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At the time of retirement I had some pending Paper Woks, Files which were handed over verbally to the person who was appointed in my place. It is to be noted that there was no service condition to hand over my charges in writing. Company also did not raise any objection before my retirement and let me retired normally. Moreover,during my entire service period I was never issued any Show Cause Letter or Charge Sheet for my performance. Now can the company take any legal action against me for pending works after retirement?
From India, Kolkata

Have you got your service certificate from your ex-employer? Have you got your Full & Final settlement dues including statutory dues ? If yes, you need not worry.

Even otherwise, no company can take legal action against any ex-employee, who are already relieved, from duty.

From India, Aizawl

Dear Madam,

What Mr. Nair has been mentioned is absolutely right if you have already received your Full and final settlement. Enjoy your retirement life peacefully.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi

There is a classical saying that 'a washerman can never go to Kashi after washing off all clothes' as he gets more clothes to wash every time the current bunch of clothes is finished washing. Similarly, one cannot retire after finishing all work, always new work will arise.
The question is whether you have handed over the charge to the new incumbent and he or she has taken charge. The continuity is maintained or not. If you have been relieved already then there is nothing to worry about.
An action can lie against an ex-employee if any of the company property is retained by the ex-employee. Even for that a notice is required to be given. I presume no such notice has been given, probably you are procrastinating too much. Is it that your terminal benefits are held up?

From India, Mumbai

Hello Shampa Ray;

We develop a habit of mixing things unrelated to each other. Your worry is can company take action for pending work after retirement. There is no question of your clean past record. The company should not have relieved you before all pendig work is through. Even then, there is such world of work that noone can list 100% work. Hence we fiind the word 'such', at the end of any definition. Employee has equal duty to hand over and complete work before retirement. Employer may have derilicted, but employee should not refuse to cooperate. The company which has accomodated you for years together, certainly deserves your cooperation even after retirement.

Furthermore, if it was embezzling funds, responsibility is life long. If it is supression of some facts, responsibility is life long. May not be for petty matters, but for an important matter company can certainly ask the incumbant at that time. New incumbant will say he is not concerned and ex employee will say I have retired. Why the employer should suffer.

Vibhakar Ramtirthkar.

From India, Pune

It is a sad commentary on the attitude and poor and bankrupt thinking of the management of the company. Now the poor management can not do anything. Bharat Gera AV Consultants 9322404765
From India, Thane
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