?

 

Have you consulted so far  a very able local senior counsel specializing in Labor/service matters for a considered opinion?

There are many employee's unions/trade unions.Why don't you seek their support and advise!


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