I served in a company as Asst Manager, finance. after completion of 3 years i tendered my resignation in view of getting an opportunity in some other organisation. I tendered my resignation to my boss who initially did not accept and try to compromise me. but i was stick on my decision, he accept the same subsequently. As per appointment order i have to serve 3 months notice period. But i requested to releave me in short notice period due to other commitments and also agreed for recovery of unserved notice period. He did not said anything. when i tender my resignation through mail, he insist me not to mark HR directly as he has to forward to HR as per practice. I accept the same. I verbally request him to releaving in 45 days. he has been act as a mute spectator. I sent several mails and had verbal discussion, he did not accept any of my request and order me to continue work till end of my notice period. Due to unavoidable circumstances, i left the organisation after completion of 62 days of notice period. Before i left, i sent a final mail to my boss that i could not able to come after so and so date then had a verbal discussion. Initially he agreed verbally to releave me and request me to come after some time to review the handing over details. I agreed. I also attend one day after the above, he did not treat me well and i came out. there after i got a letter from HR with subject of long absenteeism. I was surprised and replied immediately to that letter along with communication mail had with my boss on short notice and handing over details. I also visited to their office and met HR head to explain my issues. they request me come on week ends to clarify certain task which was handled by me. I did the same with a word and verbal consent with my new employer. after that they processed my F&F where the mentioned my date of releaving is different than the actual. when i inquired the same to HR head, he said i left company in short notice and my boss did delay on giving accept on releaving even after deduction of short notice recovery, hence they fix the date of releaving as per their date of process of F&F. Further they said that they will isssue service certificate on the same date. Is there any law says that if a person did not serve the full notice period, the employer has any legal right to issue releaving order and services ceritificate with a date as per their wish?
Please clarify
31st August 2018 From India, Chennai
There is no legal provision regarding releaving from duty but the accepted norm is the last working day. If there is a company policy in this matter, the same would apply.
1st September 2018 From India, Mumbai
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