Resignation, Relieving and Full and Final Settlement

Greetings From Shivarama M I submitted my resignation on 12-Aug-14 by sending formal email to HR and worked till 25-Oct-14 in a reputed company. The actual words from my appointment letter reads like below: "Your service may be terminated by the Company at any time by either giving you one month's notice or payment of one month's Consolidated Salary in lieu of notice. Similarly, it will be permissible for you to resign from our services subject to your giving the Company three month's notice in writing of your intention to do so. If you should leave the company's service without notice, you will be liable to pay to the Company a sum equivalent to your one month's Consolidated Salary or you will be liable to be sued for damages. If at any time you are found guilty of misconduct, your services may be terminated without notice or payment in lieu of notice in accordance with the law. " My Designation is just an Executive. Reason for resignation was: I have got some personal inevitable reasons which need to be attended with due care and concern immediately. HR knew that I was constructing a house, travelling from a long distance and had some unrest in family. I have emailed them that I am ready to pay 1 month salary instead of 3 month notice period but they did not agree with it. They wanted me to be retained. I tried my level best to wait till the new joinee comes and I postponed my relieving till 25-Oct-14, 4times. I spoke to HR several times and spoke to the MD 3 times to relieve me. I Mailed even to MD as well explaining my condition. By end of Sep-14 MD told if I want to leave I can do so but my consciousness was not willing to do it because there was no reliever . I continued my job till 25-Oct-14. Meanwhile, I referred 7 candidates as per HR instruction and one of them was reported to work on 17-Nov-14 who actually interviewed on 3-Sep-14 and was ready join immediately, on the very next day. They were intentionally delaying the replacement. Once, HR was insisting me to train the new joinee whenever he joins and work with him at least one month and then management would decide my relieving date. I had to stop going on 25-Oct-14 (after 2 months 13 days of my resignation) as there was NO candidate appointed till date and did not have any confidence of relieving me in 3 months and I had to concentrate on my personal life more. Of late, when I aked for relieving & experiece letter and F&F, I have got the below email reply from them. __________________________________________ Dear Mr. Shivaram, Kindly refer to my discussion had with you many times that company has made certain rules and regulations and you cannot decide on your last day working without an approval, that to you stop coming for the duty (unthorized Absent) without handing over the work responsibilities. As per the policy you need to serve the notice period and mutually handover the work to the suitable candidate in your position and exit.. Remember I was requested to stay, but you stop coming from the work. Please note that when the employee dose not respect on his duty, or not return to the duty by the specific guideline from HR, your employment will automatically cease. 1. Therefore I cannot give the Relieving Letter stating that you have been relieved, instead of by giving you as " absconding" 2. Your full and final settlement is subject clearance of due (Notice period) 3. Your Form- 16 is subject to giving all original proof of your saving. That you will get it in July- 2015. Please remember when you asked a job in the company we trust and given career, and lots of opportunity to grow. Similarly we expect your exit in the frame of the company's rules. I have explained you many times over a phone, and it's a HR- related issue, the management is already taken the decision, I cannot deviate from my responsibility. Hope you have understood. _________________________________________ Actually, I handed over all admin related work to a colleage as per HR instruction and since there was no reliever I could not hand over bills tracking work to any one. I would like to say you that I did not sign any document other than the appointment letter. They neither sent me an email nor a notice to rejoin the organisation after my absence. HR knew it I was stopping my work from 25-Oct. The MD and HR did not sink into a decision HR was saying that I had to work till 30-Oct-14 and then stop going to work having received the salary (which is real absconding I believe) and MD was saying me to continue till end of Dec-14. In this reputed organisation whatever MD/proprietor and HR say or communicate are only rules and regulations. HR never replies to any resignation emails untill they are escalated to MD. The issue like this is not only mine but of many so far. Kindly suggest how to go about it. -- Thanks and Regards, Shivarama M