Company not releaving(full n final) in given time period

If you have tendered notice of resignation/resignation you need to choose the notice period/effective date of resignation/last date in office.

Did you mention period of notice in your notice of resignation?

Did you submit by letter or by some software installed by employer e.g; ‘Resignation Tool’……………………If it is some resignation tool software then it is not your appointing authority, MD but some line manager or some HR personnel are communication the period of 90 days to you and they are doing so as they are given access to intervene by this software and they are choosing the period of notice as per directions of employer/employer’s policy for them in such cases.

If you leave it to employer to choose date of relieving for you then employer or officials selected by employer on his behalf will be please to choose as suitable to them……………..

Some individuals, trade union leaders, lawyers, community leaders, elders,  are expert arbitrators, mediators, conciliators, and they know how to find to find hot buttons and press them too……………

Lawyers are trained in these skills and some of them are exceptionally good.

Your lawyer that has seen all of your docs and record, has analyzed your inputs can advice you best on strategy without litigation or results in short time………………..

The employer and its team in line management and HR would not let you slip easily…………

Our hunch is that you will need to agitate.

Kindly keep this thread updated.

nothing more to add

yes, i have prescribed the date (15 aug13) 35 days in my leter of resignation on 10th of july13.

the accepted copy of resignation is with me, no cmments on the date of releaving by my mentor.

HR response was completely non practical even fix 90 days period is not documented in the appointment leter.

please tell, how could i let my new job be wasted waiting for those 90 days?

so after persuing duty till 5th aug13 i put a medical cerficate to the HR & joined my new job due

to excessive follow up by my new company.

i am planning to continue mail reminding about my full n final to the ex employer till 90 days(10th oct13).

and after then looking for options to what to do?

please guide...

thanks

You should state the facts in one go than writing piece meal information.

Seek help from elders in the family. A lawyer in your neighborhood can also help you.

If you have been interacting with HR of the company then they might have told why they are not settling your account and thus where exactly the conflict lies…………..

You have posted that:

-------“90 days period is not documented in the appointment leter.’

Then what is the notice period stated in appointment letter issued to you?

--------“ i have prescribed the date (15 aug13) 35 days in my leter of resignation on 10th of july13.”

You tendered notice period equal to number of days as stated in appointment letter issued to you or less than that or more than that?

-------“ HR response was completely non practical even fix 90 days period is not documented in the appointment leter.”

What is precisely wrong done by HR according to you?

---------“ the accepted copy of resignation is with me, no cmments on the date of releaving by my mentor.’

If this mentor is competent authority to accept your resignation then the issue is over.

If it is not then it can only forward your resignation.

Moreover you would need acceptance of resignation from competent authority in company i.e. appointing authority, MD etc………………………….to satisfy next employer.

The acceptance by your mentor may not be official acceptance of the company.

After how many days of acceptance by your mentor HR has supplied a communication to you?

Was it after 35^th day of your notice?

--------“ so after persuing duty till 5th aug13 i put a medical cerficate to the HR”

You had tendered notice till 15^th August so you could have attended office till 15^th and helped company to complete the exit formalities, handover of charge etc.

--------“ so after persuing duty till 5th aug13 i put a medical cerficate to the HR & joined my new job due to excessive follow up by my new company.

Did you join duty after medical leave? Have you submitted final resignation after medical leave?

You should have stayed till 15^th and should have successfully handled the next employer.

A bird in hand is better than two in bush.

If you have obliged the HR of next employer then ask them to stand by you now and remain satisfied with the acceptance of resignation provided by you and at the most an affidavit that you are not employed elsewhere.

If you want to approach a lawful authority you may approach:

* If you are covered as workman as in ID Act: labor Inspector, o/o Labor Commissioner

* If your establishment is Commercial: Inspector under Shops and Commercial Establishments act

* if your wages are up to Rs.18000/pm as per def. of wages as in the act ; Inspector under Payment of Wages act.

* Civil Court

Your lawyer that has seen all of your docs and record, has analyzed your inputs can advice you best on strategy without litigation or results in short time………………..and the appropriate forum where you can agitate………..

pieces of meal are just in the reply of questions asked in the 1st reply.{piece meal information.}

i would always look to help of elders in order to solve my problems after being disappoint from others.{Seek help from elders in the family.}

& will forgot about my 80-90 thousand dues on the ex- employer if nothing can be done.

this is a true that big organisations are much more equipped to be in upper side in these types of issues legally & socially than a single employee.

for a service class person like me discontinuous career is crucial than anything...

thanks for all... 

Leave apart 80-90 thousand rupees even if it is 800-900 rupees employer has to pay.

If you are not able to resolve on your own you may need to approach others for help and resolution of your issues.

They may also ask for info and inputs from you………….

Some individuals, trade union leaders, community leaders, elders, are expert arbitrators, mediators, conciliators,…………………………and may succeed to resolve your matter without litigation.

If they can’t resolve you may approach your lawyer.

Under the expert guidance of your lawyer you may approach lawful authorites………….

One of the duties of lawful authorities like Inspector/Chief Inspector under various enactments cited in this thread is to ensure that all dues of the employee that has separated are paid to him by the employer.  

You may proceed as suitable to you.