Please Advise Me Over My Relieving Letter & PF Settlement

Hi All,

I had put in my resignation from my previous organization where I worked as a Senior HR Executive on December 9, 2008, but I have not yet received my relieving letter. When I inquired about it, my HR Manager informed me that since I did not adhere to the company's resignation procedures, I have not been officially relieved, and they will not assist me with my relieving letter or PF settlement. The clause related to termination of employment in my appointment letter states:

4. Termination of Employment

4.1 Termination Notice
During the probation period or after confirmation of your services, either the Management or you can terminate the employment contract by providing three months' notice or pay three months' salary (CTC) in lieu of notice.

I did not serve or pay the 3 months' notice period. I submitted my resignation on December 9, 2008, with immediate effect citing personal reasons and returned all official documents by December 12, 2008. Given that I worked there for 10 months, am I not eligible for a relieving letter and my PF amount? Furthermore, a new executive has been appointed in my place since January 2009. Why am I still being told that I am not officially relieved? Please assist me with this matter.

Regards,
Diya.

Dear,

Please don't combine both the issues. EPF can be obtained even without a relieving letter. For Full and Final settlement and the relieving letter, the Company will act in accordance with the provisions in your Appointment order. Kindly send a formal request letter to the Company so that they may consider your appeal.

With Regards

V. Sounder Rajan

E-mail: rajanassociates@eth.net

Off: 044-42620864, 044-55874684

Dear,

Following is the reply to your question:

Regarding resignation and relieving letter, your management has all rights to keep pending your relieving letter unless you serve a three-month notice or pay a three-month notice pay in lieu of the notice period. In this regard, you can ask your management to submit the amount of notice payable by you after adjusting your earnings for that month, excluding the PF amount as it is not attachable and can be recovered through your EPF.

Your management, after accepting three months' notice pay as per your offer of appointment, is bound to give a relieving letter and can transfer your PF to your new employer's PF account (if you wish) or you can withdraw.

Thus, PF and relieving order are different issues.

Thanks,
K. Sanju