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Hiteshhhh Kkkkumar   26 March 2018

termination after releaving acceptence

team,
I have a query regarding termination after releaving acceptance. Can an employer (Bank ) can terminat his employe after serving the releaving letter and releaving acceptance.

Thanks and regards ,
Hitesh


Learning

 8 Replies

Hiteshhhh Kkkkumar   27 March 2018

please do reply

Kumar Doab (FIN)     29 March 2018

Reliving letter signifies employee has separated (e.g. by resignation) and if by resignation IT has been accepted and nothing is due towards employee. Subsequent to IT employer-employee relationship has ended.

If resignation has been accepted and after FnF/exit formalities reliving letter has been issued and supplied then on what ground employer has proceeded to issue termination of employment !

Kumar Doab (FIN)     29 March 2018

Have you discussed by showing case file with elders of your family, senor and seasoned employee/trade union leaders, a very able senior LOCAL counsel of unshakable repute and integrity specializing in service matters and having successful track record and …..worth his/her salt!

If yes what is the opinion of your counsels…!

Hiteshhhh Kkkkumar   29 March 2018

Sir/team , This is the case of Banking sector . Please assist in this can employer Deny to issue the relieving letter even after when employee has served his notice period and his resignation is already accepted .

Kumar Doab (FIN)     29 March 2018

If there is nothing due towards employee relievng letter should be issued..

Has employer been declining verbally? What is the reason?

Has employee asked verbally?

 

Kumar Doab (FIN)     29 March 2018

 

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, 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?

 

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……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Hiteshhhh Kkkkumar   29 March 2018

dear sir / team ,
the employee is From a Pvt sector bank. Employee has worked with the bank for 2 years and his track record was good . the employee put resignation and asked for the relieving after 27 days where as bank policy is about to serve 30 days of the notice period . As per the Employee request his resignation is accepted and he relieved After 27 days . He had taken resignation Acceptance from his immediate supervisor . After his relieving Employer has found an issue of Data Sharing of some official database .they found that the employee taken the bank data along with him .They called up the employee and asked about the issue . Employee said it was a mistake and he surrender all the data and wrote an apology letter to the employer . After that no issue has been raised by the employer and the employee get his full and final settlement by the next month end of his relieving month. But after three months when the employee don't get his relieving letter they He called his HR about the Relieving letter then the HR denied to issue the relieving letter. Can they can do this with the employee or not ???

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