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I was serving with a Hyderabad based public limited company as General Manager (B.D) and my duites to do Business developement and finding out Joint venutre partner and to get qualify company to get contracts. They have compelled me to give resignation on ground that they lost confidence on me as I had given some tender information to some other party. Where as I had given information to other party for forming up of Joint venture with them This was an entire a fabricated story and they told me that I would not resigned, they would terminate me. Due to which I had put my papers to the company and handed over all documents and company properrty too. But now they are not releaving me, not settling my accounts as well as not giving my dues, Form 16A for TDS dedcucted by them and al;so not handing over mypersonal documents which were laying in company premises. I had dropped atleast three mails and one letter to HR department. But no reply from them. Now I want to join other company and they are not giving me releaving letter. Even I am not allowed to go to office. I am fear that they might disturb my new job. Please advise for a suitable action.
From India, Mumbai
Hi my self ketan gadani .
I am new user in this site..
I am working in a private company as HR assistant.
I need a format for full and final settlement and its time limit to pay any perticular person.
It is very needful for me.
so please anybody can help me in this matter.
Thanks...
ketan gadani

From India, Ahmadabad
Having resigned from the post of General Manager, you cannot find any scope in Industrial Disputes Act. However, the company should have relieved you on the basis of your resignation. If the company is not issuing you the relieving letter even after repeated requests you can move legally also. But before that make sure that the ground is in your favour and the company do not have any proof to say that you had been unfaithful. In such situation the company can withhold relieving order. But in no case can the company hold 16A. If possible write a letter to the company requesting to release the documents with a strong wording that you will be constrained to move to appropriate authorities if the papers are not given. Mention should be made in particular about TDS certificate holding of which will bounce back to the employer.
Regards,
Madhu.T.K

From India, Kannur
They called me to come to office and to explain the certain Business developement which had happened after my leaving company. But not handed over my personal documents. They are now putting those subjects which are not at all related to my work and to give explaination. Their intention is not to do my full and final settlement. I got letter from them that they are withhelding my documents on the ground that I have to give justification for the things (like their disqualification in one tender due to sumbittal of the some of the inhouse fabricated and fake documents by them) & the same were not under my control as well as done by Director of company and other people. They put irrelavant issues. I am planning to proceed in legal court for all this. Please advise me a good lawyer to intereact first for notice and further action.
From India, Mumbai
See if the company is not doing F&FS or giving relieving letter it does not matters u must have your last salary slip that’s all u need to have.
From India, Mumbai
Thanks for your kind reply .
But my problem is that i have to prepare ful and final settlement of past employees but i have not any experience to prepare it properly so i want suggestion that how to prepare it in a official manners.
So I want formate for that and what will be criete area to to pay it.(How many days we can take to pay it)
So Please give me advise for that.
Thanks & Regards.
Ketan Gadani

From India, Ahmadabad
Thanks for your kind reply But i have to prepare ful and final settlement of our past employees so i want such format to prepare it in a right manners. So Please give me proper suggestion for that
From India, Ahmadabad
Hi Madhu,

I joined an organization and left it in 27 days . I was a rehire in that organization , but because of personal reasons I had to make a move to another firm. I resigned without serving the notice period , as I was in traning I was not aware who my manager is , I took the trainers help and contacted a PM who was supposed to be my manager if I would have stayed in the company. I had a chat with him and explaining everything I resigned. I gave him my contact details in the resignation mail for further communication and forwarded the same e-mail to HR mailbox.

It is a month now and I have been moving in circles to get my relieving letter and F&F statements. No body responds properly and they say they have taken it a case of absconding / Involuntary exit. I contacted the manager with whom I discussed my resignation and he says now that he is not the concerned person to talk to . Please talk to the HR and the resource manager (as I was in training.).

What can I do in this case as I already have missed my joining date by a month , somehow I have kept the offer on hold.
Also if that person was not the concerned manager , why at first point he took my interview regarding my resignation. He never ever informed me , neither the HR that he is not my manager and the real manager doesn't know everything about my resignation who is responsible for starting the termination process. I am mentally , physically exhausted as following up with these guys for my relieving letter and other documents and I never see a positive response.

Also can you please differentiate between absconding / Involuntary exit process, I mean how does the company treat the employee in such cases.

I am in need and I would appreciate if you can reply ASAP.

Kind regards,
Deepu

From India, Madras
Dear Ketan,
There is no prescribed format for full and final settlement. The time limit is maximum 48 hours of leaving.
Dear Deepu,
Your case is all about leaving after 27 days of training. When you join an organisation, whether as an employee or trainee, you are suppose to know who are your reporting officer and the departmental head. Therefore, when you leave, you are expected to give written communication to the departmental head through your immediate officer/ superior. The person who had issued appointment letter/ training offer is the person to whom such letter is to be addressed. An email communication will not stand. If the company has interpreted your leaving as absconding, there is nothing to defend. If you really need a relieving letter from the company, have a personal talk in this regard and get it.
Regards,
Madhu.T.K

From India, Kannur
Hi Madhu,

Thanks for replying. The thing is my reporting manager assigned me to a project manager one day back and confirmed the same via mail communication with me , the new manager and various associates in the company , but the changes were not done in peoplesoft by that time and I gave my resignation. Being in confusion I wrote my resignation mail to both the managers , first thing when the office started.

I spoke to the trainer and also one HR person because I did not receive any response on my resignation till afternoon, trainer spoke with one of the concerned associate and directed me to the new manager (to whom I was assigned) , I scheduled a meeting with his consent and he spoke to me at the end of the day , regarding why am I resigning and everything. He was convinced and he asked me to write him a resignation mail, which I did .
It was one week back , when I gave him a call regarding resignation acceptance he said to me that he is not my manager !!!! I was shocked and surprised as to why did he not told me at that point of time.

I couldn't do a written communication as they are in a different state , so e-mail communication and phone was the only way to do so .

I told all of these things to the HR and they have now decided as involuntary exit.

I don't know what kind of letters will be issued in this case.
How much time will be taken in all this process as it has already been a month since I resigned ?? Is there any time limit ??

Please help ...

From India, Madras
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