Dear Sir To put up my case, I have joined ABC company on 26th July'12 and put my resignation mail on 29th July'17 stating that 4th of Aug'17 will be my last working day but during several meetings with HR and concerned person I did continue my services till 16th Aug'17 and put a final mail on records that 16th Aug will be my last working day and won't be able to continue my services afterwards and I have also enclosed my offer letter clause no 3.1 which states that employee can resign from services by giving 2 month notice in writing or payment of basic salary in lieu thereof and which is applicable for employer as well. Meanwhile on 21st Aug’17 I joined another company. Moreover no communication was done with me verbally or written afterwards from company side over to that mail and now to my surprise in my relieving letter 14th Sep'17 has been shown as the last working day. Unable to understand that when I was not serving organisation and which I have documented also why it has been shown in the relieving letter and basis of same FnF settlement has been done as I was not serving organisation how can I be compensated for that period. Need to rectify the releiving letter from ABC company as unnecessary case of dual employment is being made, Please guide.
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1) apply to company to rectify your relieving letter as you have resigned from company on 29th july 2017 and that last working date in company was 16th august 2017
2)mention that you had joined another company on 21st august and relieving letter wrongly mentions your last working day as 14 th september 2017
Sir, That is the issue, it was me who has put 16th Aug’17 as last working day on mail but they have neither approved nor they have reverted on that particular mail as they were adament after so many discussions that I have to serve 2 months notice period. No choice left with me then so I joined another company on 21st Aug. But from my side I have mentioned that 16th Aug will be my last working day. In my fnf statement they have also given compensation till 14th Septemeber, unable to understand when I was not with the company how come they have provided compensation for that period? Though I have applied in company to rectify the same but they are not entertaining at all. Pls help with the solution as whatever money they have given to me in fnf statement regarding that period can be taken back as I have not served for that period. Is legal is the last option as ultimately by anyhow I want to get it rectified on any cost. Also how much time will legal procedure take to rectify the issue?
clause no 3.1 which states that employee can resign from services by giving 2 month notice in writing or payment of basic salary in lieu thereof
2) it is at discretion of company to waive the notice period
3) in your case company has refused to waive notice period and not accepted 17th August 2017 as your last working day
4) since company has refused to accept 17th August 217 as your last working day you cannot forced company to do so
Sir as far as i can understand that you are getting worried about the excess compensation which you have received from your previous company, you have already done your part by writing to them that you have been paid for the period you were not working with them, write another letter following up the issue and also mention that in case they fail to answer to your query of excess compensation withing next 7 days, they will loose the right to take it back later.
when the company is not taking any legal action, there is no point for you to start it.
See in the case the company has not waived off the notice period and also provided compensation too you instead taking notice period amount from you so this is mistake from side of the company and due to there this mistake you have received partial gain and partial loss in terms of dual employment.
Now to your option serve the company with the legal notice stating that there is error reliving letter and to revert the compensation amount attach copy of the mail, now the short glitch in this is that the company has not accepted rejected your resignation neither you served complete notice period nor paid to company. So the company has considered your employment till 14 September.
On serving notice and you have already served a letter you are bonefide if company do not take steps file a civil suit for correction in relieving letter to avoid dual employment further if the present employer has no problem i dont think going in that issue is necessary keep the copy of notice and letter and mail for record.
1. You can make a demand draft in favour of your ex employer for the excess money paid after 16.8.17 and send that under a covering letter stating the fact that you had duly informed the company in writing that 16 8.17 will be your last working day
2. You may be a little adventurous and also intimate about this to your new employer
3. This is to show that you are honest and it's not that you were serving your earlier organization while at same time being under employment of new company, as is sought to be made out by your ex employer
Dear client,
You can serve a legal notice to your ex-employer asking them to rectify the date of relieving in the relieving letter, which is wrongly mentioned as 14 September, which could be due to a technical glitch. You would also need to return the amount, for the days you were not employed with your ex-.employer i.e. 16.08 2017 till 14.09.2017 by way of DD to show your bonafide.
If your ex-employer doesnt no the needful within 15 days, you can file a civil suit against your ex-employer for rectification
Feel Free to call.
Did the company pay you salary till 16 August?
Firslty, I advice you to put up a written representation to the company regarding the rectification of the same.
Secondly, if they deny to do the same then you may also go before the labour court for the rectification of the same giving all the details of your joining with another company in August.
Thirdly, but yes you rightly said that they might ask you for the salary in lieu of not serving the notice period.
But yes first get it rectified then would give answer to them for not serving the notice period after knowing some points from your side, so that same can be used against them.
Rest you are welcome to take any assistance in future.
Since you have documentary evidences of the last working date with the previous company, you can very well writ to the previous company about the discrepancy in the relieving letter and erroneous settlement of excess amount in the F&F settlement.
You should demand to issue a fresh relieving letter with the actual date you got relieved.
You can send this communication by registered post.
You will get response, if not you may plan to escalate the matter through legal process.
Legal step is to first issue a legal notice to the company but before that you should exhaust the remedy by writing to the top management/MD about this, sek his/her personal intervention for relief and remedy desired.
If there is no response then you may plan to first issue a legal notice and then file a case in this regard before appropriate forum