To put up my case, I have joined XYZ company on 26th July'12 and put my resignation mail on 29th July'17 stating that 4th of Aug'17 will be my last working day but during several meetings with HR for relieving date negotiations I did continue my services till 16th Aug'17 and put a final mail on records that 16th Aug will be my last working day with company and won't be able to continue my services afterwards and along with mail I enclosed my offer letter in which clause no 3.1 states that
"The management may terminate your services by giving two month's written notice or payment of basic salary in lieu thereof without assigning any reasons. Similarly, you may resign from the services of the company by giving two month's notice in writing or payment of basic salary in lieu thereof."
And stopped all operations from XYZ company and I joined another organisation on 21st Aug'17, moreover no communication was done with me verbally or written afterwards from company side over to that mail and now to my surprise in my relieving letter 14th Sep'17 has been shown as the last working day. Now from 21st Aug to 14th Sep a dual employment is showing in papers. Unable to understand that when I was not serving organisation and which I have documented also why it has been shown in the relieving letter and basis of same FnF settlement has been done as I was not serving organisation how can I be compensated for that period.
Please help how can I get the Relieving letter rectified from XYZ company as life long this thing will make a hinderance for me to join some other reputed organisation.
From India, New Delhi
"The management may terminate your services by giving two month's written notice or payment of basic salary in lieu thereof without assigning any reasons. Similarly, you may resign from the services of the company by giving two month's notice in writing or payment of basic salary in lieu thereof."
And stopped all operations from XYZ company and I joined another organisation on 21st Aug'17, moreover no communication was done with me verbally or written afterwards from company side over to that mail and now to my surprise in my relieving letter 14th Sep'17 has been shown as the last working day. Now from 21st Aug to 14th Sep a dual employment is showing in papers. Unable to understand that when I was not serving organisation and which I have documented also why it has been shown in the relieving letter and basis of same FnF settlement has been done as I was not serving organisation how can I be compensated for that period.
Please help how can I get the Relieving letter rectified from XYZ company as life long this thing will make a hinderance for me to join some other reputed organisation.
From India, New Delhi
Dear Rahul,
I would like to specify the following:
a) Your notice period was for 60 days, whereas you had completed only the 19 days.
b) Your last working day was 16th Aug 2017. Thereafter, you had stopped reporting for your duties. In legal parlance this is called as "Abandonment of Duties". It was unilateral decision.
c) Notwithstanding your abandonment of your duties, it appears that your company waited till 14th Sep 2017 and on day from 15th Sep 2017, your name was struck from the company rolls. Employee may absent or abscond, however, companies keep that employee on the roll. This is what has happened with you from 17th Aug 2017 to 14th Sep 2017.
d) That is why you have been issued with the relieving letter from 26th July 2012 to 14th Sep 2017.
e) Your company was generous for not taking action for abandonment of duties. Any other company would have sent the legal notice for the recovery of the notice period pay from you.
f) Your company was not just generous but tolerant too as you have been issued relieving letter without any negative remarks. Any other company might have ordered domestic enquiry on employee's abstention. For failing to attend the domestic enquiry, or for failing to provide credible explanation on abstention employee might have been terminated.
g) Though you have not mentioned anything about gratuity, probably your company did not pay you the gratuity and adjusted the notice period pay against the gratuity. Since the company was not in financial loss, they did not enter into any legal hassle. Of course, this is just a surmise.
h) Abandonment of employment was your unwise decision. For five years the company had provided you the bread and butter, but when better opportunity came in your path, you had no qualms in deserting the company. Nothing wrong per se to avail of better opportunity, nevertheless, this cannot be done at the expense of the contractual obligation.
i) Part of the first paragraph reads, "put a final mail on records that 16th Aug will be my last working day with company and won't be able to continue my services afterwards". The wording of your mail smacks of your overbearing pride. The statement insinuates your feeling that company was depending on you and you had complete freedom to take unilateral decisions.
Final Comments: - Whether the tolerance shown as stated in point (f) above, was by design or default, it has caused damage to you by way of dual employment from 21st Aug 2017 to 14th Sep 2017. While you may approach for the correction of the date in the relieving letter, how far your case will be entertained that remains to be seen as in the HRIS, it must have been shown that you were on the rolls till 14th Sep 2017. Secondly, it's a question of disloyalty also. Company may say, you can't have cake and eat it too.
Thanks,
Dinesh Divekar
From India, Bangalore
7884I would like to specify the following:
a) Your notice period was for 60 days, whereas you had completed only the 19 days.
b) Your last working day was 16th Aug 2017. Thereafter, you had stopped reporting for your duties. In legal parlance this is called as "Abandonment of Duties". It was unilateral decision.
c) Notwithstanding your abandonment of your duties, it appears that your company waited till 14th Sep 2017 and on day from 15th Sep 2017, your name was struck from the company rolls. Employee may absent or abscond, however, companies keep that employee on the roll. This is what has happened with you from 17th Aug 2017 to 14th Sep 2017.
d) That is why you have been issued with the relieving letter from 26th July 2012 to 14th Sep 2017.
e) Your company was generous for not taking action for abandonment of duties. Any other company would have sent the legal notice for the recovery of the notice period pay from you.
f) Your company was not just generous but tolerant too as you have been issued relieving letter without any negative remarks. Any other company might have ordered domestic enquiry on employee's abstention. For failing to attend the domestic enquiry, or for failing to provide credible explanation on abstention employee might have been terminated.
g) Though you have not mentioned anything about gratuity, probably your company did not pay you the gratuity and adjusted the notice period pay against the gratuity. Since the company was not in financial loss, they did not enter into any legal hassle. Of course, this is just a surmise.
h) Abandonment of employment was your unwise decision. For five years the company had provided you the bread and butter, but when better opportunity came in your path, you had no qualms in deserting the company. Nothing wrong per se to avail of better opportunity, nevertheless, this cannot be done at the expense of the contractual obligation.
i) Part of the first paragraph reads, "put a final mail on records that 16th Aug will be my last working day with company and won't be able to continue my services afterwards". The wording of your mail smacks of your overbearing pride. The statement insinuates your feeling that company was depending on you and you had complete freedom to take unilateral decisions.
Final Comments: - Whether the tolerance shown as stated in point (f) above, was by design or default, it has caused damage to you by way of dual employment from 21st Aug 2017 to 14th Sep 2017. While you may approach for the correction of the date in the relieving letter, how far your case will be entertained that remains to be seen as in the HRIS, it must have been shown that you were on the rolls till 14th Sep 2017. Secondly, it's a question of disloyalty also. Company may say, you can't have cake and eat it too.
Thanks,
Dinesh Divekar
From India, Bangalore
Pl tell us how was the period from 17th August to 14th September treated, were you paid or treated as absent or no work no pay etc. So also pl clarify whether the termination of service was on acceptance of resignation or otherwise. But at any rate since nearly 7 months have lapsed since your relieving, an amendment in relieving is not likely.
From India, Mumbai
From India, Mumbai
I had several meetings regarding my relieving but no body was ready to relieve me before serving 2 months notice period. So that was the only choice left with me at that point of time.
In my mails to HR I had clearly mentioned that my basic salary can be desucted in lieu of not serving notice period and which is a clause in offer letter as well.
I have been paid till 14th Sep, but I was not part of organisation.
From India, New Delhi
In my mails to HR I had clearly mentioned that my basic salary can be desucted in lieu of not serving notice period and which is a clause in offer letter as well.
I have been paid till 14th Sep, but I was not part of organisation.
From India, New Delhi
As the earlier organisation is unwilling to change the date of relieving or else you may return to them salary for the period from 21st August to 14th Sept. with a letter explaining the position and keep its acknowledgement. Otherwise, it appears you may have to work the other way around, that means since you were paid in full till 14th Sept., you request the present management to deduct salary upto 14th September and treat your joining from 15th Sept onwards. Do you think this can work out?
From India, Mumbai
From India, Mumbai
Sir, I have asked for help from both the organisations but no one is willing to help.
It was only the offer letter clause on which I took the decision, please guide to overcome this situation. I have all the documentary proofs with me.
I have given them in writing that I won't be able to continue my services from particular date and even asked them to deduct the salary as per clause mentioned in offer letter, still they have paid me for the period when I was not a part of organisation.
Is legal the only way out to overcome this situation?
From India, New Delhi
It was only the offer letter clause on which I took the decision, please guide to overcome this situation. I have all the documentary proofs with me.
I have given them in writing that I won't be able to continue my services from particular date and even asked them to deduct the salary as per clause mentioned in offer letter, still they have paid me for the period when I was not a part of organisation.
Is legal the only way out to overcome this situation?
From India, New Delhi
There appears no effective legal way. The only legal course of action possible is to file a declaratory suit against your erstwhile employer for a declaration that you had ceased to be their employee on 17th August 2017, it is a long drawn process. But there being no other viable option, I would suggest to pay back the salary from 21st August to 14th September to the erstwhile organisation as you got salary from both the places and keep a copy of these posts so that your genuineness in the matter is discernible.
From India, Mumbai
From India, Mumbai
Sir, Even I don’t want to keep the foresaid salary with me, have requested them to share the process to return but HR even refused the same as she told me that in that case we need to change your releiving date as well.
To my surprise she told me that if it could be our fault we would have changed it but as I have left without serving notice period I have to deal with it.
One side they are saying that I left and other side they are unnecessarily paying me for that period.
From India, New Delhi
To my surprise she told me that if it could be our fault we would have changed it but as I have left without serving notice period I have to deal with it.
One side they are saying that I left and other side they are unnecessarily paying me for that period.
From India, New Delhi
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Resignation cum relieving letter.doc