Sir,
I served in a company as Asst Manager, Finance. After completion of 3 years, I tendered my resignation in view of getting an opportunity in some other organization. I tendered my resignation to my boss who initially did not accept and tried to compromise with me, but I was firm on my decision. He accepted the resignation subsequently. As per the appointment order, I had to serve a 3-month notice period. However, I requested to be relieved in a shorter notice period due to other commitments and also agreed to the recovery of the unserved notice period. He did not say anything. When I tendered my resignation through mail, he insisted that I should not mark HR directly as he had to forward it to HR as per practice. I accepted the same. I verbally requested him to release me in 45 days, but he acted as a mute spectator. Despite sending several emails and having verbal discussions, he did not accept any of my requests and ordered me to continue working till the end of my notice period.
Due to unavoidable circumstances, I left the organization after completing 62 days of the notice period. Before leaving, I sent a final mail to my boss stating that I could not come after a certain date and had a verbal discussion. Initially, he agreed verbally to release me and requested me to come back at a later date to review the handover details, to which I agreed. I attended one day after the agreed-upon date, but he did not treat me well, and I left. Subsequently, I received a letter from HR regarding long absenteeism, which surprised me. I immediately replied to that letter, attaching communication emails with my boss regarding the short notice and handing over details. I also visited their office and met the HR head to explain my issues. They requested me to come on weekends to clarify certain tasks that were handled by me, which I did with verbal consent from my new employer.
After that, they processed my Full and Final (F&F) settlement where they mentioned my date of relieving is different from the actual date. When I inquired about this with the HR head, he mentioned that I left the company on short notice, and my boss delayed giving acceptance on the relieving even after deducting the recovery for the short notice period. Therefore, they fixed the date of relieving as per their F&F processing date. They also mentioned that they would issue the service certificate on the same date. Is there any law that states if a person does not serve the full notice period, the employer has the legal right to issue the relieving order and service certificate with a date of their choosing?
Please clarify.
From India, Chennai
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I served in a company as Asst Manager, Finance. After completion of 3 years, I tendered my resignation in view of getting an opportunity in some other organization. I tendered my resignation to my boss who initially did not accept and tried to compromise with me, but I was firm on my decision. He accepted the resignation subsequently. As per the appointment order, I had to serve a 3-month notice period. However, I requested to be relieved in a shorter notice period due to other commitments and also agreed to the recovery of the unserved notice period. He did not say anything. When I tendered my resignation through mail, he insisted that I should not mark HR directly as he had to forward it to HR as per practice. I accepted the same. I verbally requested him to release me in 45 days, but he acted as a mute spectator. Despite sending several emails and having verbal discussions, he did not accept any of my requests and ordered me to continue working till the end of my notice period.
Due to unavoidable circumstances, I left the organization after completing 62 days of the notice period. Before leaving, I sent a final mail to my boss stating that I could not come after a certain date and had a verbal discussion. Initially, he agreed verbally to release me and requested me to come back at a later date to review the handover details, to which I agreed. I attended one day after the agreed-upon date, but he did not treat me well, and I left. Subsequently, I received a letter from HR regarding long absenteeism, which surprised me. I immediately replied to that letter, attaching communication emails with my boss regarding the short notice and handing over details. I also visited their office and met the HR head to explain my issues. They requested me to come on weekends to clarify certain tasks that were handled by me, which I did with verbal consent from my new employer.
After that, they processed my Full and Final (F&F) settlement where they mentioned my date of relieving is different from the actual date. When I inquired about this with the HR head, he mentioned that I left the company on short notice, and my boss delayed giving acceptance on the relieving even after deducting the recovery for the short notice period. Therefore, they fixed the date of relieving as per their F&F processing date. They also mentioned that they would issue the service certificate on the same date. Is there any law that states if a person does not serve the full notice period, the employer has the legal right to issue the relieving order and service certificate with a date of their choosing?
Please clarify.
From India, Chennai
Acknowledge(0)Amend(0)
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