AboutJaved Razack Expertise If you have any question on Indian Laws concerning Civil disputes on property, recovery or any other contractual obligation, Criminal disputes on Indian Penal Code, Negotiable Instruments Act, Company matters, Income Tax, Arbitration, Family and matrimonial issues, please ask me.
Experience Successful in acheiving what I regard job satisfaction.
Expert: Javed Razack Date: 4/22/2008 Subject: About Releiving issue
Question I have joined Q3 Technologies Gurgaon on 3rd October 2007 and resigned on 12th Feb 2008 (Accepted on 26th Feb 2008 ref: Mail from HR Manager) and specified 22nd Feb 2008 as my last working day in Q3 Technologies (Ref : Mail Mr. Ramana Rao (Project Manager) and Rajeeb Bishwaas (HR Manager)). I have worked on my specified date and have shared whatever project information I have with my team mates as the process of knowledge transfer meanwhile I have discussed my relieving process with HR Manager and he had said all the process with for my relieving will be done by 22nd Feb 2008. I have tried to resolve all the issues regarding my project given to me. On 22nd Feb 2008, I have been requested to extend the date of my relieving by a week due to some project requirements that was not possible for me due to my commitments with my future employer. I have discussed my problems with HR Manager and he had agreed to relieve me and promised me to give me relieving letter on 29th Feb 2008 and I have agreed to help my team mates remotely by Email, Skype and telephone communication for any of project issues. I have helped in whatever way I can during 22nd Feb 2008 -29th Feb 2008.
On 29th Feb 2008 when I have contacted with HR Manager of Q3 Technologies, He refused to give me relieving letter on that day I have also told him to deduct the amount (for remaining 18 days) of my gross salary as deduction for Non fulfillment of Notice period as specified in my offer letter given by Q3 Technologies at the time of Joining the company, but he had told he will send me the relieving letter later and will give me the Full and Final salary for 22 Days by 1st week of march.
I have contacted him continuously by mail and phone and have not got Relieving letter and Pending salary meanwhile he had told me to send the Full and Final salary by 29th march 2008 (Ref: mail 26th march 2008) which I have not got when I have further contacted him for that I would be informed that I will got my salary by 4th April 2008, which I have not got yet.
Answer Hello Naman Goel,
Since your resignation has been accepted and the HR assured that you will be relieved by giving the requisite letter on 29th Feb and now going back on his word can be termed as breach.
You are, besides being relieved gracefully, entitled to the salary for the period that you worked while tendering your resignation, if your employer is not adhering to their commitment, in my opinion, you should take legal course. You need to get a notice issued to your employer and also the HR Manager in his personal capacity and seek your relieve letter, experience, salary and other benefits that may have acrued to you while in employment.
For this you need to consult a good lawyer with service orientation, who will be able to guide and assist you in your endeavor to get the relief. In the notice you should also demand for payment of the damages for the delay as you could not secure alternate employment and lost opportunity in a better company. This may work in your favor and the company will hurry the settlement and you will get relief that you desire.
I hope this suffice your present query,
All the best
Javed Razack
