I have completed my notice period of one month. On last day, the hr came with a document that i had to sign, which stated that I am ok to wait for 180 days for my F&F. As this was not mentioned to me in my original contract, and as such, against the law, i refused to sign. The HR will not give my relieving letter until i do so. I will need to submit a relieving letter to my new employer, but since my hr unwilling to formally release me, what do i do?
From India, Bengaluru
From India, Bengaluru
Violation of contract by either is an offence..but in ur contract by laws...verify if there is any clause ..ur appointment conditions might be amended by the company and it is having all rights..
However. Breach of any contract attracts Indian penal code..Approach with a lawyer notice instead of wasting time with labour dept...which is filled with uncommitted officials.
From India, Nellore
68However. Breach of any contract attracts Indian penal code..Approach with a lawyer notice instead of wasting time with labour dept...which is filled with uncommitted officials.
From India, Nellore
What the company is doing is wrong.
Company cannot unilaterally amend terms of employment.
You may have to approach Labour department with this problem.
Employers have been devising endless number of ways to safeguard their interest and transfer the onus on employees and block their relieving and payment of dues by making employees wait for legitimate dues.
Waiting for 180 days is absolutely not in order.
From India, Pune
Company cannot unilaterally amend terms of employment.
You may have to approach Labour department with this problem.
Employers have been devising endless number of ways to safeguard their interest and transfer the onus on employees and block their relieving and payment of dues by making employees wait for legitimate dues.
Waiting for 180 days is absolutely not in order.
From India, Pune
Dear colleague,
You may like to take following actions:
1 . Write a strong letter to your MD about the unjust and unilateral conditions put by HR in giving you relieving letter and F&F settlement.Demand the settlement of dues and relieving letter in the next 3 days or else you will be constrained to go
to press and take legal action at company's cost and consequences.
2 In the meantime simultaneously, explore the possibility of joining the new company by explaining the facts about inability to produce relieving letter for no fault of yours at this stage and assuring them to produce it when received later.
3. I believe, unless you react strongly, the company won't bend . I am only suggesting one of the ways unless you come across better options.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
You may like to take following actions:
1 . Write a strong letter to your MD about the unjust and unilateral conditions put by HR in giving you relieving letter and F&F settlement.Demand the settlement of dues and relieving letter in the next 3 days or else you will be constrained to go
to press and take legal action at company's cost and consequences.
2 In the meantime simultaneously, explore the possibility of joining the new company by explaining the facts about inability to produce relieving letter for no fault of yours at this stage and assuring them to produce it when received later.
3. I believe, unless you react strongly, the company won't bend . I am only suggesting one of the ways unless you come across better options.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
The action of your HR is wrong. What else you can do? Would you tell what and on which heads your settlement of F&F to be done.
You need to decide which one is your priority i.e. to join the new job or instant settlement of F&F ?
Is your new employer ready to accept or give joining without the relieving letter ? If yes, you resume the job first, then go for a legal fight against the previous employer for not paying you the F&F. You can approach to Labour department if they can extend any help in this regard or any good lawer dealing the labour cases for this problem.
From India, Mumbai
You need to decide which one is your priority i.e. to join the new job or instant settlement of F&F ?
Is your new employer ready to accept or give joining without the relieving letter ? If yes, you resume the job first, then go for a legal fight against the previous employer for not paying you the F&F. You can approach to Labour department if they can extend any help in this regard or any good lawer dealing the labour cases for this problem.
From India, Mumbai
Dear Friend,
1. Timelines for the payment of Full n Final settlement is not part of terms and conditions of employment, however, since it's a moral and legal responsibility of they are under obligation to make the payment within reasonable time.
2. In case of an employee who has resigned it is nowhere defined in any law as to when and how fast the FnF payment has to be made. I personally know many renowned big companies do not bother to make the payment for 6/8/10/12 months. These companies do not bother about impact of such behaviour on its reputation. They are aware that there is a large scale unemployment so people are easily available.
3. First check with HR if you do not sign what are the consequences. If they say that they will not issue your RL, approach HR Head and if he is also of the same opinion, meet CEO and inform him about the case. If you get the solution then its win win. In case the matter is not sorted out as per your expectations then read below.
3. Here is what I thought you can do :-
a. Sign the document and collect your relieving letter.
b. Since you have not disclosed the industry you are working in, I am presuming that they do not
do background check, as the document you have signed does not have a legal sanctity, you can
withdraw that undertaking by sending a letter to them claiming that it was signed under threat
and coercion of holding back the RL. Get the letter drafted by some good advocate who handles
service matters.
c. Please ensure that you get good background verification hence move accordingly.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
1. Timelines for the payment of Full n Final settlement is not part of terms and conditions of employment, however, since it's a moral and legal responsibility of they are under obligation to make the payment within reasonable time.
2. In case of an employee who has resigned it is nowhere defined in any law as to when and how fast the FnF payment has to be made. I personally know many renowned big companies do not bother to make the payment for 6/8/10/12 months. These companies do not bother about impact of such behaviour on its reputation. They are aware that there is a large scale unemployment so people are easily available.
3. First check with HR if you do not sign what are the consequences. If they say that they will not issue your RL, approach HR Head and if he is also of the same opinion, meet CEO and inform him about the case. If you get the solution then its win win. In case the matter is not sorted out as per your expectations then read below.
3. Here is what I thought you can do :-
a. Sign the document and collect your relieving letter.
b. Since you have not disclosed the industry you are working in, I am presuming that they do not
do background check, as the document you have signed does not have a legal sanctity, you can
withdraw that undertaking by sending a letter to them claiming that it was signed under threat
and coercion of holding back the RL. Get the letter drafted by some good advocate who handles
service matters.
c. Please ensure that you get good background verification hence move accordingly.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
The HR might be a fresher or was guided by someone that is the reason he asked for the Signature. Any Hr will not take a signature for processing FNF for a certain period instead will tell you by voice or email that your FNF will be done within 15-45 days as per Company policies not beyond this much time frame.
May be was asking for sign in the Resignation form but not time period for FNF. Have you read properly.?
If it was as you said then you can reach your HR Head and settle your FNF. Reaching LO at the time of Joining New company is not recommended for u. Just you can reach them back again understand and request.
From India, Hyderabad
May be was asking for sign in the Resignation form but not time period for FNF. Have you read properly.?
If it was as you said then you can reach your HR Head and settle your FNF. Reaching LO at the time of Joining New company is not recommended for u. Just you can reach them back again understand and request.
From India, Hyderabad
Dear Friend,
Speak to the Head of HR or his boss on the issue. Making sign a document which is altogether illogical/unacceptable is absurdity.
No where the final settlement takes that long,it can be maximum one month.
If things do not work at the Head HR's version give an email to the boss stating the facts.
Inform your present company for the delay and seek some time in providing the documents.
From India, Hyderabad
Speak to the Head of HR or his boss on the issue. Making sign a document which is altogether illogical/unacceptable is absurdity.
No where the final settlement takes that long,it can be maximum one month.
If things do not work at the Head HR's version give an email to the boss stating the facts.
Inform your present company for the delay and seek some time in providing the documents.
From India, Hyderabad
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