I have resigned in my previous org. 1 and 1/2 month. I had 3 months notice period and they have relieved me in 1 and half month. Initially they were asking for FULL amount for notice period buyout but afterwards they all of a sudden relieved me. I have got Experience and Relieving letters. In my relieving letter they have mentioned as below
"This letter is being issued subject to final clearances from finance department"
Now the finance department fellow was not present on relieving day and HR has mentioned that to leave the finance clearance.
I want to ask whether the company will create problems and ask for Notice period buyout money for remaining days of notice period.
When is Full and final settlement done, (How much time after relieving date), because HR said it will happen after 2 months, which falls after 3 months of notice.
Can this become as problem for me.
Thanks.
From India, Pune
"This letter is being issued subject to final clearances from finance department"
Now the finance department fellow was not present on relieving day and HR has mentioned that to leave the finance clearance.
I want to ask whether the company will create problems and ask for Notice period buyout money for remaining days of notice period.
When is Full and final settlement done, (How much time after relieving date), because HR said it will happen after 2 months, which falls after 3 months of notice.
Can this become as problem for me.
Thanks.
From India, Pune
I have resigned in my previous company around 1 and 1/2 month before. I had 3 months notice period. Initially Company was asking for Buyout money as FULL amount for remaining days but last week they relieved me all of a sudden. They gave Experience and Relieving letters.
However in my relieving letter they have mentioned,
"This letter is subject to final clearances from the finance department"
On my last day, finance person was absent and HR has told that you can leave that part and issued the letters.
Now my query is, 1) "Will the company ask for notice period buyout money for remaining days in Full and Final Settlement."
2) Does the company need to mention explicitly that notice period buyout money is pending?
3) When is Full and Final Settlement normally done? (after how many days of relieving date)
Do I need to consult a lawyer here.
Thank you.
From India, Pune
However in my relieving letter they have mentioned,
"This letter is subject to final clearances from the finance department"
On my last day, finance person was absent and HR has told that you can leave that part and issued the letters.
Now my query is, 1) "Will the company ask for notice period buyout money for remaining days in Full and Final Settlement."
2) Does the company need to mention explicitly that notice period buyout money is pending?
3) When is Full and Final Settlement normally done? (after how many days of relieving date)
Do I need to consult a lawyer here.
Thank you.
From India, Pune
Normally, unless you had asked for relieving earlier, employer could not have relieved you after one and half month. Having given you certificates, Now if the employer asks you for buy out period, tell them above position. Further if you had asked for early relieving then employer has discretion to waive of notice period.For period within which f and f is done, kindly see the state shop and establishment Act. Further having relieved you means the contractual dues are settled.
Thanks
Sushil
From India, New Delhi
221Thanks
Sushil
From India, New Delhi
What I can understand from your post,is that employer has ostensibly waived the notice period.
Who in the chain has signed your relieving letter?
My understanding is that the employer has left an ambiguity to claim Notice period payment if they want.
From India, Pune
Who in the chain has signed your relieving letter?
My understanding is that the employer has left an ambiguity to claim Notice period payment if they want.
From India, Pune
Putting such a clause in relieving letter is of arbitrary nature. It is the function of HR to specify about notice period in lieu amount to be payable if any. Then HR has to calculate amount recoverable in respect of salary. Accounts deptt has to specify other dues payable by company at the time f&f settlement. Notice period waiving which has been done illegally in the present case, has to be done before contract of service is determined. Other dues have to be paid within next one day as per said Acts generally. One cannot keep things in hanging beyond these periods.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Initially after resignation I was asking for early relieve verbally but since they asked for full amount for 1 month buyout my new company was not ready for same and I have conveyed same to them that I am ready to serve entire notice period of 90 days. I do have proof for same that I requested last date after 90 days notice period.
HR had signed the relieving letter and finance department person was not present on relieving day.
My question is doesn't the company need to explicitly mention about notice period buyout if any or ask for same in writing from employee.
From India, Pune
HR had signed the relieving letter and finance department person was not present on relieving day.
My question is doesn't the company need to explicitly mention about notice period buyout if any or ask for same in writing from employee.
From India, Pune
Notice period buy out is for the employee who wants to resign and wants to be relieved earlier. Here you had given 90 days notice and it is the employer which has illegally relieved you earlier.So the question of paying any amount does not arise. If you had asked for earlier relieving then HR would had asked you pay the specific buy out amount in writing.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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Resignation cum relieving letter.doc