Wrongfully Forced to Resign: How Can I Get My Dues and Relieving Letter?

I was serving with a Hyderabad-based public limited company as General Manager (B.D.), and my duties were to do business development, find joint venture partners, and secure contracts. They compelled me to resign on the grounds that they had lost confidence in me due to providing tender information to another party. However, I had shared this information to form a joint venture with them. This entire scenario was a fabricated story. They informed me that if I did not resign, they would terminate me. Consequently, I submitted my resignation and handed over all company documents and property. Despite this, they have not released me, settled my accounts, provided my dues, Form 16A for TDS deducted, or returned my personal documents that were in the company premises. I have sent at least three emails and one letter to the HR department, but I have not received any response. Currently, I am unable to obtain a relieving letter or access the office. I fear they may interfere with my new job. Please advise on the appropriate course of action.

Hi, my name is Ketan Gadani. I am a new user on this site. I work in a private company as an HR assistant. I need a format for full and final settlement and information on the time limit to pay any particular person. This is very important for me. Can anybody help me with this matter? Thank you.

Ketan Gadani

Having resigned from the post of General Manager, you cannot find any scope in the Industrial Disputes Act. However, the company should have relieved you on the basis of your resignation. If the company is not issuing you the relieving letter even after repeated requests, you can also move legally. But before that, make sure that the grounds are in your favor and the company does not have any proof to suggest that you had been unfaithful. In such a situation, the company can withhold the relieving order. However, in no case can the company hold 16A. If possible, write a letter to the company requesting the release of the documents with strong wording, indicating that you will be constrained to involve appropriate authorities if the papers are not provided. It is important to mention specifically about the TDS certificate, the lack of which will have repercussions on the employer.

Regards, Madhu.T.K

They called me to come to the office and explain certain business developments that occurred after I left the company. However, they did not hand over my personal documents. They are now bringing up subjects that are not related to my work in order to demand an explanation. Their intention does not seem to be to complete my full and final settlement. I received a letter from them stating that they are withholding my documents on the grounds that I need to provide justification for certain issues, such as their disqualification in a tender due to the submission of in-house fabricated and fake documents, which were not under my control and were done by the company's director and other individuals. They are raising irrelevant issues. I am planning to take legal action for all of this. Please advise me on a good lawyer to contact initially for sending a notice and for further action.

If the company is not providing Full and Final Settlement (F&FS) or a relieving letter, it does not matter. You must have your last salary slip, and that's all you need to have.

Thanks for your kind reply. But my problem is that I have to prepare full and final settlements for past employees, but I don't have any experience in preparing it properly. I would like suggestions on how to prepare it in an official manner. I am looking for a format and the criteria for areas where payment should be made. (How many days can we take to pay it?)

Please advise me on this.

Thanks & Regards,
Ketan Gadani

Thanks for your kind reply. But I have to prepare the full and final settlement of our past employees, so I want a format to prepare it in the right manner. Please give me proper suggestions for that.

Hi Madhu,

I joined an organization and left it in 27 days. I was a rehire in that organization, but due to personal reasons, I had to move to another firm. I resigned without serving the notice period. As I was in training, I was not aware of who my manager was. I sought the trainer's help and contacted a Project Manager who was supposed to be my manager if I had stayed in the company. After discussing everything with him, I resigned. I provided my contact details in the resignation email for further communication and forwarded the same email to the HR mailbox.

It has been a month now, and I have been going in circles trying to obtain my relieving letter and Full and Final (F&F) statements. Nobody responds appropriately, and they claim it as a case of absconding or involuntary exit. I reached out to the manager with whom I discussed my resignation, and he now says he is not the person to talk to. He advised me to contact HR and the resource manager (as I was in training).

In this situation, where I have missed my joining date by a month and have kept the offer on hold, what can I do? Furthermore, if that person was not the relevant manager, why did he conduct the initial interview regarding my resignation? He never informed me, nor did HR, that he was not my manager, and the actual manager, who is responsible for initiating the termination process, is unaware of the details of my resignation. The continuous follow-ups for my relieving letter and other documents have left me mentally and physically exhausted, with no positive responses in sight.

Also, could you please explain the differences between absconding and involuntary exit processes, specifically how the company treats employees in such cases?

I am in urgent need, and I would appreciate it if you could respond as soon as possible.

Kind regards,
Deepu

Dear Ketan,

There is no prescribed format for full and final settlement. The time limit is a maximum of 48 hours after leaving.

Dear Deepu,

Your case is all about leaving after 27 days of training. When you join an organization, whether as an employee or trainee, you are supposed to know who your reporting officer and departmental head are. Therefore, when you leave, you are expected to give written communication to the departmental head through your immediate officer/superior. The person who issued the appointment letter/training offer is the person to whom such a letter should be addressed. An email communication will not suffice. If the company has interpreted your leaving as absconding, there is nothing to defend. If you genuinely need a relieving letter from the company, have a personal talk in this regard and obtain it.

Regards,
Madhu.T.K

Hi Madhu,

Thanks for replying. The thing is, my reporting manager assigned me to a project manager one day ago and confirmed the same via email communication with me, the new manager, and various associates in the company. However, the changes were not made in PeopleSoft by that time, and I gave my resignation. In confusion, I wrote my resignation email to both managers as soon as the office started.

I spoke to the trainer and also an HR person because I did not receive any response on my resignation until the afternoon. The trainer spoke with one of the concerned associates and directed me to the new manager (to whom I was assigned). I scheduled a meeting with his consent, and he spoke to me at the end of the day regarding why I am resigning. He was convinced and asked me to write him a resignation email, which I did.

A week ago, when I called him regarding the resignation acceptance, he informed me that he is not my manager. I was shocked and surprised as to why he did not tell me at that point in time.

I couldn't do written communication as they are in a different state; therefore, email communication and phone were the only ways to do so.

I explained all of these things to HR, and they have now decided it as an involuntary exit.

I don't know what kind of letters will be issued in this case. How much time will be taken in all this process as it has already been a month since I resigned? Is there any time limit?

Please help...

Dear Deepu,

It is highly unfortunate that each manager acts according to the situation. That is really a bad practice. Anyway, when the HR manager says that he has not received your resignation (which should be a hard copy with a signature on it; otherwise, it cannot be accepted, and nobody can send it for you), you have no other choice.

Now, you can narrate the entire story to the Managing Director/Chief Executive of the company, requesting the release of your relieving order and asking for a personal hearing in this regard.

Regarding the relieving order, it is up to the new company's policy whether the relieving order will be relevant. There are companies that look for quality manpower and not just procedures. Certainly, some HR personnel create a lot of disturbances, giving the impression that they can hold onto anybody. However, when the top manager intervenes, they will not have any grounds to refuse. Therefore, even if the matter remains unresolved after meeting with the MD, forget about the 27 days of service.

Regards,

Madhu.T.K

Hi Deepu,

I suggest you don't include this experience in your CV. Submit your last company's relieving letter. Forget these 27 days of work. Communicate to the new company that you were on leave due to some personal reasons. You will lose your 27 days' salary, but at least you'll earn a job.

Warm Regards,
Sakshi Gupta

Hi Madhu,

Thank you for replying. When I resigned last time in the same organization, I never gave a hard copy of my resignation to HR, and the manager initiated it on his own. This is why I trusted email communication this time as well. However, I will take your advice and follow this in the future. It is important to ensure that things are done correctly. I will try to convince my new employer on this matter.

Hi Sakshi,

Thank you for your reply. Maybe I can do this while searching for a new job. However, for now, since my current employer knows it is important for me to obtain my letters from the previous employer in order to continue my joining.

Thanks and Regards,
Deepak

Hi,

I want help from all of you on how to write the relieving letter stating that due to a medical problem, my father was unfit for his Railway job. After a long period, I have now received another job opportunity and I am expected to start within the next two months. Please suggest to me how to write the letter.

Please forward the information to my email address: vijayb9@gmail.com.

Thank you.

Hi everybody,

I am physically handicapped and use an artificial limb for mobility. I was working as a Branch Manager in a Stock Broking company. In July 08, I was promoted to Territory Manager, but in the relieving letter, they have mentioned me as a Branch Manager. I was forced to resign by my immediate superior.

I have not been given the salary for Feb 09 (my last month of service). Also, I have not received the incentives for the last 2 years (as per the offer letter, it's 5% of the profit of the branch). Even to issue the relieving letter, my immediate authority caused a lot of trouble and it took 3 months. Furthermore, my PF withdrawal form has been kept on hold for 3 months by the company.

The job is my only source of income for my livelihood and medical expenses. Please suggest how I can claim for it.

Regards,
Rasheed

Dear Rasheed,

I am writing to the company's HR Manager with a copy to Top Management, requesting the immediate settlement of dues and warning that legal steps will be taken if the settlement does not occur within two weeks. Additionally, I would like to address the management's attitude towards holding the PF withdrawal forms. A copy of this letter will also be sent to the Asst. Provident Fund Commissioner for information. By highlighting the consequences of harassing a handicapped person, I believe a settlement will be reached.

Regards,
Madhu.T.K

Dear Madhu Sir,

Thank you very much for your kind response. I had emailed our regional HR manager and Regional Head, also copying the Payroll department at HO. Unfortunately, nobody has responded.

I kindly request your guidance on where to address the issue for resolution. Could you please provide your contact number? I would like to reach out to you for further clarification.

Thanks and regards,
Rasheed

Dear Rasheed,

It is not necessary that the response should be immediate. You have to explore all possible ways to get your settlement done. Therefore, continue writing and meeting the concerned people. Every time you make a representation, attach a copy of the previous letters. Since your PF is also involved, if you intervene with the EPFO in your case, the settlement will be easier.

You may contact me via telephone, and my number is 09847583239.

Regards,
Madhu T.K.

Hi, I am Swaraj, a new user for this site. I am currently working in a private company and now I am about to be relieved from that company. I need to have a nice relieving format, so kindly please help me out.

Dear Madhu Sir,

Thank you very much for your guidance. I have written a letter to the chairman mentioning the details along with the settlement. It's almost nearly two weeks now, and so far, no reply has come from them. As per your instructions, I will send one more letter mentioning to settle the same in 2 weeks' time.

In case the reply doesn't come, kindly guide me on what steps I need to take.

Thanks and regards,
Rasheed

Hi Madhu,

I am working in a software company based in Hyderabad. I have signed a bond to work for 2 years in the company. In case I break the bond, I need to pay 2 lakhs in the first 6 months after joining, 1.5 lakhs after 6 months but before 1 year, and likewise decreasing by 50000 for every 6 months of working. I have been working in the current company for the past 17 months (with 7 more months left). Now I have received another offer from a different company, and I am prepared to pay the amount as mentioned in the bond. However, my current employer is not allowing me to leave the company. What can I do in this situation? Please help me.

Thanks,
Dileep

Dear Madhu Sir,

I had written two letters addressing the chairman of the company, but I have not received any response from them. Kindly guide me on how I can go about it.

Regards,
Rasheed

For the recovery of amounts due from the company by way of salary and incentives, you may send a notice through a legal practitioner. For the withdrawal of PF, you may submit Form 19 and Form 10 C after getting your signatures attested by the Bank Manager of the branch to which the SB account the amount is to be transferred. Once it is received at the PF Office, they will instruct the company to submit the break certificate, Form 3 A, and other related information required for settlement.

Regards,
Madhu.T.K