I was working at "XX" company for 5 years and 6 months. I resigned from the company. They gave me a notice period of 2 months, but I had already requested that "I have uncontrollable problems, so please release me early." I attended 20 days of my notice period and then left the company without completing the full notice period. However, I had mentioned in my second application that "I am not going to serve my notice period. I am ready to pay for the remaining days of my notice period, so please adjust the pay with my salary or my pending leaves."
The company has held my salary for the month and is not responding to any letters. They are telling me that they are not going to clear my case and are not accepting my exit formalities. Now, I am in a mess because the company is not providing me with the relieving letter, my experience letter, my salary, leaves, or even my gratuity. How should I clear all my formalities?
From India, Pune
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The company has held my salary for the month and is not responding to any letters. They are telling me that they are not going to clear my case and are not accepting my exit formalities. Now, I am in a mess because the company is not providing me with the relieving letter, my experience letter, my salary, leaves, or even my gratuity. How should I clear all my formalities?
From India, Pune
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They have no rights to hold your letters as according to the rules they should only adjust your basic salary against your notice period.
From India, Delhi
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From India, Delhi
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You need to talk to your former employers and try to persuade them, but let me tell you the option of accepting payment for the unexpired notice period lies with the employer. The resigning employee can only request the same. The employer needs some time to train a new person to take up the new assignment left by the resigning employee. It is in the organizational interest that the resigning employee serves the full notice period so that continuity in service remains.
Considering your problems, if your persuasions fail, then probably the only option is legal recourse for which you need to be prepared.
Regards,
KK
From India, Bhopal
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208Considering your problems, if your persuasions fail, then probably the only option is legal recourse for which you need to be prepared.
Regards,
KK
From India, Bhopal
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You have all the rights to talk to your employer about your salary. Please discuss with them to get all the details. If necessary, you can consider filing a legal case, but ensure you have evidence to support your claims. This may include documentation such as your resignation email, your subsequent communication, and proof of your employment for over five years.
Thank you.
Regards,
Vijay
From India, Warangal
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Thank you.
Regards,
Vijay
From India, Warangal
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Thank you for the reply. Yes, I handed over my formalities to another person, and they have already revoked some of my rights before my resignation. I worked with good and polite behavior in the company. I requested adjustments once, twice, and more, but they did not make any changes. They are taking advantage of my polite behavior in the wrong way.
Yes, I am planning for legal action. I received information from another HR source that they have categorized my case as an absconding case and are withholding my Full and Final settlement.
I do not have any other choice because now they are also avoiding my calls. I am getting replies from HR like "we cannot clear your case," "we are trying," "management is not listening," "I have forwarded your proposal to management," but in reality, they are not taking any action.
Should I register a case with full confidence, and what advantages and disadvantages will I face after legal action? Will they reimburse me for the costs of my legal action or anything else?
Thank you and regards,
Vijay
From India, Pune
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Yes, I am planning for legal action. I received information from another HR source that they have categorized my case as an absconding case and are withholding my Full and Final settlement.
I do not have any other choice because now they are also avoiding my calls. I am getting replies from HR like "we cannot clear your case," "we are trying," "management is not listening," "I have forwarded your proposal to management," but in reality, they are not taking any action.
Should I register a case with full confidence, and what advantages and disadvantages will I face after legal action? Will they reimburse me for the costs of my legal action or anything else?
Thank you and regards,
Vijay
From India, Pune
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Dear Mr. Vijay,
Please refer to your appointment order, where it should have been mentioned that for terminating the contract of appointment, either party should give xx months' notice or pay in lieu of the notice period. From this, it is clear that either you can give notice or pay in lieu of notice. No employer can insist on issuing notice and serving the entire notice period. When you are prepared to pay for the notice period, be it for the full period or part period, the employer needs to relieve you from the services. The only alternative left to the employer is to negotiate with you to retain you on terms acceptable to you. I hope I have made the matter clear to you. Certainly, the employer cannot inconvenience you by withholding any of the terminal benefits, your balance payable salary, let alone not relieving you from services and issuing your service certificate, etc. They can only retain you by offering compensation and benefits acceptable to you.
Joga Rao
From India, Eluru
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Please refer to your appointment order, where it should have been mentioned that for terminating the contract of appointment, either party should give xx months' notice or pay in lieu of the notice period. From this, it is clear that either you can give notice or pay in lieu of notice. No employer can insist on issuing notice and serving the entire notice period. When you are prepared to pay for the notice period, be it for the full period or part period, the employer needs to relieve you from the services. The only alternative left to the employer is to negotiate with you to retain you on terms acceptable to you. I hope I have made the matter clear to you. Certainly, the employer cannot inconvenience you by withholding any of the terminal benefits, your balance payable salary, let alone not relieving you from services and issuing your service certificate, etc. They can only retain you by offering compensation and benefits acceptable to you.
Joga Rao
From India, Eluru
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You need to be very sure that your salary for the month before you handled your resignation, plus payment for accrued leave, will be enough for the payment in lieu of notice of two months. Please be sure of that before you file the case.
Your employer has no right to withhold any of your final settlements. I advise you to stop using the telephone as a means of communication with your HR. Start collecting evidence to back you up during the case because that is where you are heading. Whatever you are requesting or asking from them, document it, send them the letter, and make them sign to acknowledge receipt and keep a copy. You can also email them the same copy for more reference.
You can start afresh by asking for your final settlements, but this time give them deadlines. Make it clear to them that if you do not hear from them within the time you gave them (2-3 days), you intend to take the matter ahead. Also, do not forget to inform them that you are ready to meet with them and discuss this matter. That will show that you were ready to compromise and you resigned in good faith. This will back you up if they raise any accusations against you during the case.
Regards
From Tanzania, Dar Es Salaam
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Your employer has no right to withhold any of your final settlements. I advise you to stop using the telephone as a means of communication with your HR. Start collecting evidence to back you up during the case because that is where you are heading. Whatever you are requesting or asking from them, document it, send them the letter, and make them sign to acknowledge receipt and keep a copy. You can also email them the same copy for more reference.
You can start afresh by asking for your final settlements, but this time give them deadlines. Make it clear to them that if you do not hear from them within the time you gave them (2-3 days), you intend to take the matter ahead. Also, do not forget to inform them that you are ready to meet with them and discuss this matter. That will show that you were ready to compromise and you resigned in good faith. This will back you up if they raise any accusations against you during the case.
Regards
From Tanzania, Dar Es Salaam
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Notice Period Issue.zip
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