I was serving with a Hyderabad-based public limited company as General Manager (B.D.), and my duties were to do business development, find joint venture partners, and secure contracts. They compelled me to resign on the grounds that they had lost confidence in me due to providing tender information to another party. However, I had shared this information to form a joint venture with them. This entire scenario was a fabricated story. They informed me that if I did not resign, they would terminate me. Consequently, I submitted my resignation and handed over all company documents and property. Despite this, they have not released me, settled my accounts, provided my dues, Form 16A for TDS deducted, or returned my personal documents that were in the company premises. I have sent at least three emails and one letter to the HR department, but I have not received any response. Currently, I am unable to obtain a relieving letter or access the office. I fear they may interfere with my new job. Please advise on the appropriate course of action.
From India, Mumbai
From India, Mumbai
Hi, my name is Ketan Gadani. I am a new user on this site. I work in a private company as an HR assistant. I need a format for full and final settlement and information on the time limit to pay any particular person. This is very important for me. Can anybody help me with this matter? Thank you.
Ketan Gadani
From India, Ahmadabad
Ketan Gadani
From India, Ahmadabad
Having resigned from the post of General Manager, you cannot find any scope in the 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 also move legally. But before that, make sure that the grounds are in your favor and the company does not have any proof to suggest that you had been unfaithful. In such a situation, the company can withhold the relieving order. However, in no case can the company hold 16A. If possible, write a letter to the company requesting the release of the documents with strong wording, indicating that you will be constrained to involve appropriate authorities if the papers are not provided. It is important to mention specifically about the TDS certificate, the lack of which will have repercussions on the employer.
Regards, Madhu.T.K
From India, Kannur
4480Regards, Madhu.T.K
From India, Kannur
They called me to come to the office and explain certain business developments that occurred after I left the company. However, they did not hand over my personal documents. They are now bringing up subjects that are not related to my work in order to demand an explanation. Their intention does not seem to be to complete my full and final settlement. I received a letter from them stating that they are withholding my documents on the grounds that I need to provide justification for certain issues, such as their disqualification in a tender due to the submission of in-house fabricated and fake documents, which were not under my control and were done by the company's director and other individuals. They are raising irrelevant issues. I am planning to take legal action for all of this. Please advise me on a good lawyer to contact initially for sending a notice and for further action.
From India, Mumbai
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
From India, Mumbai
Thanks for your kind reply. But my problem is that I have to prepare full and final settlements for past employees, but I don't have any experience in preparing it properly. I would like suggestions on how to prepare it in an official manner. I am looking for a format and the criteria for areas where payment should be made. (How many days can we take to pay it?)
Please advise me on this.
Thanks & Regards,
Ketan Gadani
From India, Ahmadabad
Please advise me on this.
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
From India, Ahmadabad
Hi Madhu,
I joined an organization and left it in 27 days. I was a rehire in that organization, but due to personal reasons, I had to move to another firm. I resigned without serving the notice period. As I was in training, I was not aware of who my manager was. I sought the trainer's help and contacted a Project Manager who was supposed to be my manager if I had stayed in the company. After discussing everything with him, I resigned. I provided my contact details in the resignation email for further communication and forwarded the same email to the HR mailbox.
It has been a month now, and I have been going in circles trying to obtain my relieving letter and Full and Final (F&F) statements. Nobody responds appropriately, and they claim it as a case of absconding or involuntary exit. I reached out to the manager with whom I discussed my resignation, and he now says he is not the person to talk to. He advised me to contact HR and the resource manager (as I was in training).
In this situation, where I have missed my joining date by a month and have kept the offer on hold, what can I do? Furthermore, if that person was not the relevant manager, why did he conduct the initial interview regarding my resignation? He never informed me, nor did HR, that he was not my manager, and the actual manager, who is responsible for initiating the termination process, is unaware of the details of my resignation. The continuous follow-ups for my relieving letter and other documents have left me mentally and physically exhausted, with no positive responses in sight.
Also, could you please explain the differences between absconding and involuntary exit processes, specifically how the company treats employees in such cases?
I am in urgent need, and I would appreciate it if you could respond as soon as possible.
Kind regards,
Deepu
From India, Madras
I joined an organization and left it in 27 days. I was a rehire in that organization, but due to personal reasons, I had to move to another firm. I resigned without serving the notice period. As I was in training, I was not aware of who my manager was. I sought the trainer's help and contacted a Project Manager who was supposed to be my manager if I had stayed in the company. After discussing everything with him, I resigned. I provided my contact details in the resignation email for further communication and forwarded the same email to the HR mailbox.
It has been a month now, and I have been going in circles trying to obtain my relieving letter and Full and Final (F&F) statements. Nobody responds appropriately, and they claim it as a case of absconding or involuntary exit. I reached out to the manager with whom I discussed my resignation, and he now says he is not the person to talk to. He advised me to contact HR and the resource manager (as I was in training).
In this situation, where I have missed my joining date by a month and have kept the offer on hold, what can I do? Furthermore, if that person was not the relevant manager, why did he conduct the initial interview regarding my resignation? He never informed me, nor did HR, that he was not my manager, and the actual manager, who is responsible for initiating the termination process, is unaware of the details of my resignation. The continuous follow-ups for my relieving letter and other documents have left me mentally and physically exhausted, with no positive responses in sight.
Also, could you please explain the differences between absconding and involuntary exit processes, specifically how the company treats employees in such cases?
I am in urgent need, and I would appreciate it if you could respond as soon as possible.
Kind regards,
Deepu
From India, Madras
Dear Ketan,
There is no prescribed format for full and final settlement. The time limit is a maximum of 48 hours after leaving.
Dear Deepu,
Your case is all about leaving after 27 days of training. When you join an organization, whether as an employee or trainee, you are supposed to know who your reporting officer and departmental head are. Therefore, when you leave, you are expected to give written communication to the departmental head through your immediate officer/superior. The person who issued the appointment letter/training offer is the person to whom such a letter should be addressed. An email communication will not suffice. If the company has interpreted your leaving as absconding, there is nothing to defend. If you genuinely need a relieving letter from the company, have a personal talk in this regard and obtain it.
Regards,
Madhu.T.K
From India, Kannur
There is no prescribed format for full and final settlement. The time limit is a maximum of 48 hours after leaving.
Dear Deepu,
Your case is all about leaving after 27 days of training. When you join an organization, whether as an employee or trainee, you are supposed to know who your reporting officer and departmental head are. Therefore, when you leave, you are expected to give written communication to the departmental head through your immediate officer/superior. The person who issued the appointment letter/training offer is the person to whom such a letter should be addressed. An email communication will not suffice. If the company has interpreted your leaving as absconding, there is nothing to defend. If you genuinely need a relieving letter from the company, have a personal talk in this regard and obtain 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 ago and confirmed the same via email communication with me, the new manager, and various associates in the company. However, the changes were not made in PeopleSoft by that time, and I gave my resignation. In confusion, I wrote my resignation email to both managers as soon as the office started.
I spoke to the trainer and also an HR person because I did not receive any response on my resignation until the afternoon. The trainer spoke with one of the concerned associates 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 I am resigning. He was convinced and asked me to write him a resignation email, which I did.
A week ago, when I called him regarding the resignation acceptance, he informed me that he is not my manager. I was shocked and surprised as to why he did not tell me at that point in time.
I couldn't do written communication as they are in a different state; therefore, email communication and phone were the only ways to do so.
I explained all of these things to HR, and they have now decided it as an 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
Thanks for replying. The thing is, my reporting manager assigned me to a project manager one day ago and confirmed the same via email communication with me, the new manager, and various associates in the company. However, the changes were not made in PeopleSoft by that time, and I gave my resignation. In confusion, I wrote my resignation email to both managers as soon as the office started.
I spoke to the trainer and also an HR person because I did not receive any response on my resignation until the afternoon. The trainer spoke with one of the concerned associates 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 I am resigning. He was convinced and asked me to write him a resignation email, which I did.
A week ago, when I called him regarding the resignation acceptance, he informed me that he is not my manager. I was shocked and surprised as to why he did not tell me at that point in time.
I couldn't do written communication as they are in a different state; therefore, email communication and phone were the only ways to do so.
I explained all of these things to HR, and they have now decided it as an 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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