Umakanthan53
Labour Law & Hr Consultant
Nelsonthomas9102
Hr Executive
Rajesh Kumar Dubey
Manager - Hr

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Hello, I have resigned from my company and the notice period was to serve for 2 months but I had not served the notice period due to medical issues. So Hr said to me on mail that "we decided to relieve you from your role on immediate basis but As per the company policy, your full and final, experience certificate and relieving letter will be processed after two months." So please suggest me how can I get my Full and final and all documents from HR.
From India, Noida
Hi Richa,
Here it seems that you are not actually being relieved from the company right now. As you are not able to continue at work due to medical issues, it is just that you need not come to work till your last official working date at the end of your notice period. This also means that the relieving letter you receive at the end of the 2 month notice period should include the duration for which you have not been present at work.
In case you have submitted a medical certificate confirming that you are not medically fit to work for the notice period, then you can check with the HR representative on whether there is any expectation of a notice period recovery for the duration that cannot be served as part of the notice period.

From India, Bengaluru
Dear Richa,

Of course the opinion of our learned friend Nelson is correct in consonance with the principles of the notice clause in the contract of employment pertaining to resignation.

Let me also try to explain it - If fully served by the employee, notice period is included in the total service rendered by him/her in the organization; here the expiry of the notice period and the day of actual relief are coincidental. In case the employee is unable to serve the notice period due to whatever reason and opts for buy-out which is accepted by the employer OR the notice period is graciously waived by the employer due to reason like illness of the employee, the service of the employee in the organization comes to an end exactly on the very date of his relieving.

Therefore, first, it is not administratively necessary to issue the relieving orders after two months; second, considering the statutory time limits prescribed for the payment of employment dues on termination such as wages/salary due for the last spell of service, gratuity and the like, two months is too long a period and the full and final settlement should be completed within 30 days from the date of relieving. Better, get it confirmed whether the employer is going to waive the notice period on medical grounds or intends to recover salary for the notice period since you were relieved immediately. If their intention is to recover notice salary from you, better pay it forth with to speed up the process of F&F Settlement.

From India, Salem
Actually the problem is that they held my one month salary too for 2 months. and PF was not submitted from January to July. and they had to tell about this policy at a period joining the company but they never informed me about this before my resignation. So can I believe this policy which is not informed me at a time of joining period?
From India, Noida
I have submitted medical certificate to Hr.
From India, Noida
Dear Richa,
No employer can hold the salary if you are working,
Any policy which hold the payment of any employee ( Worked) is null if any advance or loan are not due even you are serving the Notice Period, ( This is my experience and understanding),
No Policy can be later imposed on any employee , if is not under appointment terms and condition and not mentioned in Standing Orders especially Separation Clause,
Try to connect with HR / Management and give your request in writing

From India
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