Resignation and Notice Period Dues
I resigned from a company in August 2018 after taking a leave of about two months due to personal reasons. When I resigned, I had no pending job activities as I had been on leave, and the job didn't require a transition. Based on discussions with my manager and HR, I was relieved the same day I returned from my leave.
A month later, I was informed that I have to pay dues for the shortage of the notice period to collect the relieving documents. Since I have changed my career path, I do not need the relieving documents. However, the company has now sent me an email stating they will proceed legally to collect the dues. Is it really mandatory for me to pay these dues, considering I am not dependent on the documents and have not caused any loss to the company, such as project or revenue loss? Please advise.
From India, Chennai
I resigned from a company in August 2018 after taking a leave of about two months due to personal reasons. When I resigned, I had no pending job activities as I had been on leave, and the job didn't require a transition. Based on discussions with my manager and HR, I was relieved the same day I returned from my leave.
A month later, I was informed that I have to pay dues for the shortage of the notice period to collect the relieving documents. Since I have changed my career path, I do not need the relieving documents. However, the company has now sent me an email stating they will proceed legally to collect the dues. Is it really mandatory for me to pay these dues, considering I am not dependent on the documents and have not caused any loss to the company, such as project or revenue loss? Please advise.
From India, Chennai
The notice period depends on your employment terms. Some companies follow a one-month notice while others follow a three-month notice. Please check your appointment order.
If you have any pending dues to be received from your past employer, you can request them to adjust the same towards the shortfall in the notice period. If not, visit your HR in person, discuss it with him/her, and close it amicably to get properly relieved.
You may not require the relieving certificate based on the current scenario. However, in the future, the situation may change, and you may be required to submit proof of past employment to your future employer. If you leave this issue unattended, your past employer may proceed with disciplinary proceedings, warning/termination processes, resulting in your personal file being closed with remarks such as absconded/unauthorized, which will not be favorable for you.
From India, Madras
If you have any pending dues to be received from your past employer, you can request them to adjust the same towards the shortfall in the notice period. If not, visit your HR in person, discuss it with him/her, and close it amicably to get properly relieved.
You may not require the relieving certificate based on the current scenario. However, in the future, the situation may change, and you may be required to submit proof of past employment to your future employer. If you leave this issue unattended, your past employer may proceed with disciplinary proceedings, warning/termination processes, resulting in your personal file being closed with remarks such as absconded/unauthorized, which will not be favorable for you.
From India, Madras
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