Greetings!
If an employee submits their resignation properly and has also served the proper notice period of 2 months, but the employer refuses to relieve him/her and delays the process, the following points need to be noted:
1. The employee served a notice period of 2 months instead of one month, provided full training to the newly joined staff, and properly handed over their responsibilities as per the terms and conditions stated in the appointment letter.
2. Management intended to conduct an exit interview with the candidate but has postponed and rescheduled it almost 10 times without conducting it yet.
3. Finally, the employee took a 4-day leave permission and refused to return.
4. I believe the candidate has fulfilled all the conditions specified in the appointment letter. If the employer sends a legal notice, what should the candidate do?
Please suggest.
From India, Coimbatore
Acknowledge(0)
Amend(0)
If an employee submits their resignation properly and has also served the proper notice period of 2 months, but the employer refuses to relieve him/her and delays the process, the following points need to be noted:
1. The employee served a notice period of 2 months instead of one month, provided full training to the newly joined staff, and properly handed over their responsibilities as per the terms and conditions stated in the appointment letter.
2. Management intended to conduct an exit interview with the candidate but has postponed and rescheduled it almost 10 times without conducting it yet.
3. Finally, the employee took a 4-day leave permission and refused to return.
4. I believe the candidate has fulfilled all the conditions specified in the appointment letter. If the employer sends a legal notice, what should the candidate do?
Please suggest.
From India, Coimbatore
Acknowledge(0)Amend(0)
It is better for the employee to send a legal notice to the employer to provide official relieving orders, experience certificates, etc., effective from the date the employee left the organization on his own after duly fulfilling the notice conditions and other requirements as a preemptive measure.
From India, Salem
Acknowledge(0)Amend(0)
6185From India, Salem
Acknowledge(0)Amend(0)
Dear Colleague,
The employee has done his duty perfectly by fulfilling the notice period clause and serving the notice period. However, the employer has not relieved him yet. In this case, the employee may document that he had no company property in his custody, served the notice period, and trained the employee who took charge in his place. It is important to note that the relieving order and the Full and Final (F&F) settlement have not been completed by the Organization, etc. It is advisable to send an official letter by Registered post and keep a copy. In the letter, you may also request the employer to send the Relieving order, Experience certificate, and F&F settlement. It is recommended to send one or two reminders and emails as well to have a record. If there is no response, then sending a legal notice may be necessary.
It is unfair when an employee does their best for an exit, and it should be respected. Unfortunately, in such matters, our legal system is yet to improve to provide a solution. However, if there is not much progress in the subject and if the employee falls under the category of "Workmen" under the ID Act 1947, then a dispute can be raised for F&F settlement and other matters before the Conciliation Officer under the ID Act.
From India, Chennai
Acknowledge(0)Amend(0)
The employee has done his duty perfectly by fulfilling the notice period clause and serving the notice period. However, the employer has not relieved him yet. In this case, the employee may document that he had no company property in his custody, served the notice period, and trained the employee who took charge in his place. It is important to note that the relieving order and the Full and Final (F&F) settlement have not been completed by the Organization, etc. It is advisable to send an official letter by Registered post and keep a copy. In the letter, you may also request the employer to send the Relieving order, Experience certificate, and F&F settlement. It is recommended to send one or two reminders and emails as well to have a record. If there is no response, then sending a legal notice may be necessary.
It is unfair when an employee does their best for an exit, and it should be respected. Unfortunately, in such matters, our legal system is yet to improve to provide a solution. However, if there is not much progress in the subject and if the employee falls under the category of "Workmen" under the ID Act 1947, then a dispute can be raised for F&F settlement and other matters before the Conciliation Officer under the ID Act.
From India, Chennai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.