Relieving Letter - Discrepancy - dual employment is showing in papers

To put up my case, I joined XYZ company on 26th July '12 and submitted my resignation email on 29th July '17, stating that the 4th of August '17 would be my last working day. However, during several meetings with HR for negotiations on the relieving date, I continued my services until the 16th of August '17. I then sent a final email confirming that the 16th of August would be my last working day with the company, and I would not be able to continue my services thereafter. I also attached my offer letter, in which clause 3.1 states:

"The management may terminate your services by providing two months' written notice or payment of basic salary in lieu thereof without specifying any reasons. Similarly, you may resign from the services of the company by giving two months' notice in writing or payment of basic salary in lieu thereof."

After ceasing all operations with XYZ company, I joined another organization on the 21st of August '17. Furthermore, I did not receive any verbal or written communication from the company following that email. To my surprise, my relieving letter indicates that the 14th of September '17 was my last working day. This discrepancy has led to a dual employment situation on paper from the 21st of August to the 14th of September. I am perplexed as to why this period is reflected in the relieving letter when I had already ceased my services, as documented. Consequently, the FnF settlement was based on this incorrect information.

I am seeking guidance on how to rectify the relieving letter from XYZ company. This error could potentially hinder my prospects of joining another reputable organization in the future.

Dear Rahul,

I would like to specify the following:

a) Your notice period was for 60 days, whereas you had completed only 19 days.

b) Your last working day was 16th Aug 2017. Thereafter, you had stopped reporting for your duties. In legal parlance, this is called "Abandonment of Duties." It was a unilateral decision.

c) Notwithstanding your abandonment of your duties, it appears that your company waited until 14th Sep 2017 and on the day from 15th Sep 2017, your name was struck from the company rolls. An employee may absent or abscond; however, companies keep that employee on the roll. This is what has happened with you from 17th Aug 2017 to 14th Sep 2017.

d) That is why you have been issued the relieving letter from 26th July 2012 to 14th Sep 2017.

e) Your company was generous for not taking action for abandonment of duties. Any other company would have sent a legal notice for the recovery of the notice period pay from you.

f) Your company was not just generous but tolerant too as you have been issued a relieving letter without any negative remarks. Any other company might have ordered a domestic inquiry on an employee's abstention. For failing to attend the domestic inquiry or for failing to provide a credible explanation on abstention, the employee might have been terminated.

g) Though you have not mentioned anything about gratuity, probably your company did not pay you the gratuity and adjusted the notice period pay against the gratuity. Since the company was not in financial loss, they did not enter into any legal hassle. Of course, this is just a surmise.

h) Abandonment of employment was your unwise decision. For five years the company had provided you the bread and butter, but when a better opportunity came in your path, you had no qualms in deserting the company. Nothing wrong per se to avail of a better opportunity; nevertheless, this cannot be done at the expense of the contractual obligation.

i) Part of the first paragraph reads, "put a final mail on records that 16th Aug will be my last working day with the company and won't be able to continue my services afterwards." The wording of your mail smacks of your overbearing pride. The statement insinuates your feeling that the company was depending on you and you had complete freedom to take unilateral decisions.

Final Comments: Whether the tolerance shown as stated in point (f) above was by design or default, it has caused damage to you by way of dual employment from 21st Aug 2017 to 14th Sep 2017. While you may approach for the correction of the date in the relieving letter, how far your case will be entertained, that remains to be seen, as in the HRIS, it must have been shown that you were on the rolls till 14th Sep 2017. Secondly, it's a question of disloyalty also. The company may say you can't have your cake and eat it too.

Thanks,

Dinesh Divekar

Please tell us how the period from 17th August to 14th September was treated. Were you paid, treated as absent, or marked as no work, no pay, etc.? Also, please clarify whether the termination of service occurred upon acceptance of resignation or through other means. However, given that nearly 7 months have elapsed since your relieving, it is unlikely that there will be any amendment to the relieving process.

I had several meetings regarding my relieving, but nobody was ready to relieve me before serving a 2-month notice period. So, that was the only choice left with me at that point in time.

In my emails to HR, I had clearly mentioned that my basic salary can be deducted in lieu of not serving the notice period, which is a clause in the offer letter as well.

I have been paid until 14th September, but I was not part of the organization.

As the earlier organization is unwilling to change the date of relieving, you may need to return the salary for the period from 21st August to 14th September with a letter explaining the situation and keeping its acknowledgment. Otherwise, you may have to work the other way around. This means that since you were paid in full until 14th September, you would request the present management to deduct the salary up to the 14th of September and treat your joining from 15th September onwards. Do you think this approach can work out?

Sir, I have asked for help from both organizations, but no one is willing to help. It was only the offer letter clause on which I based my decision. Please guide me on how to overcome this situation. I have all the documentary proofs with me.

I have informed them in writing that I won't be able to continue my services from a particular date and even asked them to deduct the salary as per the clause mentioned in the offer letter. However, they still paid me for the period when I was not a part of the organization.

Is legal action the only way to resolve this situation?

There appears to be no effective legal way. The only legal course of action possible is to file a declaratory suit against your erstwhile employer for a declaration that you had ceased to be their employee on 17th August 2017. It is a long-drawn process. But with no other viable option, I would suggest paying back the salary from 21st August to 14th September to the former organization since you received salary from both places. Keep a copy of these documents so that your genuineness in the matter is discernible.

Sir, Even I don’t want to keep the foresaid salary with me, have requested them to share the process to return but HR even refused the same as she told me that in that case we need to change your releiving date as well.
To my surprise she told me that if it could be our fault we would have changed it but as I have left without serving notice period I have to deal with it.
One side they are saying that I left and other side they are unnecessarily paying me for that period.