Hello, I have resigned from my company, and the notice period was to serve for 2 months, but I had not served the notice period due to medical issues. So, HR said to me via email that "we decided to relieve you from your role on an immediate basis. However, as per the company policy, your full and final settlement, experience certificate, and relieving letter will be processed after two months."
So please suggest how I can obtain my full and final settlement and all documents from HR.
From India, Noida
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So please suggest how I can obtain my full and final settlement and all documents from HR.
From India, Noida
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Hi Richa,
It appears that you are not currently being relieved from the company. Due to medical issues, you are unable to continue working, so you are not required to come to work until your last official working date at the end of your notice period. Consequently, the relieving letter you receive after the two-month notice period should specify the duration for which you have been absent from work.
If you have already submitted a medical certificate confirming your inability to work during the notice period, you should inquire with the HR representative about any potential notice period recovery for the period that you are unable to serve as part of the notice period.
Please let me know if you need any further clarification or assistance.
Best regards,
[Your Name]
From India, Bengaluru
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61It appears that you are not currently being relieved from the company. Due to medical issues, you are unable to continue working, so you are not required to come to work until your last official working date at the end of your notice period. Consequently, the relieving letter you receive after the two-month notice period should specify the duration for which you have been absent from work.
If you have already submitted a medical certificate confirming your inability to work during the notice period, you should inquire with the HR representative about any potential notice period recovery for the period that you are unable to serve as part of the notice period.
Please let me know if you need any further clarification or assistance.
Best regards,
[Your Name]
From India, Bengaluru
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Dear Richa,
Of course, the opinion of our learned friend Nelson is correct in consonance with the principles of the notice clause in the contract of employment pertaining to resignation.
Let me also try to explain it - If fully served by the employee, the notice period is included in the total service rendered by him/her in the organization; here the expiry of the notice period and the day of actual relief are coincidental. In case the employee is unable to serve the notice period due to whatever reason and opts for a buy-out, which is accepted by the employer, OR the notice period is graciously waived by the employer due to reasons like the illness of the employee, the service of the employee in the organization comes to an end exactly on the very date of his relieving.
Therefore, first, it is not administratively necessary to issue the relieving orders after two months; second, considering the statutory time limits prescribed for the payment of employment dues on termination such as wages/salary due for the last spell of service, gratuity, and the like, two months is too long a period and the full and final settlement should be completed within 30 days from the date of relieving. Better, get it confirmed whether the employer is going to waive the notice period on medical grounds or intends to recover the salary for the notice period since you were relieved immediately. If their intention is to recover notice salary from you, better pay it forthwith to speed up the process of F&F Settlement.
From India, Salem
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Of course, the opinion of our learned friend Nelson is correct in consonance with the principles of the notice clause in the contract of employment pertaining to resignation.
Let me also try to explain it - If fully served by the employee, the notice period is included in the total service rendered by him/her in the organization; here the expiry of the notice period and the day of actual relief are coincidental. In case the employee is unable to serve the notice period due to whatever reason and opts for a buy-out, which is accepted by the employer, OR the notice period is graciously waived by the employer due to reasons like the illness of the employee, the service of the employee in the organization comes to an end exactly on the very date of his relieving.
Therefore, first, it is not administratively necessary to issue the relieving orders after two months; second, considering the statutory time limits prescribed for the payment of employment dues on termination such as wages/salary due for the last spell of service, gratuity, and the like, two months is too long a period and the full and final settlement should be completed within 30 days from the date of relieving. Better, get it confirmed whether the employer is going to waive the notice period on medical grounds or intends to recover the salary for the notice period since you were relieved immediately. If their intention is to recover notice salary from you, better pay it forthwith to speed up the process of F&F Settlement.
From India, Salem
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Actually, the problem is that they held my one-month salary for two months, and PF was not submitted from January to July. They were supposed to inform about this policy at the time of joining the company, but they never informed me before my resignation. Can I trust a policy that was not communicated to me during my joining period?
From India, Noida
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From India, Noida
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Dear Richa,
No employer can withhold the salary if you are working. Any policy that holds the payment of an employee who has worked is null if there are no advances or loans due, even if you are serving the notice period (this is based on my experience and understanding).
No policy can be later imposed on any employee if it is not under the appointment terms and conditions and is not mentioned in the Standing Orders, especially the Separation Clause.
Try to connect with HR/Management and submit your request in writing.
From India
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No employer can withhold the salary if you are working. Any policy that holds the payment of an employee who has worked is null if there are no advances or loans due, even if you are serving the notice period (this is based on my experience and understanding).
No policy can be later imposed on any employee if it is not under the appointment terms and conditions and is not mentioned in the Standing Orders, especially the Separation Clause.
Try to connect with HR/Management and submit your request in writing.
From India
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