nish.kari82 Started The Discussion:
I worked for an organization for a period of 2 years and had resigned from the same on the pretext of my decision to pursue higher education outside India. While I was serving my notice period the HR manager made a few false accusations and kept on harrassing me continuously because of which I had to leave the company without serving the complete notice period.
That was on 30 Jan 2012 when I left the organization. Since then I have tried talking to the higher management written them several emails but to no avail. They are not ready to do my full and final settlement and also are not issuing my experience letter and relieving letter.
I would like to ask for suggestions on what can be done so that I can get my rights from the company after i worked hard in the same for 2 years. Ironically I was quoted as one of the highest performers during my tenure which completely changed during the notice period.
Also, I would like to know if there are some legal terms which enforce the organization to complete the formalities and help me in getting my rights.
Many Thanks in Advance
As per your thread post, I have a couple of questions here -
- Have you resigned before leaving?
- Any proof of such email sent by you to the employer?
- How many times have you approached the management?
You have not served your notice period stipulated by the organization, so in that point of view they might be some discrepencies for you to get the F&F done.
For more detailed suggestions by our seniors, please let us know of the above.
Thanks for the response. Yes I do have the copy of the resignation letter. And I approached the management more than three times through email and called them too several times.
As I had not served my notice period completely they decided to deduct the salary accordingly and I totally understand that but nothing has been released from their end yet.
I am fine if I dont get the money but not getting the letters is something very silly and stupid considering it was a very fruitful relationship. I helped them in straightening up several processes. And was considered to be an asset. Last one month of notice and things changed.
Dear Ms. Nisha,
If you have corresponding letters sent to your employer, then send them another final requesting letter and this time to evade this situation send through register post with acknowledgement.
Basically, if you have the appointment letter and the resignation letter accepted by the employer that will serve as documentary evidence for your tenure. You may not need to provide the experience letter.
Finally, your query on legal proceeding is also apt, according to the Industrial Dispute Act 1947, which covers the industrial employment (standing orders) 1946, company beyond 100 employees has to get certification to define the conditions of employment underthem. As per this express or implied should be redued in writing till the resignation or termination for issuing the certificate. This certificate is called Service certificate or Experience Certificate. It is the well being of the employer to provide such certificate. Refusal or denial of which can be agitated and through automatic route it could go for court interpretation.
P.S: If you have the resignation acceptrance letter, you do not need to fret for experience letter.
Thanks again for the detailed response.
I do have the resignation acceptance letter but my HR manager had added another clause to it which said i will have to provide with my replacement before I leave for which the suitable candidate could not be found till the time i left. Will that be a problem?
Also, I am already working as a research assistant with the university I am studying in which is outside India and wont be looking for a job back home at least for 2 years from now. Will these documents from my previous organization in India still be required? Or is it just the letters from the last organization that I have worked with that are of importance?
Once again, any document that you possess will be important now or at any stage in your life. If you safe them you can provide it to the concerned at any point of time.
Your resignation acceptance refers that they accept you to be relieved from the duties. It is not up to your hand if you couldn't find a right candidate replacing you. It seems no issue to me. You can very well go ahead and do your studies.
Keep your documents saved. Even if you return back home, you may need them sometime.
You will get the benefit of Standing OrdersAct only if your establishment has a certified standing order.If not you can get service certificate under model standing orders applicable in the state,provided SO Act is applicable to your establishment and you are workmen. Otherwise the issue will depend on terms of appointment and company policy.
Varghese Mathew BIL,PGDPM,
Labour Law /HR Advisor
I am not very sure that the organization was covered under standing order act. Also, if I have to make a guess it was for sure not covered under this. So it appears this act wont be helping me much.
But according to company terms I had to serve 45 days notice period of which I could complete 20 and I had a few leaves(14) to be adjusted against the same. And the organization deducted the money for the rest of the period against my salary.
I even got the calculation of the full and final amount from the finance department. But after that there was no action taken and its been over 7 months.
The average period for full and final in that company was 45 days.
Everything has been left to the discretion of the HR manager who happened to be my boss and was the reason why I left the work between the notice period itself. Even writing to the top management was of no help.
If an employee has served the notice period and the rest of the days the salary has been adjusted along is fine. According to the ID Act, it says that an employee awaiting for certificate for more than 45 days crossed will be liable to file a petition. Before that, correspondance should be made clear to the employer that your letter would be a final confrontation to make them understand that this would be taken further for appeal.
You can file a complaint to the concerned labour office against your company to get your f & f. Once you filed a complaint with labour office, they will issue a letter to your company and your f & f will settle in front of labour inspector.
Within one month of the complaint, your settlement will be done
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