Resignation Problem - CiteHR
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Hi.. My husband resigned from his company on 31st dec 2014 after completing 2 months of notice period. He has taken every steps to handover and categorise his pending work, so that it can be followed up after he leaves the organisation. Even then, the organisation is giving him troubles.
1. His 3 months salary was put on hold, even thought the notice period is 2 months.
2. Told that the settlement amount (3 months salary) and relieving letter will be released on Jan 10th.
3. Today his manager is calling him and asking him to update some register. This register is just a hand written copy of the details of an excel sheet. My husband has updated it till November, and handed over it to his colleague since Nov 6th, who failed to maintain the register.
The problem is, my hubby has already joined a new office today. His old manager is saying that only he should complete the register, not his colleague. Only then it seems they will release the settlement amount and the relieving letter.

What can he do to manage this situation? Asking permission to leave early from his new office on the first day itself will not be a good sign.
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I feel legal recourse be taken if the employer is bent upon not to relieve your husband. Now since only tail is left, endure it by giving some hard reason to new employer.
As mentioned by others your previous employer should be issuing you a revised letter. It is as simple as that because no matter what was the notice period duration relieving letter should have the last working day as the date of relieving. I am surprised at this thing that both HR's are not extending a helping hand. Or may be you did not try approaching them. Either visit your previous HR or explain this case to new HR and ask him/her to help you out. Also once the matter is resolved ensure that all your documents are corrected in current employers records
Dear Yadu,

First of all, there is a provision of notice period not less than 30 days but flexible as per mutual interest of employee & employer.

I am sorry to say but you have created this mess by your own as you took the relieving docs for granted for last one year & never bothered to get it corrected with your previous employer just-in-time. There may be a good relationship with your current organization's HR but policies are not meant to be a subject of mockery on the ground of your relationship only.

Anyways, again apology for my harsh words, Let me suggest you some solutions now :

If the contract of your previous employment (Appointment letter) clearly indicates that there is a notice period of 60 days, have you received the F&F amount after adjustment against not serving your balanced notice period??

If yes then you have full rights to ask them for correction in RL.

If not, ask them if you are ready to deposit the amount in lieu of penalty imposed for not serving the extra 30 days notice period & correct your RL.

If both din't work you are free to go for legal consultation.

But I suggest, best way is to deal on a soft ground & ask for a mid-way solution from your previous employer itself. ( I hope you still have a cordial relation with them)

Plz find the provision for detachment from employment under Shop & Establishment Act :

19. Discharge of employee by his employer.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that—

(a) the post held by him has been retrenched; or

(b) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health, and he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment:

Provided that the notice of discharge may be of a shorter period if the same is accompanied with payment of wages to the employee for the number of days the notice is short of the required period.


Manish Gupta

your joining is can be relived on or before notice period.moreover when your pre.employer relived you.than no question arise.
Provision of section 19 of discharge of employee by his employer is not applicable here because in the present case employee is seeking discharge.
Dear Sir,
we are facing problem since last few month we have bio matric system for attendance ,kindly suggest that still we need to maintain attendace register manually .
employees are avoiding signing on attendance register manually is it any other procedure for avoid manually attendance also we have to maintain leave record manually & in biomatric also.
can we maintain leave record & attendance in only in biomatric register only .
Dear Friend,
Here few information are seeing hidden in your mail/post:
a. Date of Relieving you had asked in your resignation letter.
b. Date of tentative relieving of yours mentioned over the acceptance of your resignation letter.
c. Detail of Any contact you have made with your previous co, after joining of current one.
d. Notice period wordings mentioned in your appointment letter of previous co.
Kindly let me know answer of these queries, then only I can tell you the solution.

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