Dear All,

my husband was working with Mercedez Benz Autohangar section for about 2 years. He has been the best performer there in the Sales and had been independently handling the Preowned car section. he then got a better offer as the salary increment was not as per his expectations. he informed his immediate supervisor about the good opportunity and asked if 15 days notice period would be enough if he needs to leave the company on good terms. the supervisor agreed. he made a smooth handover of duties till the last date of the notice period and also kept sending mail reminders to supervisor asking for any issue which required his attention before he leaves. he got no replies to the same. after he left and joined another company, his supervisor at Mercedez Benz Autohangar section started coming up with all different issues which were held back due to delay from workshop or customer dissatisfaction due to the same wherein he has already contacted the customer and he doesnt wish to cooperate with the organisation due to delay caused.

According to me, the management should understand that we have no control on the customer satisfaction index and no one can be punished for the same.

The Mercedez Benz Autohangar section has held back his salary for the month of August 2011, and his incentives for June, July, August which round up to about 1 lac rupees. and i am getting the impression that the organisation is trying to give him reasons just to avoid paying him.

Need your valuable advise as my husband is going through a horrible emotional and mental turmoil due to the financial problems caused as he hasnt yet received the salary from the current company too.

Please advise ...................... :(

Rebecca Tanna

From India, Mumbai
Dear Rebecca,
The following information is required:
1. Was the resignation communicated to the HR in the appropriate manner?
2. Whether the notice period was served as per the terms of the letter of appointment?
3. Whether the handover process had been completed as per the guidelines laid down for the same?
4. It appears that there was an informal communication of resignation to the supervisor only?
5. Whether at the time of leaving; no dues and other clearances had been taken?
6. Whether Full and Final Settlement was carried out and relieving letter had been issued ?

From India, Jaipur
Dear Anuragji,

Thank you for your reply.

My answers to your queries are as follows:

1. Was the resignation communicated to the HR in the appropriate manner?

* Yes it was conveyed to HR and the Manager. And we have mail followup regarding any pending handover where neither HR nor the Manager responded.

2. Whether the notice period was served as per the terms of the letter of appointment?

* The required notice period was 1 month but the notice period survived was 15 days with confirmation of the Manager who then gave a verbal acknowledgement and told that he would readily release the salary in short while.

3. Whether the handover process had been completed as per the guidelines laid down for the same?

* the manager does not approve of signing the re-leaving letter as he is giving reasons for doing the same and new issues everytime contacted.

4. It appears that there was an informal communication of resignation to the supervisor only?

* The supervisor was kept in the loop and Mr. Alok did all necessary followup to complete the handover.

5. Whether at the time of leaving; no dues and other clearances had been taken?

* No payments or dues were cleared at the time of leaving.

6. Whether Full and Final Settlement was carried out and relieving letter had been issued ?

* Full and Final Settlement and relieving letter were not issued.

In view of the above, i would request you to advise us to get this matter resolved. Also would appreciate if you could share your contact number with us for communication on the same and i assure you maintaining absolute professionalism of not misusing your personal info. You may get in touch with Mr. Alok on 9892817817 or me on 9920755881

Hope to hear from you and appreciate your time involved in writing to us.

Regards,

Rebecca.

From India, Mumbai
Hi Rebecca,

Here are few points of discussions:

1. The manager did not approve of signing the re-leaving letter and raised new issues every time. Subsequently

2. You were left the company in informal way.

The above two points are going against you for the following reasons:

A. The superior was of the opinion that there were some issues exist for the reason the re-leaving cannot be granted.

B. Your informal leaving without of full and final settlement again against you. It reflects that you were absent without the completion of notice period as prescribed under the letter of appointment.

At the moment you are seeking for the below remedy:

i. Incentive for three months June, July, August for Rs 100000.00

ii. Salary for the month of August 11.

iii. A relieving and Experience letter from the Mercedes Benz.

Since you have left the company without of full and final settlement and proper relieving documents; in my opinion your previous employer having strong credential at the moment.

There are two ways to resolve this issue:

1. File a request to the Labour Commissioner of the concerned area in which the establishment is situated, for the recovery of wages and incentives from the employer. OR

2. Discuss the issue personally with the HR Team of the previous employer and resolve the issue amicably and by ways of keeping in confidence of the core HR Team. I think this is the best way to proceed with. Insist them to carry out the Full and Final Settlement. Remember that instead of going for the litigation, always better to resolve the issue by maintaining the good relations.

3. Let see any other suggestions from the Cite HR Members

From India, Jaipur
Hi Anurag,
Thank you for your advise.
We will try out your suggestion and let you know the outcome.
Moreover, would still hope if any other CiteHR Members have any other suggestions to the same.
Warm Regards,
Rebecca :)

From India, Mumbai
Dear Rebecca,
Your husband had given notice of resignation of 15 days and thru emails reminders, former employer agreed to it. He did not counter that notice period is required tobe excessive. He allowed you to leave the company. Thereafter he has no right to question your husband's competence. If he withholds the dues payable then make a complaint to the inspector under the Sales Promotion Employees Act, 1976 and the authorities under the ID Act since he should be deemed to be a workman. The employer cannot withhold relieving if the notice period has expired and the employer has not taken any disciplinary action prior to deemed relieving.

From India, New Delhi

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