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Explainer 177

Prior to signing the appointment letter, I resigned with immediate effect.

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Dear HR Professionals, I have a query. I would like to explain the situation in detail before seeking your guidance. I have 8 years of experience in Sales and recently, on 9th November, I joined a company part of a Media conglomerate (One of the biggest Globally) as a Sales Manager. The offer letter I received and signed did not include an EXIT CLAUSE, however it was stated that a detailed appointment letter with terms and conditions of the job would be provided upon joining. I completed the formalities and signed the joining documents, but no appointment letter was given. After working for 7 days, I realized that this was not the profile I was looking for and so I resigned with immediate effect. I sent a resignation mail from my official mail id and kept a copy of it for future reference. No one replied or contacted me after that. A few days later, another HR person sent me a mail requesting documents for full and final settlement, such as forms related to PF transfer, pension claim and no due certificate. I am unsure why I am being asked to submit these documents when I have not received a single salary. I have not replied yet and have received two reminders. I have not signed any appointment letter or document with an exit clause. I worked for 7 days and did not have any company belongings. Therefore, I do not owe the company anything, nor do they owe me anything. What is the purpose of this full and final settlement in this case? What should my reply be? I have already secured another opportunity in the same field/industry, which I am joining on 5th December. I have not shared any details of this 7 day experience with them. Is there a possibility that my future employer will find out about this incident? I have all documents and credentials and have maintained an unblemished career throughout my life. I would like to resolve this issue amicably so that my future employer is unaware of this experience. I would appreciate any advice you can provide. Thank you. Anirban

  1. Go to the HR representative who sent you the emails and discuss your situation with them. They should be able to provide assistance and answer any questions you have.

  2. Greetings! In response to your queries, I would like to inform you that if you have not joined another company since your resignation, you may contact the HR who sent you the PF Transfer Form and inform them that once you have joined a new organization, the Form duly filled and signed will be submitted through the concerned department. Additionally, you are required to submit an application to obtain a “Scheme Certificate” for Pension. Lastly, a “No Due Certificate” is necessary for making the Full & Final payment. Regards

  3. As you have worked for seven days, technically that company is bound to pay your wages and deduct PF for those days. That is why they are asking to fill the form and complete the due process. However, signing the documents could be a ploy to show that you had worked for seven days and the company could put you in trouble. Therefore, you may give a call to that HR person stating that you have confirmed from the senior professionals of very prominent HR forum and they have told that it is possible to do the full and final settlement even without generating PF code. That company can show you as temporary employee or casual employee and pay the dues. No PF will be required to be deducted in such a case. Only ESI is required to be paid. However, that will be their internal matter and they can do it without your intervention. Do not do any correspondence. This will enhance proof of your employment with them. As such you are getting a new employment. No need to disclose about your seven days work in this company. Be cautious forever, do not lower you guard any time in future and reveal about this smallest stint.

  4. Thank you for your input, Mr. Sengupta. I am having some issues with the suggestions you have provided. Firstly, I am unable to claim the PF form as I am unable to show the experience to my new employer. Secondly, I can send the Pension Scheme certificate to the HR person as advised. Thirdly, I am not able to get a no due certificate signed from each department as I am not able to go back to the office. My main goal is to close this chapter without any FnF settlement. I have already discussed this with the HR and resigned after working for 7 days. Is there a possibility that my new employer can be contacted by my previous employer using my PF UAN number and informed about this incident? I don’t want anything from them, I just want this issue to be settled. Would you be able to tell me the likelihood of this happening? Additionally, I am unable to fill out the mandatory columns in the No due certificate and Exit feedback link as I left before receiving a SAP ID.

  5. I have been following your advice and posts in this community for a long time. It is an honor to have received a response from your expertise on my thread. I am grateful for your advice. Additionally, I had a conversation with one of my college friends who now works as a HR Manager in Mumbai in an MNC and was formerly a lawyer. He gave me the same advice that you did: to wait and watch, and not to reply in writing. Thank you again.

  6. Is it wise to always be suspicious of a Company’s motives? I believe it is best to think logically and seek out solutions. Any recruitment process involves some cost, and if an employee leaves shortly after joining, this can lead to further losses for the business (such as the cost of the interview plus seven days’ salary). However, our culture and the laws of our country are generally pro-employee, so our opinions and decisions usually lean in favour of the employee. I’m not suggesting that this is always the case, but I do believe in logical thinking and trying to explain things in that light.

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