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Sandipan   16 December 2016

Resigned without appointment letter urgent

Dear Sirs, I have come across a problem. I joined an organization in sales manager role. Before joining I got an offer letter and signed it, where no terms and conditions were mentioned except my remuneration and other benefits. On the day of joining I had filled up and signed some other documents as completion of joining formalities. But I never received the appointment letter. After 7 days I found the job was not suitable for me. So talked to the HR over ph and then send resignation with immediate effect. Since then I'm receiving emails from them asking me to submit some other forms including a no due certificate to complete my FnF. The forms include PF transfer, Pension forms and No dur certificate where I need signature from all respective departments. They are asking me to send those documents so that they complete the FnF. But after submitting resignation with immediate effect i stopped going to office anymore. No way I can get those forms signed and courier to the concerned office. Meanwhile I have joined another company. They are continuously sending me reminders. I have talked to them and explained that I haven't received appointment letter. And whatever forms i have signed do not establish the employer employee relationship until and unless I sign the appointment letter. But they are telling me that in their system I'm appointed. So I have to complete the process. Don't know what process they are talking about. Because I haven't signed on any document where any sort of terms and conditions of the job was mentioned and I have worked there for only 7 days. I don't want to send them those documents neither i want any payment or FnF for those 7 days. But they are saying they need those documents to calculate the FnF. Please suggest me, what should I do now. Neither i want to send those files since I haven't received appointment letter and I'm still under impression that unless one signs an appointment letter he's not an employee of that company, nor do I want any payment from them. Just want to close this chapter. Please suggest me how i should tackle this situation and what should I tell them. Can they take any legal action against me. Or can they contact my present employer and share this incident with them as I haven't shared this 7 days' incident with me present company. I'm very worried. Please help. I work in kolkata. Thanks in anticipation.


Learning

 24 Replies

Kumar Doab (FIN)     16 December 2016

We have not seen and we are not aware what you have been writing to company and what company has been Posting to you and have not seen the said offer letter.

You should have consulted before acting on your own.

Attach everything.

 

 

 

 

Kumar Doab (FIN)     16 December 2016

In your other threads also it has been suggested to you that:

'you may discuss with your own counsel ...................You will get to know what to do and how to proceed.................Expert Mr. Devajyoti Barman is from kolkota.........You can benefit from his counsel.'

 

Employee should always consult than acting on his/her own and avoid distractions, till employe is proeprly infortmed and can handle his/her matters on his/her own .......................upto a limit.

Sandipan   16 December 2016

Dear Kumar Sir,

I think you are mistaken. The thread that you are referring to is a different one. That was about a probable pending case and Govt job and this one is about private sector job. This is about my immediate last assignment with a private organization. Please go thorugh my introductory post once again. As per your enquiry in the offer letter that I had signed only remuneration package and other benefits were mentioned, no ther clauses were mentioned. As you have rightly said you don't know what I have written to the company I must tell you that I have written nothing but the resignation letter with immediate effect. After sending that resignation letter they had relied that they had received it and for full n final settlement they needed some documents like PF transfer form, No due form duly signed by all department heads and Pension form. I have worked there for only 7 days, not signed any appointment letter only some joining documents were signed by my where no terms and conditions were mentioned. I have not replied to their mail, however I had a telephonic discussion with them that since I have not signed the appointment letter on what basis they are asking such documents and they replied that they need to close this chapter, so full and final settlement is required and to do that they need these documents. 

So my query was whats should I do?. Should I send them those docoments that they have asked or I should simply skip that. Is there any legal implications that I may face if I skip it. I just want to close this chapter, nowhere in future I'm going to share this 7 days'experience in my career.

So in brief- No appointment letter signed, joining documents signed, offer letter without terms and conditions signed, worked for 7 days. No company belongings with me. Resigned with immediate effect. No they are asking for some documents I have already mentioned above, what should I do? They are telling me that after I submit these documents they will calculate whether I owe anything to the company or the company does. What should I do.

Kumar Doab (FIN)     16 December 2016

First of all; I am not mistaken on anything.

and reiterate that: 

 

"Employee should always consult than acting on his/her own and avoid distractions, till employe is proeprly infortmed and can handle his/her matters on his/her own .......................upto a limit."

Kumar Doab (FIN)     16 December 2016

Joining Forms: You might have signed joining report. You have been there for 7days and employer-employee relation was established.

You have severed employer-employee relation by resignation with immediate effect.

FnF: You should ask to supply you the FnF statement shwoing computation of earned wages, statutory deductions. Employer may compute notice pay and you can claim that NO T&C on notice period/pay was either communciated to you,and/or signed by you and hence accepted by you, and thus applicable to you. If FnF is wrong you can decline to accept it.

 

PF/Pension: You can ask for salary slip showing the earned wages ( for 7days) and statutory deductions and supply you the PF number.

You can ask to supply you the requisite forms and you can submit under proper acknowledgment.

 

Kumar Doab (FIN)     16 December 2016

Handover of charge/assets: Company ask for it. YOu can clarify that you have NO assets and nothing to handover. And request to close th chapter of NOC etc ..........in writing on record with a copy to you.

Form16; YOU should ask for it and obtain it.

PF a/c slip YOU shoud get it.

Service Certificate/Releiving letter: You should obtain it without any adverse comments.

Kumar Doab (FIN)     16 December 2016

Don't conceal this tenure anywhere.

It can lead to charge of misconduct.

Collect 7days wages and all related documents.

 

Kumar Doab (FIN)     16 December 2016

Hope you are satisfied.

Sandipan   16 December 2016

Thank you for your detailed clarification sir. 

The only problem is to calculate the FnF and to proceed the FnF settlement they are asking me to fill up and submit Form 10C (Employee's Pension Scheme), Form 19 (Employee's provident Fund Scheme) and a No due Certificate. I have to fill up these forms and courier it to them then only they will proceed to Full n Final. 

Should I send these documents? I have asked them to send the the FnF statement earlier but they said they need these documents to go ahead further. And even if I want to send these forms no way I can go back to the office and get the No due certificate signed by different departmental heads.

So under these circumstances what should I do. And what can be the legal consequences if I do not give them these documents.

Thank you for your help and guidance once again.

Kumar Doab (FIN)     16 December 2016

I have gone thru your threads and posts and that is why I reiterated that:    "Employee should always consult than acting on his/her own and avoid distractions, till employe is proeprly infortmed and can handle his/her matters on his/her own .......................upto a limit."

 

 

 

Kumar Doab (FIN)     16 December 2016

I have already explained the reply to your queris in your last post.

 

Neverthless:

The employer can/must not link issue of FnF to anything.

Since NO clause on NOC was ever communicated to you and agreed upon and signed you can decline to accept it and affirm that you have already communicated that NO assets/charge was ever with you...........................and rather employer is liable to supply the NOC/NDC..... ALSO to you.

 

And ask the emplyer to supply the FnF statement by email and also hard copy on letterhead under origtinal seal and signature of competent employee.

 

 

Kumar Doab (FIN)     16 December 2016

Have you ever been

 

and/or 

 

Are you a member of employee's/trade unions/

 

Have you consulted a very able counsel specializing in Labor/service matters?

 

 

Sandipan   16 December 2016

No Sir, I was never been a part of any unions and have never consulted an able counsel. I really didn't think earlier that it would become such an issue. I have heard and seen on my own eyes people joining and leaving an organization and that too without any hassle. But now it's becoming a stressfull issue for me. However as per your guidance when they will call to me up I'll tell them to send me the FnF statement and I won't send those documents that they have asked me to send in order to proceed with my FnF right now.

And I'll post here as in when there is something new comes up to seek help from your able guidance.

Kumar Doab (FIN)     16 December 2016

Don't transact verbally.

Make them transact in writing and you also transact in writing.

 


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