Employment closure and FNF
I worked in X company for over a year, I came by an opportunity of a lifetime in company Y and decided to move on, the condition was to join Y immediately, the maximum I could push this was for a period of 10 days. I wrote to company X, stating i have to leave early and cannot serve the entire notice period. For this there was no official communication stating the company couldnt relive me. I waited till the second last day for them to respond, i wrote back to ask who should i give my handover to and how to start formalities for my FNF. The company then sent me an email stating that post handover to certain said people, my fnf would be initiated. I did the due required and i took their signatures on the required documents, I also submitted the assets the company had given me and took signatures from all departments stating there is no due that I need to pay. Even after all of this the company is not responding to my request on the FNF. I have very clearly resigned stating my dues can be adjusted to the days that i should be getting paid for. But the company is denying me of the letter that is due to me along with the adjustments. There was at no point any communication from the company stating my resignation was a problem and couldnt be accepted. I need my letter of settlement and my dues, please help me understand if there is anything I can do to get this. company Y has allowed me to join without the letter of experience but I think it is my right to be issued a letter of experience and my dues from company X since i have followed every procedure required.
Asked in Business Law from Mumbai, Maharashtra
1) if company is refusing to give you relieving letter and settle your dues issue legal notice to
2) in spite of legal notice company fails to pay file suit to recover your outstanding dues and for issue of relieving letter
1) As you have followed procedures as required in tendering resignation, there is no reason why the company should refrain from giving you your full and final settlement.Whatever is the policy of the company regarding resignation without the mandatory notice being served , it should implement it and close the matter and issue you a relieving letter as well.
2) Since you have not received any formal communication in response to your requests, you must send a legal notice to the company demanding settlement of your dues, relieving/experience letter. Engage a lawyer to assist you in the matter.
you have to contact a lawyer fro issue of legal notice . in said notice mention that you had resigned on X date company and as per company instruction completed hand over responsibilities . that till date company has not issued a relieving letter nor settled your outstanding dues . call upon company to pay within period of 15 days of receipt of notice and hand over relieving letter
1) If you need help with sending a legal notice to the company you may contact me through Kaanoon site by preferring talk to this lawyer option.
2) Once that is done I should be able to help you further.
Not only the letter of experience but also a relieving letter and also the F&F ar to be furnished to you by the company.
Have you escalated the matter with the top management of the company or whether the correspondences are within the HR level of the company.
The HR is another employee of the company, he or she is not an authority of the company to decide about the fate of any event or can stop the employee's entitlement for any reason.
They are just mediators between the management and the employee.
You first the exhaust the remedy available with the company's CEO or the top brass seeking his/her intervention to this and to furnish the details sought for expeditiously.
After this you may send a legal notice demanding your requirements by stipulating time period for furnishing the requirements sought for.
After that you may approach court of law seeking necessary relief and remedy.
If and only if you have resigned in accordance with the rules then you have the right to be given the experience certificate along with a full and final settlement of outstanding dues. Issue a lawyer's notice to the company seeking the experience letter and release of dues. You can go to the Labour Commissioner if the company does not act according to the law.