Complaint course:
Resigned from Franchise India Holdings Ltd. as Senior Sales Manager - Exhibitions, Charmswood Office on 12th March 2017 and post discussions my last day of work I put out to be 15th March 2017. In the meantime, I completed all my formalities of complete handover and document submission. Also, as per the directions and company policy, I got all the NOC's signed from various departments that comprehended that I owe nothing to the company and all formalities were said and done.
Also, despite completing all the requirements by 15th March, I didn't receive any acceptance on my resignation and had to followup on personal emails and HR and finally received it on the 21st March. So officially i was relieved on 21st March, which the organization doesn't accept. Also, no mention of serving notice period was provided as the whole point of relieving in short notice was early relieving.
Following points that i have put forward to the HR of Franchise India as well :
1. Acceptance on resignation, where smooth exit transition and complete handover was mentioned. The management was Ok on my early relieving and hence did not mention anything at that moment in regards to serving the notice period.Received acceptance 9 days later my original mail to resign. All the Emails had the management and HR in loop.
2. Had personally whatsapped the HR, Sunita Sinha, if any prerequisites were pending. Didn't get a reply or an update to serve notice period on that too.
3. Received FORM 16 and was in touch with HR even after acceptance, even then there was no issue or Red flag was raised.
4. Finally, last month in September 2019, when I connected with the HR of the company was I asked to pay against non-service of notice period which made no sense to me.
5. Required the service letter for my future employer who is now on the verge of cancelling my offer letter due to my inability to present an experience letter. Hence, Franchise India is also playing with the lives of employees and their right to work in India.
6. The company doesn't provide PF and doesn't allow paid leaves and no double pay to work on holidays.
7. Its been already 10 days of continuous followup and finally when
and 
were kept in the loop the HR finally shared the FNF amount that I have to pay without considering all the detailed communication that was provided to them.
This is a clear case when an employer can ruin the lives of employees just because they can. This has lead to a lot of depression and mental agony.
Also i might even lose my job offer given my future employer has strict BGV and requires a relieving letter to go ahead. ( They already have all my mails and resignation and offer letter from this organization , yet it doesnt suffice their requirement.)
I will be attaching the complete mailed communication with the company for you to look into.
Please suggest how to legally take it ahead as i have tried all means possible to get to an amicable solution.
Thanks
From India, New Delhi
Resigned from Franchise India Holdings Ltd. as Senior Sales Manager - Exhibitions, Charmswood Office on 12th March 2017 and post discussions my last day of work I put out to be 15th March 2017. In the meantime, I completed all my formalities of complete handover and document submission. Also, as per the directions and company policy, I got all the NOC's signed from various departments that comprehended that I owe nothing to the company and all formalities were said and done.
Also, despite completing all the requirements by 15th March, I didn't receive any acceptance on my resignation and had to followup on personal emails and HR and finally received it on the 21st March. So officially i was relieved on 21st March, which the organization doesn't accept. Also, no mention of serving notice period was provided as the whole point of relieving in short notice was early relieving.
Following points that i have put forward to the HR of Franchise India as well :
1. Acceptance on resignation, where smooth exit transition and complete handover was mentioned. The management was Ok on my early relieving and hence did not mention anything at that moment in regards to serving the notice period.Received acceptance 9 days later my original mail to resign. All the Emails had the management and HR in loop.
2. Had personally whatsapped the HR, Sunita Sinha, if any prerequisites were pending. Didn't get a reply or an update to serve notice period on that too.
3. Received FORM 16 and was in touch with HR even after acceptance, even then there was no issue or Red flag was raised.
4. Finally, last month in September 2019, when I connected with the HR of the company was I asked to pay against non-service of notice period which made no sense to me.
5. Required the service letter for my future employer who is now on the verge of cancelling my offer letter due to my inability to present an experience letter. Hence, Franchise India is also playing with the lives of employees and their right to work in India.
6. The company doesn't provide PF and doesn't allow paid leaves and no double pay to work on holidays.
7. Its been already 10 days of continuous followup and finally when
This is a clear case when an employer can ruin the lives of employees just because they can. This has lead to a lot of depression and mental agony.
Also i might even lose my job offer given my future employer has strict BGV and requires a relieving letter to go ahead. ( They already have all my mails and resignation and offer letter from this organization , yet it doesnt suffice their requirement.)
I will be attaching the complete mailed communication with the company for you to look into.
Please suggest how to legally take it ahead as i have tried all means possible to get to an amicable solution.
Thanks
From India, New Delhi
The poster has leveled several allegations on the part of his previous organization. Most of them relate to the delays caused in the process of the acceptance of his resignation and settlement of his F&F about which no further action could be in place otherwise passing a negative criticism. Therefore, the only point remains debatable seems to be that of the legality of refusal on the part of an employer to issue an experience certificate to an exiting employee. Documents in the possession of the individual such as letter of appointment, salary slips or Bank pass book entries, acceptance of resignation, relieving orders or statement of F&F Settlement etc., would stand sufficient evidence of one's past employment under a particular employer and it's duration. Therefore, my opinion is that unless it is provided for so in the service regulations or the contract of employment, a past employee cannot legally stake any claim for experience certificate against his ex employer.
From India, Salem
6018From India, Salem
Thank you for the reply. I have attached all the screenshots and mail communication that stand my case, Also, can you guide me on how to deal in this scenario as i feel cheated by my ex employer and my future employment is at stake.
From India, New Delhi
From India, New Delhi
The only comeback or argument from their end is that i didnot serve notice period and that as per the offer letter it must be done. Can they withold my relieving just on that ground?
Cause i made numerous attempts to convey why it should be waived off based on resignation acceptance, complete handover, getting NOC's signed by all the departments and my personal communications with the HR on whatsapp during resignation.
Never did any authority during this period of resignation bother to come and discuss this matter.
From India, New Delhi
Cause i made numerous attempts to convey why it should be waived off based on resignation acceptance, complete handover, getting NOC's signed by all the departments and my personal communications with the HR on whatsapp during resignation.
Never did any authority during this period of resignation bother to come and discuss this matter.
From India, New Delhi
Dear friend,
All the e-documents uploaded indicate the entire communication between the management and yourself regarding the request for "service letter" among many other things. It is discernible that you were specifically asked to pay a sum of Rs.42,145-00 towards unserved notice period of 25 days [ I've my own doubts about the accuracy of the calculation as it is mentioned that you worked for 16 days in March,2018 w.r.t the last working date mentioned therein] in the mail dt 30-09-2019 of the HR. But it appears that still you have not remitted the amount. So no use of harping on your own points of objection.
I think that it would not be right on your part to question the reimbursement of notice salary now as it is said to have been mentioned in the appointment letter. If you can appreciate the concept of notice clause in any contract of employment, you will understand that its main objective is not reimbursement but giving some time to look out for replacement. You know that there are employers who never accept buy-out as an option for immediate exit.
Under these circumstances my suggestion to you would be to pay the notice due and get the previous employment documents required and not to precipitate things
From India, Salem
All the e-documents uploaded indicate the entire communication between the management and yourself regarding the request for "service letter" among many other things. It is discernible that you were specifically asked to pay a sum of Rs.42,145-00 towards unserved notice period of 25 days [ I've my own doubts about the accuracy of the calculation as it is mentioned that you worked for 16 days in March,2018 w.r.t the last working date mentioned therein] in the mail dt 30-09-2019 of the HR. But it appears that still you have not remitted the amount. So no use of harping on your own points of objection.
I think that it would not be right on your part to question the reimbursement of notice salary now as it is said to have been mentioned in the appointment letter. If you can appreciate the concept of notice clause in any contract of employment, you will understand that its main objective is not reimbursement but giving some time to look out for replacement. You know that there are employers who never accept buy-out as an option for immediate exit.
Under these circumstances my suggestion to you would be to pay the notice due and get the previous employment documents required and not to precipitate things
From India, Salem
Dear Sir,
I undertsand where you coming from? Had it been a normal situation i would have asked my organization to buy out or would have served the notice period or even have paid the amount.
But the question is - isnt it forceful, when during these one and half years and even during my resignation there were no concerns. I hope you must have also gone through the WhatsApp screenshot where i very specifically asked the HR to check if any prerequisites were missing or something needs to be done.
The problem i am facing right now is that during resignation they obliged to early relieving. You would also see, they havent even come back to me on paid leaves and PF policies. I could have accomodated my paid leaves into it aswell.
Also, can an organization not provide paid leaves to its employees or not allow them to use their saved leaves during their exit?
In all mails i have been sent its only on 30th september that they provide me with a no to pay.
Is it not arm twisting ex employees?
Those 42k that they are asking are an employees hard earned money.
From India, New Delhi
I undertsand where you coming from? Had it been a normal situation i would have asked my organization to buy out or would have served the notice period or even have paid the amount.
But the question is - isnt it forceful, when during these one and half years and even during my resignation there were no concerns. I hope you must have also gone through the WhatsApp screenshot where i very specifically asked the HR to check if any prerequisites were missing or something needs to be done.
The problem i am facing right now is that during resignation they obliged to early relieving. You would also see, they havent even come back to me on paid leaves and PF policies. I could have accomodated my paid leaves into it aswell.
Also, can an organization not provide paid leaves to its employees or not allow them to use their saved leaves during their exit?
In all mails i have been sent its only on 30th september that they provide me with a no to pay.
Is it not arm twisting ex employees?
Those 42k that they are asking are an employees hard earned money.
From India, New Delhi
Also as per the HR, we dont have any privilege/Earned leaves? Is that legal? Can companies deny EL to employees?
From India, New Delhi
From India, New Delhi
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