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Query regarding my resignation

(Querist) 26 February 2015 This query is : Resolved 
Dear Sir,

I am working in an private company in tirupur(tamilnadu) for the past 1 year.I am not a member of any trade union.My company will comes under Factory Act.

I have taken here for 6 months training period as HR Trainee and told me to will consider as permanent after performance appraisal.Now I completed 1 year and my position is HR Trainee and no performance appraisal was done and no increment in salary also after 6 months.I don't have any appointment order given when I joined here. Now I served my resignation letter with 1 month notice period to the CEO through HR Executive because HR manager is not there in company.In that Resignation letter HR Executive got signed and CEO mentioned that to discuss with MD and proceed.I have send my resignation letter to MD for his Advice/Approval.Now 1 week gone no reply from MD.I have forward 3 times now but no reply.

Now my problem is regarding my settlement. When should they need to pay my settlement.If they not what should I do?Any precaution should take if MD not approved the resignation. I have salary slip,PF & ESI details and each month salary statement which include my name and other details.

Looking for help regarding this.

Awaiting for your reply.

Regards,
Sreejith C Varma
Kumar Doab (Expert) 26 February 2015
1. If no appointment letter is issued to you and thus no service conditions are reduced on paper and signed with you then one can construe that NO notice period for separation is applicable...


2. Otherwise in case of Factory........
as Per Model Standing Orders;Sec13::::Notice period during probation period is NIl and after confirmation of service is 30 days.

If standing orders are certified ( CSO:on the lines of Model Standing Orders) and your designation is covered by CSO then you may refer to it.

3. In any case you have tendered notice period of 30 days and thus have displayed character and are not causing abrupt termination.......

As you have copy of acknowledgment from HR/CEO you may attach the copy and submit to MD in writing under proper acknowledgment....................and don't forget to mention that NO tasks are pending at your end and to whom you should handover the charge under proper acknowledgment on the spot.............and request to supply the acknowledgment and acceptance of resignation,FnF statement in original for verification and acceptance by you (showing leave encashment/bonus/etc),Service Certificate,Relieving letter,Form16 as per correct FnF statement,NOC/NDC,PF a/c slips of each year,etc, within and upto last day in office i.e. dated.................and seek an appointment in writing........

You may remind that NO appointment letter has been issued to you and may please be issued.

4. Has the company issued I.Card?

5. It is the responsibility of the Bosses to ensure that the appraisal is conducted in time.
You may narrate the promises made to you during recruitment etc.........


6. It is always better to be a member of employee's/trade unions.....


7. The FnF wages should be paid by last day/within next 3 days or max. by the usual pay day.
R.K Nanda (Expert) 26 February 2015
no more to add.
Guest (Expert) 26 February 2015
Well explained by Ahri Kumar.
Rajendra K Goyal (Expert) 27 February 2015
Well explained by expert Kumar Doab.
T. Kalaiselvan, Advocate (Expert) 02 March 2015
Agreed with the experts views.


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