Zonal Hr, New Delhi
Assistant Manager Hr
Warehouse Management, Stores Management,
Consultant In Legal Matters
They could mention that as per offer letter relieving date should be 19 Nov but actual relieving date was in october'13 as the employee has served just 30 days notice.
Both are wrong to some extent.Do u have your corresponding mails and communocations details.
Sit with the proofs u have and talk on reality grounds.
Let see what seniors have to say !!!
6th January 2015 From India, Mohali
6th January 2015 From India, New Delhi
i donot understand why HR is asking after 1 year.they should have asked it before joining and if you feel your performance is OK than tralk you your boss and tell him that HR is unnecessorily disturbing your peace.it is not a matter to be taken so seriously.
7th January 2015 From India, Delhi
Your previous company cant say that they cant issue the revised relieving letter. as per me your relieving letter should have real date of resignation and the LWD.
My Suggestion is meet your previous company HR directly and ask them to provide the proff(Like attendance entry, your signature at somewhere after your LWD) which they have post your LWD. And provide the proff you have that shows your LWD like your resignation acceptance mail (or) letter copy.
it may help you to get corrected releving letter.
7th January 2015 From India
7th January 2015 From India, Kolkata
The attendance records and PF withdrawal forms should have the last date of working. This date should match with the relieving letter date. Please get it corrected from the HR Department at the earliest. This is as per statutory norms.
7th January 2015 From India, Ernakulam
It is indeed a pleasure to note that members and experts that are clear are posting their valuable advice in threads at CiteHR and are making contributions.
There are many judgments by court of law........
A precisely similar query has been discussed by me at following link:
You can pick up the relevant points.
NO private policy/rule/agreement drafted/crafted by employer can supersede ,overrule, prevail upon an Act/Instrument of Law/...................
Falsification of record (that apparently is done by HR) is offence and this too is stated in Shops and Commercial Establishments Act.............................
You may not hesitate to approach an able Labor Law Consultant/Service matters lawyer if the need be.....
8th January 2015 From India, Chandigarh
8th January 2015 From India, New Delhi
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.
9th January 2015 From India,
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
12th January 2015 From India, Mumbai
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.
14th January 2015 From India, Ghaziabad
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 .
16th January 2015 From India, Indore
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.
16th January 2015 From India, Mumbai
If the notice period is two months and you have served one month, the previous employer has right to deduct the one month basic salary from full & Final settlement.
But they can not mention the reliving date beyond the Last working Day. Because you are physically unavailable in previous company.
On the other hand, after one year there is no justification to ask about the reliving letter and to disturb the employee. If once the employee permitted and joined in the organization, there is no mean to change the previous company relieving letter.
If the case is still not resolved, please go to nearest DLO or an Advocate for the same.
Dr. Santosh Acharya
16th January 2015 From India, Alappuzha
Thanks and regards
25th January 2015 From India, New Delhi