• Fnf on hold by the company and the HR is not responding

Hi,

I resigned from my current company in January and served the notice period of 60 days till March. In March, on my second last working day, I accidentally shared an official email to my personal account which amounted to brach of Data loss prevention policies. The company extended my LWD and asked me to lend support to the investigation in this matter. I did everything that I could have done for this. They asked me to sign NDA which I did without any protest or anything. This extension, however, made me extend my joining date in new company from 7th March to 14th March. As of today i.e. 11th March, the investigation is completed and the report has been submitted to the client, the incident has been closed, and there is no other action pending on me. But, the HRs are not responding to my queries on FnF status and confirm that I can join the other company without worrying about dual employment. I have reached out to them by mail and phone but they are not responding anywhere. Shall I drop an email to them saying that if I don't receive a reply I'll consider no liability against me concerning dual employment and will go ahead with the induction in new company on 14th March. Will such a mail hold any validity in a court of law or will be considered an intimidation?
Asked 4 years ago in Labour

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10 Answers

You can send a communication mentioning your previous mail stating that you have already tendered your resignation which unfortunately could not get a proper response from the company. 

You can also state that since you are in the circumstances of joining a new company,  your last working day would be.....

 

You can stop attending office after that. 

In the same communication which can either be sent by registered post or handed over in person,  you may demand settlement of F and F as well as the experience and relieving letters. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Since you have already created enough evidence for the management to reply to your queries, you can drop an email saying that no liability against you can be made out concerning dual employment and with the induction in new company on 14th March.

2.  It will be considered by the court of law as the genuine trial by you and will not be considered as an act of intimidation by you.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Resignation submitted in Jan 22, notice period served, subsequently some complication arose and resolved. On your side you have, for all practical and legal purposes terminated employee-employer relations. Now employer is not intimating  full and final settlement. You can put in a email declaring your final cessation of employment. There is nothing rude about it, keep your email polite. This will save you any future legal trouble.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Inform the company that you have completed notice period and you would not be coming to office from 13 th March 2022 and to give you experience and reliving letter 

 

you are at liberty to join new organisation

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can drop such email but it will be considered in merits only

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have completed the 2 months notice period 

 

you are at liberty to join another organisation on 14 th 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Even if you don't receive the confirmation from your present employer, since you have created sufficient ground to defend your stand, you will have the legal backing to join the new company on 14th.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Yes

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If you have decided that 11th March will be your last working date, you may do not have to go back to work even if you don't get relieving orders by then.

You may leave a communication to the employer stating that you have stopped working for them from 12th onward and that they should settle  the F&F and other dues including furnishing the relieving letter and experience letter if any.

This communication would confirm that you are no more employed with effect from 12th March and that joining the new company on 14th March would not be in any manner considered as dual employment.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

                  Kindly try following up through mails and other possible means of contact the company and HR. Try to remain as much informed as possible about the situation and receive confirmation

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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