Hi,
I recently completed my services with a software consultancy. It is a start up company under a control of single Director.
I have served legally my notice period and relieved on the date agreed between the employer[consultancy] and me. Even last day formalities like clearance form client provided to the employer as instruction.
And in my last date I was assured that they wil post me service letter and credit final settlement.
I am following up for past 10 days with 10+ mails without any replies., today morning I got the respond saying they are not able to close my relieving as my signed appoinment letter was found. They insist me to sign the fresh appoinment letter dated 19th July 2012 with fresh set of policies to get my f&f/relieving letter. Per the new appointment letter I doubt my F&F will be nullified :-D it would be around 1.5 lakhs :-(
I refused to sign the new appointment letter as that would not be legally correct as I already completed my service there . I have some evidence like the employer agreement about my last date, client clearance form.
How I should proceed forward get my relieving letter and f&F. I was advised by my friend to approach labour welfare officer. Please advice
-Vignesh
From India, Hyderabad
I recently completed my services with a software consultancy. It is a start up company under a control of single Director.
I have served legally my notice period and relieved on the date agreed between the employer[consultancy] and me. Even last day formalities like clearance form client provided to the employer as instruction.
And in my last date I was assured that they wil post me service letter and credit final settlement.
I am following up for past 10 days with 10+ mails without any replies., today morning I got the respond saying they are not able to close my relieving as my signed appoinment letter was found. They insist me to sign the fresh appoinment letter dated 19th July 2012 with fresh set of policies to get my f&f/relieving letter. Per the new appointment letter I doubt my F&F will be nullified :-D it would be around 1.5 lakhs :-(
I refused to sign the new appointment letter as that would not be legally correct as I already completed my service there . I have some evidence like the employer agreement about my last date, client clearance form.
How I should proceed forward get my relieving letter and f&F. I was advised by my friend to approach labour welfare officer. Please advice
-Vignesh
From India, Hyderabad
I would like to interpret the whole story like this. You have completed your relieving formalities but at the time of preparing your F&F the Hr found that you have not signed the appointment letter at the time you joined, perhaps due to oversight. Now in order to make the file complete your signature on your original appointment order as acceptance of the terms and conditions of service is required. The Company Hr has asked you to sign one back dated.
If the above is the scenario then it may be taken as a very genuine request from the HR who had failed to collect your signature on the appointment order when you joined the company. You can now do that and help the HR and take the F&F.
On the other hand, if the HR or the company is making a fresh appointment order with new service conditions attached, then it should not be allowed. You can approach the Labour Department treating this as an industrial dispute and can claim the settlement under relevant provisions of Industrial Disputes Act. But before that please talk to the concerned person at the company and get a clear picture.
Regards,
Madhu.T.K
From India, Kannur
4193If the above is the scenario then it may be taken as a very genuine request from the HR who had failed to collect your signature on the appointment order when you joined the company. You can now do that and help the HR and take the F&F.
On the other hand, if the HR or the company is making a fresh appointment order with new service conditions attached, then it should not be allowed. You can approach the Labour Department treating this as an industrial dispute and can claim the settlement under relevant provisions of Industrial Disputes Act. But before that please talk to the concerned person at the company and get a clear picture.
Regards,
Madhu.T.K
From India, Kannur
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Resignation cum relieving letter.doc