After regisnation, can previous employee harsh you by any means

amitranjan · #1 05-11-2009, 09:51 AM

Dear Sir,

One of My friend was working with an electronic manufacturing company in noida, he worked there for three years as Asst. Manager HR, but due to some conflicts with team members & some complain of team members against him, firstly he take the leave of 15 days & then the HR head of the organization has asked him to please submit your resignation letter, as management decided, then on 15th June 2009,he send the regisnation letter by email to HR head.
Now my friend has joined new organization in October 2009,after a gap of 3 months. But his previous organization has not cleared his full & final amount till now, after several request from my friend to HR head on email.
Now I have four queries :

Previous organization of my friend can take any legal action against him or not.
How the PF amount of his previous organization can be transfered to new employer account.
How the full & final payment can be taken from the previous organization.
Can previous organization create some problem after 4-5 months in his career by any means.

Please advice, as he is very much scared.

Thanks & Regards,
Amit

nisha.jayaraman · #2 05-11-2009, 10:36 AM

Dear Amit,

The below points are possible only if the employer has accepted his resignation and your friend has mail proof for it.

1. Previous organization can not take legal action against him since they have not terminated him from the job and he was asked by the Management to resign.
2. He has to fill form 13 and send it to the previous employer who was taking care of payroll for transferring the PF to current organization.
3. How ever your friend can start sending mails to the previous organization to clear his F&F as soon as possible, and even to chair man if it is not been processed.
4. They cannot create any problems if your friend has received the revealing letter from them.

amitranjan · #3 05-11-2009, 11:09 AM

Thanks Nisha Jayaraman,
For your advice.
He has not received any releving letter from his previos employer. He has a mail proof of regination letter sent to HR Head, But he has not received any releving letter, he has also the read receipt of all mails which he had sent to HR head for Full & final payment & regisnation letter.

Regards,
Ameet

nisha.jayaraman · #4 05-11-2009, 11:16 AM

Then it wont be a problem since he has a copy of his resignation letter , if the company is going to take legal action against him he can very well argue with the fact that the HR dint even respond to his mails and queries so ask your friend not to worry on this.