Dear HR Team
I have worked in a middle level company for one yr and six month but due to some personal issue I have resigned my job officially but couldn't able to serve notice period for 30 days. Even i was ready for notice period buy out but they refused.
I just served notice period for 20 days and 10 days remained shortfall. When I contact the HR team they said that they cant issue relieving and exp certificate as per company standards and norms because of I haven't serve 10 days of notice period.
But as I resigned the job officially they settled the final settlement amount to my bank account.
Now my doubt is if I got job on another company and when they do their routine BGV I cant submit my relieving papers but I've resigned my job officially.
Will new employer accept that? How can I get my PF money?
What am I suppose to do now. Pl guide me.
22nd May 2014 From India, Chennai
Hello friend,
It happens in mid size companies. not a big issue. I hope you have a copy of approved resignation. It'll be a proof that you offcially resigned and they approved it. also you have offer letter copy so they can count your experience acc. to that. But Hr can not deny the releiving letter when you officially resigned. He can't stop your relieving letter. just go through the norms and conditions of your offer letter. and revert them according to that. if HR don't give revert then contact to upper management.
Lets see what others will advise you.
23rd May 2014 From India, Gurgaon
Dear Atul,
They doesnt provide the relieving and doesnt accept me to buy out notice period.
Buying notice period or serving notice period depends on employee side or employer side????
Even they have said that I cannot get my PF amount as they will hold the account. is there any way to get my pf amount??
23rd May 2014 From India, Chennai

To issue your relieving letter or not is depend on the clauses mention in your offer letter. Please check it closely that on what conditions your resignations will be accepted and notice period is mandatory to get approval of your resignation. If not then what will be the penalty if one is not able to serve the complete notice period. To buy the notice period is I guess depends on the clauses of your offer letter and company policy. I am not much aware about this point. But it's all depend on the mutual understanding and your relations with HR person and reporting manager. Rest Sr. people will guide on this.

(Copied from citeHR forum) You can also check out your query in ask Bar center top of citeHR page.

The employer doesnot have right to withhold any statutory benefit like PF, gratuity, bonus etc.

In your case, I hope, there will no clause mentioned in Bond about holding PF dues.

You simply write the letter to your employer for not settling PF dues and c.c. to PF Commissioner , Calcutta. Submitted the copy to PF office and get an acknowledgement.

give one ore more reminder with cc to PF commissioner. I feel, it will build pressure in employer and they can clear your PF dues.

If nothing is happened, transfer your PF by filling form 13 through your new employer. They will submit to PF office.

attribution https://www.citehr.com/35687-employe...#ixzz32VXCi0MU
23rd May 2014 From India, Gurgaon
Dear Atul Thanh you for your valuable suggestion and quick response Vengat
23rd May 2014 From India, Chennai
I am really amused and amazed as to how companies refuse to issue a relieving order. In case a relieving letter is not issued, the person continues and remains to be an employee and is entitled to all the authority, benefits and responsibilities vested in him while he was an employee. The HR person must put it across to the management that it's in the interest of the employer that the relieving order is issued. And if HR person is towing the line of the management, then there is something inherently wrong with the ethics of the HR person or he is not fit to be a HR person, since he does not know that unless explicit relieving order s issued, the employee remains an employee.

I find quite a few quacks functioning as HR persons, since they just shoot of the mouth that it's the company policy not to issue the letter, not realizing that a company cannot have an illegal policy. Issuing of relieving order cannot be governed by company policy, but by the spirit of the law. All good organisations issue the acceptance of resignation letter with a tentative relieving date mentioned as per the notice period, subject to proper hand over. Upon handing over, they then issue a final relieving order with exact date of relieving, which is either in line with the acceptance letter, or a mutually agreed date. This is normally issued after the NOC is signed by all relevant departments.

I have been part of atleast three large start ups, including 1 Tata group and two large Multinational companies. In all the three companies, I was among the first 10 employees to be on board. The first thing I recall we did in all the three companies was making a presentation on the clauses of the appointment order to the top management. Each clause was discussed. When it came to notice period, the question asked was how many days would HR require to find a replacement and how many days can the company manage without an employee. And finally the notice period was derived, whether it's 1 month or two or three.

After that no interference from line managers on relieving issues was tolerated by HR. Everything went by the book. Any interference attracted the application of ethics policy violation clauses.

I find relieving letter issues mostly cropping up in IT companies. Not much in manufacturing companies. IT companies are supposed to be people driven.

Harassing an employee results in getting bad name for the company and this message could spread, harming possibility of attracting good talent. Hope companies and HR professionals realize this. Something to introspect I guess.
25th May 2014 From Indonesia, Jakarta
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