Issue with Notice Period and Relieving Letter
Recently, I resigned from a company where I was supposed to serve a 2-month notice period. When submitting my resignation, I chose to serve the full 2 months, and my senior accepted this. However, after 25 days of serving notice, my senior informed me to stop coming to the office but assured me that I would receive my full 2 months' salary for the notice period. I did receive the salary, but in my relieving letter, my last working day was stated as only 25 days after my resignation date, instead of the agreed 2 months.
Upon contacting HR, they mentioned that the date was altered based on my senior's email. I requested them to amend the dates and issue a new letter. However, they have not responded to my emails, and it seems they are unwilling to make the change. Can I take legal action against the company to address this issue?
From India, Delhi
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Recently, I resigned from a company where I was supposed to serve a 2-month notice period. When submitting my resignation, I chose to serve the full 2 months, and my senior accepted this. However, after 25 days of serving notice, my senior informed me to stop coming to the office but assured me that I would receive my full 2 months' salary for the notice period. I did receive the salary, but in my relieving letter, my last working day was stated as only 25 days after my resignation date, instead of the agreed 2 months.
Upon contacting HR, they mentioned that the date was altered based on my senior's email. I requested them to amend the dates and issue a new letter. However, they have not responded to my emails, and it seems they are unwilling to make the change. Can I take legal action against the company to address this issue?
From India, Delhi
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You were actually relieved after 25 days So from the company’s point of view, that seem to be correct.
From India, Mumbai
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2508From India, Mumbai
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Clarifying Dual Employment Concerns
Hi, trying to clarify this point with a real scenario. Suppose Reeta initiates her resignation on 1st March, ending on 1st May. However, after 25 days, management relieves her on 25th March, and Reeta joins another company on 5th April. If there is an experience letter mentioning 1st May as the relieving date and full and final (FNF) settlement, you can be accused of dual employment. Therefore, the experience letter should only mention the worked days, i.e., Last Working Day (LWD). As you have only worked for 25 days, the paid amount is also valid.
So, in my opinion, there is nothing wrong in this case. Let's see what others have to say. Good luck!
From India, Mohali
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Hi, trying to clarify this point with a real scenario. Suppose Reeta initiates her resignation on 1st March, ending on 1st May. However, after 25 days, management relieves her on 25th March, and Reeta joins another company on 5th April. If there is an experience letter mentioning 1st May as the relieving date and full and final (FNF) settlement, you can be accused of dual employment. Therefore, the experience letter should only mention the worked days, i.e., Last Working Day (LWD). As you have only worked for 25 days, the paid amount is also valid.
So, in my opinion, there is nothing wrong in this case. Let's see what others have to say. Good luck!
From India, Mohali
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After receiving resignations from employees, some companies keep a reserve time, as mentioned in the notice period, to find a replacement or successor for the role. If a company finds a replacement sooner, the reporting manager no longer feels the need to have two resources working on the same task. This may have occurred in your case as well. The last working day is always the final day of your employment at the company.
It is not recommended to pursue legal action against a company on such grounds.
From India, Hyderabad
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It is not recommended to pursue legal action against a company on such grounds.
From India, Hyderabad
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If you have been paid your salary as per the contract mentioned in the appointment letter and have been relieved early, your employment with the company is considered to end on the last day of your notice period, as statutory deductions like PF and ESI have been made. Therefore, in the records of PF and ESI, your day of cessation will be the last day of your notice period. If your relieving letter mentions an earlier date, it should not create any problems as long as you are joining another organization. Joining another organization after completing the notice period is legally and ethically correct. However, if you need to join another organization earlier, you can explain the situation to the HR of the new organization and obtain a suitable suggestion.
Thanks.
From United States, New York
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Thanks.
From United States, New York
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Notice Period Extension Letter Format.doc