Dear All,
7 months ago I resigned on zero day notice from a company on the day just before the salary transfer in account. Hence I could not claim the salary for the month. Now when I am just asking for releiving letter from the company they are saying that I have been absent and I will have to pay 1 months salary.
First I was not the confirmed employee they did not give any letter.
Second in appointment letter notice period is of 15 days.
Third I am not even claiming the one month salary I just want smooth exit.
Can a company legally hold 1 month salary or Releiving letter?
Please advice on this as I need Releiving letter or if they will not give the releiving letter then I would like to claim the salary which the upholded.
Can I take any legal action for the same?
Friends please guide regarding this??
Regards
Rashee
From India, Delhi
27 months ago I resigned on zero day notice from a company on the day just before the salary transfer in account. Hence I could not claim the salary for the month. Now when I am just asking for releiving letter from the company they are saying that I have been absent and I will have to pay 1 months salary.
First I was not the confirmed employee they did not give any letter.
Second in appointment letter notice period is of 15 days.
Third I am not even claiming the one month salary I just want smooth exit.
Can a company legally hold 1 month salary or Releiving letter?
Please advice on this as I need Releiving letter or if they will not give the releiving letter then I would like to claim the salary which the upholded.
Can I take any legal action for the same?
Friends please guide regarding this??
Regards
Rashee
From India, Delhi
Dear Rashee,
First of all, you should not have run from the job. You can no way justify your action, suddenly disappearing from the orgnisation without giving any notice and handover. It is not only legally but also morally and ethically wrong. In your case, it seems that in your past organization record you are absconding. Even if you had given resignation letter it was not accepted by management and (hope) you are not having resignation acceptation letter so practically it is null and void.
Now coming directly to your questions: Can a company legally hold 1-month salary or Relieving letter?
Ideally, company should not hold salary of employee but in your case, you had left the organization so you should pay to company. Absconding employee do not have any right to ask for salary. Mostly relieving letter is for employees who are properly exit from the organization. If I am not wrong relieving letter do not have any format so if you some how get the letter than also HR might make letter which is of no use. Same time your PE check will also be negative.
Can I take any legal action for the same?
According to me, your case is in not so strong so it is not advisable to go to court. Legal action is not only time consuming but costly also.
It will be better if you go and request your boss and reporting manager to do something for you. You should learn from this instant and never do such things in life other wise you will invite trouble for yourself.
Try for new job there are lot’s of opportunity in market. You will get your share…. Best of Luck.
<link no longer exists - removed>
White Eagle
From India, Hyderabad
First of all, you should not have run from the job. You can no way justify your action, suddenly disappearing from the orgnisation without giving any notice and handover. It is not only legally but also morally and ethically wrong. In your case, it seems that in your past organization record you are absconding. Even if you had given resignation letter it was not accepted by management and (hope) you are not having resignation acceptation letter so practically it is null and void.
Now coming directly to your questions: Can a company legally hold 1-month salary or Relieving letter?
Ideally, company should not hold salary of employee but in your case, you had left the organization so you should pay to company. Absconding employee do not have any right to ask for salary. Mostly relieving letter is for employees who are properly exit from the organization. If I am not wrong relieving letter do not have any format so if you some how get the letter than also HR might make letter which is of no use. Same time your PE check will also be negative.
Can I take any legal action for the same?
According to me, your case is in not so strong so it is not advisable to go to court. Legal action is not only time consuming but costly also.
It will be better if you go and request your boss and reporting manager to do something for you. You should learn from this instant and never do such things in life other wise you will invite trouble for yourself.
Try for new job there are lot’s of opportunity in market. You will get your share…. Best of Luck.
<link no longer exists - removed>
White Eagle
From India, Hyderabad
Hi
I sent a resignation email to the ex-employer to which he even replied for notice period. That is a very small company of thirty people with no policies. I agreed that I should have served proper notice but I have seen many cases when they screwed up the employees even after serving the notice period also. I had an emergency so I resigned without notice.
I asked them for releiving and not for whole month salary. I resigned just 1 day before salary was to be credited in my account. Since I didn't served the notice so I did not demanded even salary in lieu of notice(though it was of 15 days). When I request them for releiving they told me to write an email on which they replied I have been absent. I have the email of resignation with their reply in my mail box. So their is not way of absconding. Now they are screwing me so at least I can ask for salary as I worked for 1 month.
Please tell me if I am still doing wrong.
Regards
Rashee
From India, Delhi
I sent a resignation email to the ex-employer to which he even replied for notice period. That is a very small company of thirty people with no policies. I agreed that I should have served proper notice but I have seen many cases when they screwed up the employees even after serving the notice period also. I had an emergency so I resigned without notice.
I asked them for releiving and not for whole month salary. I resigned just 1 day before salary was to be credited in my account. Since I didn't served the notice so I did not demanded even salary in lieu of notice(though it was of 15 days). When I request them for releiving they told me to write an email on which they replied I have been absent. I have the email of resignation with their reply in my mail box. So their is not way of absconding. Now they are screwing me so at least I can ask for salary as I worked for 1 month.
Please tell me if I am still doing wrong.
Regards
Rashee
From India, Delhi
Hi
Thanks for replying.
I sent a resignation email to the ex-employer to which he even replied for notice period. That is a very small company of thirty people with no policies. I agreed that I should have served proper notice but I have seen many cases when they screwed up the employees even after serving the notice period also. I had an emergency so I resigned without notice.
I asked them for releiving and not for whole month salary. I resigned just 1 day before salary was to be credited in my account. Since I didn't served the notice so I did not demanded even salary in lieu of notice(though it was of 15 days). When I request them for releiving they told me to write an email on which they replied I have been absent. I have the email of resignation with their reply in my mail box. So their is not way of absconding. Now they are screwing me so at least I can ask for salary as I worked for 1 month.
Please tell me if I am still doing wrong.
Regards
Rashee
From India, Delhi
Thanks for replying.
I sent a resignation email to the ex-employer to which he even replied for notice period. That is a very small company of thirty people with no policies. I agreed that I should have served proper notice but I have seen many cases when they screwed up the employees even after serving the notice period also. I had an emergency so I resigned without notice.
I asked them for releiving and not for whole month salary. I resigned just 1 day before salary was to be credited in my account. Since I didn't served the notice so I did not demanded even salary in lieu of notice(though it was of 15 days). When I request them for releiving they told me to write an email on which they replied I have been absent. I have the email of resignation with their reply in my mail box. So their is not way of absconding. Now they are screwing me so at least I can ask for salary as I worked for 1 month.
Please tell me if I am still doing wrong.
Regards
Rashee
<image no longer exists>
From India, Delhi
Dear HR Department ;
This is bring to your kind notice that ; I just received a call from - Managing Director xyz & he was threatening me in very unprofessional way... Call Details has been mentioned as below.
Screen Shot of the Received Call is Attached ...
During the call he discussed below mentioned points ..
1. He told why I have send the bills to Mr. fff for the food given to xxx guests at Hotel xxx. The food was prepared by xxx Hotel and he was shouting at me in a very socialized way and told me that he will do something wrong with me in next 2,3 days...
2. He also shouted at me by saying that he is not going to pay any salary or certificates to me of my working with xxxx
3. The call was very warm and his tone was not healthy ; Since he has terminated me for no reason also when I ask to know the cause of termination he was Annoying badly... whereas the official working with the company I.e. mails ; colletrals ; followups and printed business cards for both companies ( xxxx ) still available with me..
4. The reason of giving bills to Mr.xxxx is just because he wish to see the bills. He was talking very well to me.
Since I am out of station; and reaching back to nearby at my relative home at Bahadurgarh; Haryana So that I am informing on immediate basis to you. Will also inform to further authorities once I will back to town.
Dear Ms
Greetings of the day !!!
This is with reference to my several calls & discussions with the management, Also my written requests for proceeding the clearance further so that I can go ahead with some new assignments. I have been not hearing anything from you since the day I given handover and sent the notification of my job relieving. I already informed the due to not considering my request and proceeding the clearance on requested period I have lost some of my job opportunities and till now I have not even given any documents from company regarding my relieving and even liable dues/salaries. However I am still waiting for the same & request you to kindly treat this mail as very urgent .
Since you already aware that due to sudden notification /information to stop my duties at xxx from the position of General Manager – Sales , I have to face immediate unemployment and when I am trying to settle the new assignment , I am not able to present my relieving letters .. However I will try to attach this request letter with my forthcoming job applications to justify myself with management but Still I request you to kindly process the clearance & salaries so that I can move further with good memories.
It’s quite urgent because my family is also depend on me & I have a responsible to drive the same. Your meaningful reply would be highly appreciated…
Looking forward to hear from you on the same…
CC : Managing Director's Office
Thanking you !!
>
>
> Dear HR ,
>
> Greetings of the Day !!
>
> This us with reference to my meeting with our respected MD - Mr. md at Gurgaon on 01.08.15 when I reported on duty after two days leave ... I have been discussed and informed that management want to terminate my employment and no more want to continue my services . As keeping the respect of higher authorities I have duly accepted the termination of my work and I am separated from the company with effect from today 03.08.15 ... I have done all my business follow-up on 01st Aug and informed to our Respected MD Sir.
>
> I have also handed over Gurgaon Office Key and My Official Number SIM Card
>
> My Official email I'd xxxx in was already blocked on 31st on July 15; As informed in my previous mail.
>
> I have really enjoyed small period of working with xxxx from 4.05.15 till 31st July 2015,
>
> I wish and prey for all the success for the company in future ... I request you to kindly process my clearance so that I can Join my new job responsibilities with some other organizations ..
>
> I request you to kindly treat this as urgent so that I can go further in my future Endeavours.
>
> Your revert on the same will be highly appreciated.
>
> Cc : Respected MD's Office
>
PLZ ADVISE WHAT MAIL I NEED TO COMMUNICATE
From India, Faridabad
This is bring to your kind notice that ; I just received a call from - Managing Director xyz & he was threatening me in very unprofessional way... Call Details has been mentioned as below.
Screen Shot of the Received Call is Attached ...
During the call he discussed below mentioned points ..
1. He told why I have send the bills to Mr. fff for the food given to xxx guests at Hotel xxx. The food was prepared by xxx Hotel and he was shouting at me in a very socialized way and told me that he will do something wrong with me in next 2,3 days...
2. He also shouted at me by saying that he is not going to pay any salary or certificates to me of my working with xxxx
3. The call was very warm and his tone was not healthy ; Since he has terminated me for no reason also when I ask to know the cause of termination he was Annoying badly... whereas the official working with the company I.e. mails ; colletrals ; followups and printed business cards for both companies ( xxxx ) still available with me..
4. The reason of giving bills to Mr.xxxx is just because he wish to see the bills. He was talking very well to me.
Since I am out of station; and reaching back to nearby at my relative home at Bahadurgarh; Haryana So that I am informing on immediate basis to you. Will also inform to further authorities once I will back to town.
Dear Ms
Greetings of the day !!!
This is with reference to my several calls & discussions with the management, Also my written requests for proceeding the clearance further so that I can go ahead with some new assignments. I have been not hearing anything from you since the day I given handover and sent the notification of my job relieving. I already informed the due to not considering my request and proceeding the clearance on requested period I have lost some of my job opportunities and till now I have not even given any documents from company regarding my relieving and even liable dues/salaries. However I am still waiting for the same & request you to kindly treat this mail as very urgent .
Since you already aware that due to sudden notification /information to stop my duties at xxx from the position of General Manager – Sales , I have to face immediate unemployment and when I am trying to settle the new assignment , I am not able to present my relieving letters .. However I will try to attach this request letter with my forthcoming job applications to justify myself with management but Still I request you to kindly process the clearance & salaries so that I can move further with good memories.
It’s quite urgent because my family is also depend on me & I have a responsible to drive the same. Your meaningful reply would be highly appreciated…
Looking forward to hear from you on the same…
CC : Managing Director's Office
Thanking you !!
>
>
> Dear HR ,
>
> Greetings of the Day !!
>
> This us with reference to my meeting with our respected MD - Mr. md at Gurgaon on 01.08.15 when I reported on duty after two days leave ... I have been discussed and informed that management want to terminate my employment and no more want to continue my services . As keeping the respect of higher authorities I have duly accepted the termination of my work and I am separated from the company with effect from today 03.08.15 ... I have done all my business follow-up on 01st Aug and informed to our Respected MD Sir.
>
> I have also handed over Gurgaon Office Key and My Official Number SIM Card
>
> My Official email I'd xxxx in was already blocked on 31st on July 15; As informed in my previous mail.
>
> I have really enjoyed small period of working with xxxx from 4.05.15 till 31st July 2015,
>
> I wish and prey for all the success for the company in future ... I request you to kindly process my clearance so that I can Join my new job responsibilities with some other organizations ..
>
> I request you to kindly treat this as urgent so that I can go further in my future Endeavours.
>
> Your revert on the same will be highly appreciated.
>
> Cc : Respected MD's Office
>
PLZ ADVISE WHAT MAIL I NEED TO COMMUNICATE
From India, Faridabad
Hi
Hi team
I am in a very big problem
I was with American Express and resigned from there on 11/05/2016 and I got my salary on 25/05/2016 and then on 24/05/2016 which I thought was my full and final from the company.
Now today I called my company to give my relieving letter as I had to join another company and the payroll team told me that the amount which was sent on 24/06/2016 was incorrectly sent to you. Now pay that 50000 rps back and only then you can get your relieving letter.
The problem is I was not aware about this and they never contacted me or bank about the same.
I can't pay this huge amount.. what to do. Please help. M getting depressed coz of this
From India, New Delhi
Hi team
I am in a very big problem
I was with American Express and resigned from there on 11/05/2016 and I got my salary on 25/05/2016 and then on 24/05/2016 which I thought was my full and final from the company.
Now today I called my company to give my relieving letter as I had to join another company and the payroll team told me that the amount which was sent on 24/06/2016 was incorrectly sent to you. Now pay that 50000 rps back and only then you can get your relieving letter.
The problem is I was not aware about this and they never contacted me or bank about the same.
I can't pay this huge amount.. what to do. Please help. M getting depressed coz of this
From India, New Delhi
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