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Rakesh (Consultant)     07 December 2011

Help needed in process of releving form the company

I'm working in a MNC company for the past 6 years and currently got a good offer from a another company, so I submitted my resigination with 2 week notice and with 2 months pay off ,the company accepted the resignation with two months notice period. But as per my offer letter I had the below clause of paying the two months notice and leave the company, after reffering this also my HR insiting me to serve 2 months notice and leave the company or she is threatning of obscoend case on me.

Please let me whether they can leagaly file a obscoend case on me in this situation ?

Whether I can get my releving and exp letter from them ?

I done my transition and ready to pay my notice period, Please advice on this, your advice is greatly appreciated.. and accordingly I will decide my future...

Caluse give in my offer letter:

"You are at liberty to terminate your services by giving two month’s Notice in writing or by paying an amount equivalent to two month’s basic salary in lieu thereof. The Company shall, likewise, be at liberty to terminate your services by giving two month’s previous notice in writing or by paying an amount equal to two month’s basic salary in lieu thereof. On termination of employment and I or your resignation during the period of your probation or thereafter, you will immediately give up to the Company all tools, accessories, formulae, documents, etc. of whatsoever nature in your custody, care or charge and obtain clearance from the relevant person(s), office(s), department(s), on production of which alone your dues, if any, will be settled by the Company"



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 7 Replies

kameswarao S (Head HR)     08 December 2011

Dear Mr.Rakesh,

As per the information wrt your appointment letter and the notice pay you have every right to pay the 2 months basic salary towards the ntoice pay. Pl get a DD equivalent to that amount, hand over in HR and obtain a receipt from them and ask them to relieve you as per the notice pay clause.  If they are not ready to accept and relieve directly approach local Assistant / Dy. commissioner of labour and submit all  related documents.

If there also you don't get positive reply then identify a good lawyer who is welversed with labour laws and send all the documents through him and close the matter.

My sincere appeal to you is better to convince the HR  & your HOD and get the clearance because with all legal or statutory support if you got the clearance and this will have impact on your career.

Thanks and regards - kamesh

V. VASUDEVAN (LEGAL COUNSEL)     08 December 2011

I concur with the views expressed by Mr. Kameshwara Rao. Do revert in case the issue is not resolved

with the approach suggested.

Kumar Doab (FIN)     08 December 2011

Learned Mr. Kameswarao, Mr.Vasudevan has given valuable advice and have nicely explained the steps you should take.

Once you have ensured transition, submitted all company property, and adhered to dues at your end, nothing is due against you.

You have expressed to tender notice pay. You are a good employee and HR lady should rather be thankful to you and post her thanks to you.

You may in a gentleman manner, remind (in suitable words) her/her HOD, basics that your resignation has been accepted and now you can not be declared absconding. In this case the threat posted by the lady is perturbing. However if she does so, she shall be littering nuisance at workplace of her employer and later she shall be looking for the avenues to clean her garbage. It is for sure that a sensible HOD shall not approve of her decision.

In some cases HR (concerned personnel) is unable/incompetent to find/recruit replacement, check attrition and out of frustration resorts to litter the workplace with his/her ego/tantrums.

Kindly remain careful /vigilant and do not leave any room for the company to charge you on any count.

 

hello (na)     09 December 2011

 

hi,

i was working with comp A. i got offer from comp B. there was a notice period of 90 days and i gave a notice of 93 days. company filed my visa to retain me when 15 days left for my last day. they scheduled my visa inrerview aftter 2 days of my last day. but because of some family issues i could not attend visa interview on scheduled date. 

i clearly mentioned to employer A that i will not take my resignation back at any cost. still they filed my visa. i did my exit process on completion of my 93rd day and got one interm relieving letter (which says that this employee has worked with us from this date to this date. he is relieved from his duties and his exp letter will be sent after F&F only). 

i did not sign any service agreement. but sent one email that  "i naver comited to take my resignation back but as per discussion with onsite i will travel to onsite if i will get visa stamped"

on last working day i sent one more email that "i will get my final relieving on 21st Nov ir-respectiv of visa status (either approved, rejected or etc...)"

as of now i have interm relieving letter, one resignation email and one email from WFM that your last working day is so and so.

Now company is asking me to pay visa cost so they can look into my final relieving. but i did not sign any letter or agreement which says that if i do not go then i will pay.

pls help me.

Kumar Doab (FIN)     12 December 2011

@ hello!

You have posted that:

-"i did not sign any service agreement. but sent one email that  "i naver comited to take my resignation back but as per discussion with onsite i will travel to onsite if i will get visa stamped""

If you have not actually agreed and have not stated in writing, you may deny,in writing.

"Now company is asking me to pay visa cost so they can look into my final relieving."

Has the company stated so in writing? If yes you may again deny and decline.

Your notice of resignation has been accepted and date of relieving has been issued to you. Company is on weak foot.

You may complete the exit process, submit all company property under acknowledgment, handover the charge under proper acknowledgment, submit your final letter of resignation under acknowledgment quoting reference of your notice of resignation, demand the due certificates/payments from company in your letter of resignation and seperate.

hello (na)     12 December 2011

actually, my last working day was 17th nov, so they gave me one email on 16th that your last working day is 17 but they extended it for 21st. but they gave me one interm relieving letter from company that

"this guy was our employee from this date to this date. he is relieved from his duties but his exp letter will be sent to him after full and final."

pls help me....

Kumar Doab (FIN)     12 December 2011

Your notice period is 90 days. If you have served 90 days notice period, notice pay can not be deducted.

If you have not accepted Visa offer, during your notice period, visa fee can not be deducted.

You may submit a statement of payables by company to you, and payable by company to you ( if any) and ask the company to verify it and supply the verified copy to you, to avoid loss of time, funds, time to both the parties. If in FNF Statement Company deducts any amount e.g. visa fee, you should lodge your protest and declare the FNF as wrong and unacceptable to you in writing and demand payment of deducted amount.

Company has to issue work experience /service certificate and it can not be made conditional i.e post FNF.

Relieving letter is issued post all settlement.


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