manohar-g1
Dear Sir/Madam,

I will be very grateful to you if you could advise on my below issue!

Following are the termination clauses mentioned in my appointment letter.

I. If you desire to resign from service after confirmation, you will be required to serve notice period of One(1) month or one month basic pay in lieu thereof. However the company reserves the right to insist on you to serve the notice period either fully or partially.
ii. You are not eligible to avail any leave during notice period after submitting resignation. Any type of absence will be treated as Loss of pay.
III. After confirmation of your employment could be terminated by assigning a notice of one month from either side or one month basic pay in lieu thereof.

I completed 11 months tenure a private company and I was confirmed as permanent employee after six months tenure. I resigned on 16th Feb 2022 as i got a better opportunity. In the resignation letter, i mentioned that i will complete full notice period (One month) and handover job responsibilities and leave. But my boss asked me to work till 19th Feb 2022 (i.e. for 3 days) and leave though i said i work for full notice period. He signed on my resignation letter and mentioned that I have to be relieved by 19.02.2022. Since he accepted my resignation and wrote that comment, i also accepted and submitted the letter to HR, completed hand over process and taken no due certificate. I had taken copies of the same as a proof.

On 28th Feb 2022, HR sent a mail saying my resignation is accepted and my last working day is 19.02.2022. However they mentioned in the letter that there is a shortfall of 24 days notice period and hence i have to pay that amount. I replied them saying, when i completed formalities, no one communicated me such things and based on the approval of boss only i worked for 3 days and left completing due formalities. But HR didn't accept and they kept on repeating to pay shortfall notice period amount.

I could see that they are purposefully doing this because they don't want to lose me and i didn't stay back with them though they requested and insisted on me. But, Of course, it's an employee choice to stay with a particular company or not.

So they didn't intimate me about shortfall notice period neither when i completed formalities not immediately after i left. It is only after 10 days they wrote a letter, that too without any prior intimation or consent of mine.

Now they are not issuing my experience letter and settling F&F. I have requested many times mentioning the facts in mail. Could anyone please guide how to proceed on this matter?

Thank you.

From India, Hyderabad
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Saswatabanerjee
Partner - Risk Management

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saswatabanerjee
2289

The action by the company (if you are giving us the full picture and all circumstances), is wrong and illegal.
However, unless you are covered under the definition of 'workman' under Industrial Dispute Act, you have very little direct mechanism for resolution. If you are a workman, you can approach the labour commissioner of the area for assistance.

The other way is to go the legal route. You can send a legal notice through a lawyer. Many times that is enough for the company to do the right things (I hope you have kept evidence that you had offered to serve full notice period). If not, the only way out is a civil suit, which is a very expensive affaire.

You need to bring the situation to the attention of your new employer and if he accepts you without a relieving letter or experience letter, then just proceed and keep all evidence for future employers to show that you fulfilled your obligations.

From India, Mumbai
manohar-g1
I worked as a Senior Executive in the company i left. Can i drop a complaint with Labor commissioner on this? I have already joined another company showing my resignation acceptance. But i want to have the experience letter and get my F&F amount from previous company. In that context, i am looking for right solution and guidance.

Kindly help.

From India, Hyderabad
saswatabanerjee
2289

You can drop a complaint, but you are unlikely to get a resolution as you are most probably not a worker. The solution is to file a civil case but as I said, it will be expensive.
From India, Mumbai

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