Hello,
One of my friend in TOP IT company india was resiged and left the organization after taking the resignation acceptance letter from HR. He got negative Full & Final Settlement(Staus is resigned in FFS) for not serving the 2 months notice period because he served only one month. He paid the negative balance and asked for the releiving letters. The HR issued the Termination Letter and mentioned as "Preivios Employment Background Verification Staus is Red hence terminated".
But it is not discussed when he is in the company, only get to know when he asked for Releiving letter. Even FFS status is "Resignation" and He got Resignation Acceptance Letter. When he contanted HR they Said it stored as Termination in the System.
I wanted to know whether HR Polocies allow this discrepency and what to do is there any labour or HR Policies act to get the Releiving Letter instead of Termination Letter.
Regards
Sridhar
From India
One of my friend in TOP IT company india was resiged and left the organization after taking the resignation acceptance letter from HR. He got negative Full & Final Settlement(Staus is resigned in FFS) for not serving the 2 months notice period because he served only one month. He paid the negative balance and asked for the releiving letters. The HR issued the Termination Letter and mentioned as "Preivios Employment Background Verification Staus is Red hence terminated".
But it is not discussed when he is in the company, only get to know when he asked for Releiving letter. Even FFS status is "Resignation" and He got Resignation Acceptance Letter. When he contanted HR they Said it stored as Termination in the System.
I wanted to know whether HR Polocies allow this discrepency and what to do is there any labour or HR Policies act to get the Releiving Letter instead of Termination Letter.
Regards
Sridhar
From India
Few questions for you..
How long your friend was there?
Has he absconded from the services after one month notice, without proper communication to his/her manager and HR?
Has he approached inperson to the employer to understand the gap (as they are following automated system, there could be a typo/error)?
Is he having a copy of no-dues clearance?
It's better to interact with Employer and fix than Labor office to avoid any further delay.
KK
From India, Hyderabad
1How long your friend was there?
Has he absconded from the services after one month notice, without proper communication to his/her manager and HR?
Has he approached inperson to the employer to understand the gap (as they are following automated system, there could be a typo/error)?
Is he having a copy of no-dues clearance?
It's better to interact with Employer and fix than Labor office to avoid any further delay.
KK
From India, Hyderabad
This generally happens when a particular employee has a very bad rapport with the management. Its totally
unethical but to avoid such issues we need to be very smart. As to what can be done. I would say "nothing"
because your friend has accepted the relieving letter and signed on the dues. But it can solved by talking to
the HR manager on moral grounds as it could affect the person's career!
Regards
Sidharth
From India, Madras
unethical but to avoid such issues we need to be very smart. As to what can be done. I would say "nothing"
because your friend has accepted the relieving letter and signed on the dues. But it can solved by talking to
the HR manager on moral grounds as it could affect the person's career!
Regards
Sidharth
From India, Madras
Hi Sridhar,
As mentioned by you, your freind's Full and Final sheet had deductions in it as he did not serve his 2 months notice period. This can only happen if the employee resigns as per the appointment letter. Once the FnF has been made the company cannot change "resignation" to "termination". In fact if the company terminates someone, the company has to pay the notice period amount to the employee. If your friend has the copy of the FnF I suggest he needs to escalate it to the Head of HR citing the reasons mentioned above. Any sensible senior HR personnel would know that it is a mistake from their side and should make ammends to it. In case this doesn't get resolved that ways this case is worth fighting for in the labour court. The case is very strong in favour of the terminated employee if he has a original copy of the FnF sheet, the case might take some time but you can always get compensated with interest.
From India
As mentioned by you, your freind's Full and Final sheet had deductions in it as he did not serve his 2 months notice period. This can only happen if the employee resigns as per the appointment letter. Once the FnF has been made the company cannot change "resignation" to "termination". In fact if the company terminates someone, the company has to pay the notice period amount to the employee. If your friend has the copy of the FnF I suggest he needs to escalate it to the Head of HR citing the reasons mentioned above. Any sensible senior HR personnel would know that it is a mistake from their side and should make ammends to it. In case this doesn't get resolved that ways this case is worth fighting for in the labour court. The case is very strong in favour of the terminated employee if he has a original copy of the FnF sheet, the case might take some time but you can always get compensated with interest.
From India
hi sridhar, Praveer is right u must talk to senior Hr personal and resolve the issue and further u can go to civil court (Labour Court is not for u) and fight the case. BOL Manish Gupta
From India, Mumbai
From India, Mumbai
hi,
Legally termiination cannot take place withoutformal notification & clarification, if co. has done this yr friiend cound go to any court & ask justice. CO. would be bound to realse the payments or the promoters would be put behind bars for forgery.Ruling og Gujarst High court.
More over only frauds in ref. check could be neg.but becomes null & void if persons resigns, more over no court could ask for notice period as it would lead to forced labour which is banned in India
Regards
Amit
From India, New Delhi
Legally termiination cannot take place withoutformal notification & clarification, if co. has done this yr friiend cound go to any court & ask justice. CO. would be bound to realse the payments or the promoters would be put behind bars for forgery.Ruling og Gujarst High court.
More over only frauds in ref. check could be neg.but becomes null & void if persons resigns, more over no court could ask for notice period as it would lead to forced labour which is banned in India
Regards
Amit
From India, New Delhi
Hi Amit, Manish Gupta, Praveer26, Sidharth
Just he had a talk with HR they said that they can give one experience certificate stating the experience without mentioning the status whether releived or terminated.but can't give releiving letter as it exist as terminated in their system. He is served 1 year 9 months for that company.
he can he go ahead to civil court straight away?
Regards,
Sridhar
From India
Just he had a talk with HR they said that they can give one experience certificate stating the experience without mentioning the status whether releived or terminated.but can't give releiving letter as it exist as terminated in their system. He is served 1 year 9 months for that company.
he can he go ahead to civil court straight away?
Regards,
Sridhar
From India
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Sample Resignation acceptance letter.doc