Anonymous
Greetings !!!

If an employee submit resignation properly and has also served proper notice period of 2 months under this period. But Employer refuse to relieved him/her and doing delayed.

Following Points to be Noted.

1. Employee Served notice period of 2 months instead of a month and gave full training to the newly joined staff and handed over the charges properly as per terms and condition applied on appointment letter.
2. Management seek to conduct exit interview with the candidate and they have postponed the same and rescheduling almost 10 times and yet to conduct it.
3. At last employee took a 4 days leave permission and refused to come back.
4. I think candidate has fulfill all the condition applied on appointment letter. If any legal notice will come from the employer what should the candidate do.

Pls suggest

From India, Coimbatore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Drsivaglobalhr
Doctor Siva Global Hr

It is better for the employee to send a legal notice to the employer to provide him official relieving orders, experience certificate etc., effective from the date the employee left the organization on his own after duly fulfilling the notice conditions and other things as a preemptive measure.
From India, Salem
Dear Colleague,

The employee had done his duty perfectly, as he fulfilled the notice period clause and served the notice period. The employer is not relieving him yet. In this case, the employee may document that he had no company property in his custody and served the notice period/ trained the employee took charge in his place also. However, it is painful to inform that the relieving order and F&F is not done by the Organization etc and send official letter by Registered post and keep copy. You may also insist in the letter requesting the employer to send Relieving order, Experience certificate and F&F. Send one or 2 reminders and also send e-mails too to record. If no response then send legal notice too.

It is not fair when the employee done his best for exit, then it has to be respected. Unfortunately on such matters, our legal system is yet to improve to provide solution. But still if no much progress in the subject and if the said employee is coming under " Workmen" under ID Act 1947, then, a dispute can be raised for F&F and other before Conciliation Officer under ID Act

From India, Chennai

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