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Dinesh DivekarDear member,
You say that when you had resigned, your clearance from the former company is over and you have been paid your dues as well. Nevertheless, the issue of the relieving letter is pending.
Generally, in most of the companies, a resigning employee is asked to go to each department and obtain signature for no outstanding dues on the clearance form. Did you that? If yes then have you preserved the photocopy of the form that was duly signed by the authorised signatories from each department?
You have written that your former company has also filed a police complaint. But then before approaching the police, did your company send you a formal notice on returning the items issued to you? If such notice was issued then what reply did you give?
Even now also I recommend you write a detailed letter in sequence to the MD of the ex-company. Explain your position with evidence if any saying you are not in possession of any company property and all the items have been returned before your exit. Request him to issue the relieving letter.
If the company authorities have approached the police then their intentions are well clear. There appears to be a huge trust deficit. They must have some material evidence of you holding the company property with you. Sans the evidence, they would not have mustered courage to do that.
By the way, please confirm what was your designation and how many persons reported to you.
While writing your next post, once again outline the sequence of events in the chronological order.
From India, Bangalore
AnonymousActually they asked me to resign from the regional manager IT position and cleared from departments upfront with me but didnít follow the formalities for no dues. I reigned and have copy for that nothing else. HR manager promised to send documents and Salary next day due to taking time that day. I believed and come to home. Next day I got full and final into my account but did get the documents. I followed to them but they called me and asked the one missing assets. I told to them that I donít have any assets and handed over on same day whatever was with me. After that they called me again and asked if you will not give the missing assets they will take administrative action. And they give the application to local police and we had a meeting with police officer and I clarified the same thing I told to them I was not managing inventory directly that was one of my reportee. After reliving if something is missing, I donít have any information because that was in the absence of me. If you do that before reliving me, I could provide you the details. Three people was reporting to me from two plants. After that they again send letter to me with adding one more missing asset copy to local police. I replied by mail same thing with CC to global and local team, they again replied to ask the details for the assets. I replied with my same answers. After that awaiting their response?
From India, Rohtak
KK!HRSince your F&F settlement has been done, it is a prima facie proof that there is nothing due from you. You are accountable for only the item received by you personally and for which there exists your acknowledgement. Do they have your receipt of the missing articles? If there is no receipt you can deny the receipt thereof, before the Police too you can ask them to produce the receipt first of all. Is it that such items are entrusted to your subordinates? If so, do you have anything to prove it.
From India, Mumbai
AnonymousAcknowledged assets or received personally by me handed over on the same day. My subordinate was managing the assets for 7-8 months, he clarified also on the same day with HR. Finance clarified also on the same day. They clarified everything on the same day. I already denied in the meeting with the police & and in all the correspondence and asked the proof that I have the missing assets.
They asked me for missing different assets after 4-5 days. Even I don't have any information about the missing assets that not found in my absence.
Generally, assets were kept in departments, IT Office, or IT Asset Store. My mistake only believes in the HR Manager to get the documents the next day because of no doubt or suspect and having a good relationship.
I have relieving proof only that I have received the full and final amount in my account the next day. Police also asked them to provide any evidence but they were not able to provide so the police also didn't call me after that for any query.
Today I talked to one of the responsible HR Persons about what they want from me now because I don't have any assets.
So the question now how to get the relieving, full and final documents with the remaining variable outstanding from them? What options they have now further?
From India, Rohtak
KK!HRIt appears there is an interested attempt to deny you the documents needed. Filing a police complaint is itself a serious matter and it is likely that someone has an axe to grind and is deliberating delaying. So one approach is to take up the matter at higher levels, secondly get a legal notice issued. Lodging a criminal complaint in a Police Station without sufficient evidence amounts to false prosecution and the complainant in the police station is liable for action under Section 182 & 211 IPC and has also civil and criminal consequences for defamation.
From India, Mumbai