AboutUmesh Chaudhary Expertise Any question related to Human Resources especially in performance management, recruitment proceses, employer retention strategies, motivation, compensation and benefits, planning etc.
I am also answering questions falling under employment law.
Experience 10 plus years in Human Resources
Organizations One of the company listed in Fortune 500
Education/Credentials MBA (HR), M.Phil (HR).
Did various certificates courses and diploma in Human Resources, also attended seminars, meeting and workshops on Human Resources, Managerial Effectiveness and Industrial Relations.
I resigned from my previous company on 24 august.I served a notice period of 8 days i.e. till 31 august and then joined another company on 1 september.My previous manager asked me to serve the complete notice period of 30 days,but I could not do so because of the urgency to join the new company.
Now I am getting threatning calls from HR dept saying that they wont give me the relieving letter and my experience certificate because of the shortfall in notice period.Also,they are saying that they ll be sending a legal notice to me.
My offer letter states that the company reserves the right to pay the employee or recover from him(salary or basic salary) in lieu of part or whole of notice period.Nothing else is written regarding serving the complete notice period or buyback in my offer letter.
I had already given it to them in written that I am ready to buy back the notice period and also,I am having 32 earned leaves which could compensate the shortfall.But inspite of my offer to buy back and my huge earned leave account,my request is not being considered.The company has also withheld my salary for the month of august for the full and final settlement.
Now I wanted to know that
1.Have I done something that could go against me and land me in legal troubles?This is because HR dept is threatening to send me a legal notice.
2.What should I do to get my relieving letter,exprience certificate,full and final settlement statement and my balance amount as soon as possible because I have to submit the first two documents in my new company within 3 months of joining.
3.Can I do something against them for threatening me like this and not issuing my documents on time?
Answer Dear Meenakshi,
Hope you're doing fine.
Regret the delay in writing.
It has become a practice to get off the old job without serving a proper notice period. But some companies are very strict on this rule especially Multinationals. In such a case you should write a letter along with a cheque of payment against balance days of notice period shortfall clearing writing that as per Clause No so & so mentioned in my appointment letter. Second choice: you may write a separate letter only thru a regd AD post mentioning that you have not received your salary and other balance amounts and if you dont listen from them in 10 working days you will write to the labour department then wait for the reply. Third choice do nothing and forget about experience and relieving certificate. They will send notice and nothing will happen unless they go to the civil court of law.
