Manager - HR - I have given resignation
7 months ago
Hi, I have given resignation on 18th August 2023 & asked to relieve on 17th October 2023 after serving 2 months notice period & requested the management to waive off 1 month notice period. The same has been approved by the management. Meanwhile, I have been told by the management (MD) that he will initiate the recovery against me (to harass) and asked about my documents of promotions which was done in 2019 along with other 177 employees. He said that he will not do the F&F and he need to see the same and may be recover the full amount given on promotion and then the later impact on my salary. Since I have still one month, what should i do to avoid any major problem? also, is there any evidence or documents i need to generate in between like asking for relieving certificate, F&F details, etc. so that later on it will help in case i have to go for legal action. Also, i want to know that for hoe much time employer can hold my experience certificate & F&F settlements.
Request the release of your relieving letter before a specific date.
Mention your date of transfer and employee ID.
Specify the status of your exit formalities.
Highlight your last date of work at the current branch.
Keep the request mail crisp and to-the-point.
Under the Act, employers are required to disburse Full and Final Settlements within a specific timeframe, typically within seven to ten days from the last working day.
Once you tender your resignation from the Company following the terms of the offer letter and now serving a notice period, a part of which was waived by the management. So, on completion of the notice period, the relationship between you and the Company is automatically seized and on cessation of employment, the Company is dutybound to process your relieving letter and F & F Dues and can not withhold your service-linked benefits outrightly. Such an arbitrary and unethical action on the part of the Company will be termed as victimization of an employee with ulterior motives and unfair labour practices that deserve litigation to resolve the grievance. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the Company for victimization with ulterior motives and unfair labour practices before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class/sector of establishment you belong to. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F settlement dues from your employer. Otherwise, you have to file a civil suit against the company for recovery of your dues and appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
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