I have given a notice period of 15 days to my company against the notice period of 1 month which actually company requires. But I gave the salary of remaning 15 days which were short of notice period. After 3 months , I requested my HR to issue me the relieving. They did so but by mistaka they put my wrong joining date in the releiving letter. So I asked them to send me the revised one for which they agreed. But now the case is, just before sending the new relieving letter, they told me that I have to pay RS 31000/- to them to get it as I have not served my full notice period. I said I gave 15 days notice period and other 15 days salary to them. So they say that your resignation wasnt accepted and you chose to leave the company and so they are not couting that 15 days notice period. First of all they didnt tell me all this before sending the previous (wrong date ) relieving letter. Now they are adamant of that. In the policy also, there is nothing mentioned about this sort of situation that if notice period is not accepted. Please guide me as to what should I do.
From India, New Delhi
From India, New Delhi
In practice one month notice means one month notice in advance. However, a company can waive 15 days after accepting 15 days salary in lieu of notice. That was what your company did in your case. The company should have releived you on such situation. It is unfortunate that even after accepting 15 days pay from an employee the company is asking for one month pay. This is very bad HR, I say. A modern HR should never do like this because this amounts to unfair labour practice. You may write a reply to the concerned stating that you had paid 15 days salary and given 15 days notice with an understanding that that would be acceptable to the company and had you been informed that the company would not accept the notice in parts (ie, 15 days in notice and 15 days in payment) you would never have paid the amount but instead would have served 30 days notice by postponing my joining the new company to that extend. You can also mention that the present company would have agreed to wait for me for 15 more days but as the old company had agreed to accept 15 days notice followed by 15 days pay you put it like that. Since you cannot move against the old company in Labour Court/ any other conciliations under the ID Act (you draw Rs 31000/ month as salary) it is better to have talk in between only. Whereas you can challenge it in courts and you can state that the company had cheated you by accepting 15 days pay and promissing to releive after 15 days. You can also state that the company had issued releiving order which means that the company had accepted the resignation. The mistake in the releiving order shall only be regarded as clerical error on the part of office assitants. I hope that a repy like above showing your innocence and blaming the HR as greedy shall make some impact. Try that. Regards, Madhu.T.K
From India, Kannur
4193From India, Kannur
You dont need to worry anything about. You have the joining date in your appointment letter.So, even if there is any wrong date in relieving letter, it doesnt matter. Moreover, in traditional industries the HR are bound to make such obstacles. Chill dude!
From United States, Bellaire
From United States, Bellaire
For counting service the date mentioned in the appointment letter will not be considered because the date in the appointment order need not be the date of joining always. The date of joining may be an earlier date or a date after that depending upon the agreement in this regard. Even by holding an appointment order one cannot say that he worked in such company and hence it cannot be taken as proof of service. Therefore, it is advisable to get service certificate or releiving order corrected. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Thanks for your valueable suggestions. Actually, When I gave the resignation they didnt accept it and I told them about my last day in the company. They didnt respond and just told that it is not accpeted. But I had to leave and I came back. Then after mailing them again they agreed to give the relieving but said that they will issue after 3 months. I got this after 3 months but with wrong date.Now they are asking for money. why didnt they ask me before giving me the wrong date one!.Moreover, Can i go to court. Is there any law for this situation. Also, they have blocked my PF amount now.I tried to talk to HR but she is very rude and makes her own rules. She seems to be very close to chairman, so she does whatever she wants to.Let me know plz.
From India, New Delhi
From India, New Delhi
Also, would like to mention that my 6 days salary was due with them, for which I wrote them that they can take that amount as my 15 days short of notice period and after that I never got that salary.Now they want to make full and final settlement. do you think they are organized? I dont think so.After issuing me relieving letter (though wrong date one), they are making full and final.
From India, New Delhi
From India, New Delhi
You may write a letter stating all these such as 16 days salary with the company and accepting the resignation earler and the relevant matters. This would help you. In fact an HR Manager should not behave like this. He/ she is suppose to be very nuetral in between the employer and employee. He/ she has to look after the welfare of employees and at the same time to ensure that the employer is also happy with every decision he takes. Regarding EPF, the employer is not going to lose any thing, because, the amount is paid by the EPF Organisation and not the employer. Right there is a provision in forms 10C/10D or 19 wherein the signature of employee has to be countersigned by the employer. but it doesnot mean that the signature of employer is mandatory and final. The amount can be withdrawn by attesting the forms by a Bank Manager/ Gazetted Officer/ a member of Board of Trustees/ MLA or others mentioned in the Act. You can raise this matter before the Employees Provident Fund Organisation also; they will take care of it. Therefore, write a pleasant letter requesting the employer to correct the date of joining and withdraw the claim of notice pay. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Thanks Madhu. Want to mention that I have already done whatever you said to write but to no avail. Now they are stretching it too long. I asked them to atleast send me the full and final settelment so that i can see the details that how you made that amount. they are just saying that they will send on some specific date but on that date they never turn up. It's over a month now that I am continously sending them mails and they just say that dont mail and whenever it will be ready we will send you. Moreover, about PF, i had filled the form 10(i am not sure about the form no) but they sent me the PF forms(on my request) to fill it up and send back to them. I did. Now when i ask them did you submit to PF department , they say it will only be send after the relieving is issued. I am in mess and my career seems to be in mess too. In future I will be needing that. Please help me thanks in advance
From India, New Delhi
From India, New Delhi
In such situations, I prefer to have a personal talk rather than doing it by sending emails or by chating. Make it convenient to fix a hearing with the Chief/ Head of the institution and bring it to his notice. I have seen in one case, where the employer was not knowing all the stupidity done by the HR Manager who tried to find some fault with the resigned employee sothat he could be congratulated for his best effort! Therefore, fix a day for hearing and clarify the matters and if they are so adamant, then harden your words saying that you have proof and you would sue the employer. He will come to your side. Simultaneously put the matter of EPF. The matter of EPF can be solved easily by writing to the Asst Commissioner of Employee Provident Fund Organisation also. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Notice period.jpg
Notice Period Extension Letter Format.doc