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Vijay (Accounts Manager)     21 November 2017

Pending Full and Final

Dear Experts,
I seek your professional advice on below matter.
I had resigned from reputed company after serving one month notice period. During my notice period proper handover /takeover has also been done. The company has issued Releaving letter and also my F&F statement generated and was about to release. The same is being hold due to some queries they wanted me to get resolved.
Now even if I am willing to do the same, my hectic schedule at current organisation doesn't allow me to do the same. I can say that I am dog tired daily and does not have extra energy to do any mental work. If I have resolve their query then I have to take leave and bear monetory loss.
Please advice as I am putting request mail to them but they are stick with their stand.


Learning

 15 Replies

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

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..

Vijay (Accounts Manager)     21 November 2017

Further as you had asked it's pertaining to my tenure and put negative asperation on me.

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

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.

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.

 

 


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