Anonymous
After completing my MBA on 12th May 2021, joined company A for WFH. Post 1st 3 months the person gets confirmed, I worked 4.5 months and then resigned on 5th October as culture was not good, training was different and actual work was different, expectations were for 13-15 hrs daily work, had to use a personal laptop. Told them to take notice of pay as mentioned in the contract but neither HR was supportive nor the manager so told them i could not continue and stopped working from 10th October. In meantime also told everything to new Company B & they were ready to onboard without relieving letter but said wait for 2 months at home from the date of resignation to avoid any legal issues, so will join Company B on 6th December.

But the old company credited 12K each in October & November even though i had stopped working but was mailing them for formal exit by taking notice pay but no reply.
On 30th November when i received 12k, i called HR to rectify and reverse it.
This time see took call and said yes will give the account number and you reverse it + she said let's do exit formalities also, will tell you an amount that i need to pay.
This i had already said at start but they wasted my 2 months just to trouble me.
So what if i don't give notice pay and just return that 12K which morally I don't want to keep as I have not worked for it.???

New company is ready to onboard without relieving letter.

So can the old company create any problem in the Date of exit or Other EPF problems in the future?

Thanks in advance for guiding me in this difficult time.

From India, Nagpur
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Drsivaglobalhr
Doctor Siva Global Hr
Shyam Desai
Associate

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drsivaglobalhr
291

Dear Colleague,

There are 2 aspects in short in your question:

1. Notice period pay out back to the company. As long as you served the notice period of 2 months ( if it is the stipulated time mentioned in your offer/ terms of appointment) then there is no question of again a fresh notice pay. In addition you had also mentioned to reverse the pay received. Hence doubly check and you should not get double payment and do not end up in loss.

2. You may try to get formal relieving from your employer normally the do exit interview etc for their understanding for which you may need to co-operate.

3. Ascertain the correct date of exit and inform the next employer the exact date for your joining so that your PF records go perfect. Normally the previous employer has to show a date of exit which is to be mentioned in the EPFO Portal. If not done you may also long in and mention the date of exit.

To quote : " Employees can now update their date of exit on the EPFO portal upon leaving a job. According to EPFO rules, if an employee is transferred from one institution to another, he is required to be enrolled as a member under the new establishment, for transferring his provident fund from his previous account" .

From India, Chennai
Shyam desai
Thank you for the advice.

So in short i dont need to pay notice pay as already 2 months have happened sitting at home itself.

But if still they ask for notice pay for giving releiving letter & marking Date of exit, then as you mentioned a good advice of self updation of Date of exit is good option instead of paying them.

From India, Nagpur
drsivaglobalhr
291

Dear Colleague,
This is a call you need to take on your own. You may meet your previous employer and try for smooth exit as far as possible. If it works well. Or if you want to ignore this short service, then call has to be taken by your own wisdom.

From India, Chennai

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