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Nikhil Trivedi   12 December 2017

Regarding relieving from the company

I had been employed in an IT company where I had served for 1 years 4 months. On 7th Nov, I already informed my manager that I would be serving till 4th Dec and for any shortfall I will be paying the rest. . Also he told nothing is under his control and I had to talk to the delivery manager of the project but he assured me that things would be sorted. He assured me of early release but that didnt happen till 6th Dec. Also I applied this late on 27th Nov in the company's internal portal for the relieving date as 4th Dec. Let nothing happened. I stopped going to the company and joined a different company where I had already told about the situation. Now my ex-employer is telling that action would be taken against me but when I read the offer letter, it was written : If I leave the employement without giving notice, the company has the right to deduct the amount mentioned in the notice period of one or two months of gross salary as the case may be from any amount that is payable to me or call upon to make the payment in lieue of shortfall in notice period,besides taking action for breach of contract.

THey are telling they would take action against me. Tell me what should I do.

 

Regards 



Learning

 2 Replies

Kumar Doab (FIN)     22 December 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Kumar Doab (FIN)     22 December 2017

 

 

Did you inform in writing to manager under proper acknowledgment?

Do you have copy of submission at internal portal? (Hope you have and if yes you have not absconded/absented/abstained)

Has the manager corrected/modified dates as per your earlier submission at internal portal?

Have you submitted in writing under proper acknowledgment to past establishment that you resigned w.e.f dated…………. as per representation to manager and on dated submitted at company’s portal?

Has company replied in writing?

If yes, what is IT’s reply in writing?


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