At the time of retirement, I had some pending paperwork and files that were verbally handed over to the person appointed in my place. It is to be noted that there was no service condition to hand over my responsibilities in writing. The company also did not raise any objections before my retirement and let me retire normally. Furthermore, during my entire service period, I was never issued any show-cause letter or charge sheet for my performance. Can the company now take any legal action against me for pending work after my retirement?
From India, Kolkata
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From India, Kolkata
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Have you received your service certificate from your ex-employer? Have you received your Full & Final settlement dues, including statutory dues? If yes, you need not worry.
Even otherwise, no company can take legal action against any ex-employee who has already been relieved from duty.
From India, Aizawl
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699Even otherwise, no company can take legal action against any ex-employee who has already been relieved from duty.
From India, Aizawl
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Dear Madam,
What Mr. Nair has mentioned is absolutely right if you have already received your full and final settlement. Enjoy your retirement life peacefully.
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531
USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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What Mr. Nair has mentioned is absolutely right if you have already received your full and final settlement. Enjoy your retirement life peacefully.
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531
From India, New Delhi
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There is a classical saying that 'a washerman can never go to Kashi after washing off all clothes' as he gets more clothes to wash every time the current bunch of clothes is finished washing. Similarly, one cannot retire after finishing all work; always new work will arise.
The question is whether you have handed over the charge to the new incumbent and he or she has taken charge. The continuity is maintained or not. If you have been relieved already, then there is nothing to worry about.
An action can lie against an ex-employee if any of the company property is retained by the ex-employee. Even for that, a notice is required to be given. I presume no such notice has been given; probably you are procrastinating too much. Is it that your terminal benefits are held up?
From India, Mumbai
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The question is whether you have handed over the charge to the new incumbent and he or she has taken charge. The continuity is maintained or not. If you have been relieved already, then there is nothing to worry about.
An action can lie against an ex-employee if any of the company property is retained by the ex-employee. Even for that, a notice is required to be given. I presume no such notice has been given; probably you are procrastinating too much. Is it that your terminal benefits are held up?
From India, Mumbai
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Hello Shampa Ray;
We develop a habit of mixing things unrelated to each other. Your worry is can the company take action for pending work after retirement. There is no question of your clean past record. The company should not have relieved you before all pending work is through. Even then, there is such a world of work that no one can list 100% work. Hence, we find the word 'such' at the end of any definition. The employee has an equal duty to hand over and complete work before retirement. The employer may have derelicted, but the employee should not refuse to cooperate. The company which has accommodated you for years together certainly deserves your cooperation even after retirement.
Furthermore, if it was embezzling funds, responsibility is lifelong. If it is suppression of some facts, responsibility is lifelong. It may not be for petty matters, but for an important matter, the company can certainly ask the incumbent at that time. The new incumbent will say he is not concerned, and the ex-employee will say, "I have retired." Why should the employer suffer?
Vibhakar Ramtirthkar.
From India, Pune
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We develop a habit of mixing things unrelated to each other. Your worry is can the company take action for pending work after retirement. There is no question of your clean past record. The company should not have relieved you before all pending work is through. Even then, there is such a world of work that no one can list 100% work. Hence, we find the word 'such' at the end of any definition. The employee has an equal duty to hand over and complete work before retirement. The employer may have derelicted, but the employee should not refuse to cooperate. The company which has accommodated you for years together certainly deserves your cooperation even after retirement.
Furthermore, if it was embezzling funds, responsibility is lifelong. If it is suppression of some facts, responsibility is lifelong. It may not be for petty matters, but for an important matter, the company can certainly ask the incumbent at that time. The new incumbent will say he is not concerned, and the ex-employee will say, "I have retired." Why should the employer suffer?
Vibhakar Ramtirthkar.
From India, Pune
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