Mohammad Imran (Manager Operations) 03 October 2012

Related to notice period & releiving letter

Dear All,

I had served a reputaed NSE/BSE listed company from Nov 2005 to May 2007 and I had resigned on 12/05/2007requesting for releiving on 31/05/2007 stating that I was willing to pay wahtever amount i needed to pay in lieu of my remainig notice period but they forced me to serve full 90 days of notice period. I did not and left after serving on 31/05/2007 communicating to all the concerned that i will not be reporting after 31/05/2007 and did a proper handover. After that i was not being issued my releiving letter so i had to send a legal notice in the year 2008 and trhen they sent me my releiving letter but the date of leaving was mentioned as 12/08/2007 rather than 31/05/2012. I did not communicate further because i was not in need of the releiving letter as i was planning to do something else during that period. But now i need it and had communicated with the HR of the organisation requesting for a correct releiving letter which they say can not be issued as i had absconded and did not serve my full notice period in spite of the fact that they have already issued me arteleiving letter which should not have been issued if i was absconding secondly if i was absconding they should have tried to communicate with me which they never did. I just want my correct releiving letter. Please advise if i should send them a legal notice again for the same.

RegardImran

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3 Replies

Kumar Doab (FIN) 03 October 2012

You have posted that:

“I did not and left after serving on 31/05/2007 communicating to all the concerned that i will not be reporting after 31/05/2007 and did a proper handover.”

As you have done proper handover this shall come to your rescue.

Do you have a copy of this handover?

If company has inserted a document in your personnel file maintained at their HO, declaring you absconding, then it should be from date of start of office hours of next working day e.g. 01.06.2007 from which you have not attended office and not from 12/08/2007.

Moreover did the company issue any letter, email, notice, legal notice, advertisement in paper etc that you are absconding, and if you do not report a disciplinary action shall be taken/initiated/concluded and you shall be terminated?

Moreover after conducting proper handover how can the company declare you absconding?

The company yielded to legal notice and supplied relieving letter.

You may submit the facts to good offices of appointing authority, MD, Company Secretary, and mention that HR has leveled false allegation verbally/in writing when you represented latest on dated………to Mr/Ms……..designation…….dept……….address {mention phone number……if representation was telephonic, and retain the bill} while you have complied to norms of proper handover, and demand corrected relieving letter be supplied to you say within next………7 days by reg. post only. You may mention that postage prepaid self addressed envelope is enclosed for sending the docs by redg. post to you. You may request the good offices to allow you to examine your personnel file and grant appointment on a mutually convenient date, time.

If company has adjusted notice pay in FNF statement/settlement you highlight it.

You must keep the copy of FNF statement safely with you.

If comapny asks for old relieving letter be returned you may keep a notarised copy with you, send original by redg. post only followed by a scanned image by email.

Ajay (N/A) 03 October 2012

Hi
I joined a company in Nov 2011 at the time of joining I was offered a joining bonus.
The bonus clause mentioned " Rs X (recoverable in case the employee decides to leave before completing one year)
I have 2 month notice period. I'm planning to resign in mid Oct 2012 and last date of working will be Dec 15 2012. Technically speaking I would have completed 1 year during my notice period. Do I still need to pay the joining bonus.
Regards
Ajay