Vijay R (Engineer) 26 April 2010

Left Company Before Notice Period

Hello Sir,

I worked for a MNC IT company from Aug06 to Apr 08. During this period my Company was been taken over by some other company and notice period was increased from 30 days to 60 Days. And there was no option i need to forcefully accept this new notice period as i need to work in the company.

Later in the month of Mar 08 due to better oppurtunity I need to leave the company.Hence I wrote resignation and requested for earlier relieval but company not accepted before 60days.
I also mentioned when I joined it was 30 days and You increased to 60 days.But the HR never listened. Once this tussle, i was in notice period for more than 40 days and left organisation after informing my Managers/ HR. And I joined diff.company in other city.

Later after a month i got a absconding letter , followed by termination letter also. When i spoken to the company, they mentioned it was the rule to sent so.

In the meantime, After i left company also for month of May08 and Jun08 i have got salary deposited to my Salary account (old company) eventhough i was not working during that period.

Till now no one from Previous company claimed the amount. Can you please advise on this.

Now i want to withdraw P.F and need clearance from my old company. Also need a Experience certificate.

Please suggest and advise.

Thanks
Vijay

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2 Replies

R.Ranganathan (Advocate) 26 April 2010

What happened to your resignation letter. where it is now. You just tell the company that you have already submitted the resignation letter and there was only a dispute with regard to notice period. The company can claim only compensation for the number of days you have not attended office during the entire notice period. They cannot stop your PF withdrawal and other things if you had resigned by giving notice to the company. You just don't accept the salary for the period you have not worked. You can return the salary amounts for the months you have not worked by Cheque and in that letter itself request for relieving order from the company.

Kumar Doab (FIN) 26 April 2010

The new company which took over might have increased the notice period to deter employees from leaving, and so that their projects to be completed may not suffer, without informing the reason in writing to you.

It is believed that you submitted your notice of resignation in Mar08, and worked for more than 40 days after that i.e in the month of Apr/May08, and left after informing your Manager and HR.

You could have remitted the notice pay for the balance period, when you wanted to be relieved earlier, and left the company.

You must have kept an acknowledgment of your notice of resignation with you, and a record of your communication to your Manager/HR, by which you informed that you are leaving , and you must have deposited the company property if any with you, and must have obtained the receipt of it.

You may mention that you were never absconding, and you resigned, after informing your Manager/HR, and company could deduct the notice pay for balance 20 days or so from F&F, and you have deposited the company property vide receipt issued to you,and you are not liable for termination.

You may calculate your account to be settled with your old company.e.g salary,reimbursments,leave encashment,allownaces,reimbursments, etc as in your appointment letter, and the amounts received from your company, and you may mention that notice pay or balance if any may be deducted from your F&F which you have not received, and ask for clearance.

You may ask for your relieving letter, experience certificate,NOC, from16,PF accumulation report etc.

You my use your rapport with old company and try and settle the matter thru your Manager and HR, amicably, ,and they should appreciate your sincerity to bring to their notice about the remittance of salary, even after you resigned.

It shall be appropriate to consult your service lawyer with all the documents you have for an opinion and your lawyer can help you draft an appropriate communication.

You can visit Regional PF commisioner office and they shall help you to transfer/withdraw your PF.