My present employer is forcing me to serve 3 months notice

 

HOPE YOU WILL TAKE THIS POST POSITIVELY!

 The rowdiness of bosses is not a new or unknown thing to lawful authorities and Law and courts.

NO one can be abusive, coercive, threatening, intimidating, imposing at workplace including employer himself/herself.

Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????

Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!

Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.

 

 

 

You have posted the extract of the appointment letter ::::However your able Labor Law Consultant/Service Matters Lawyer/Law Firm may like to go thru the language verbatim.

 

 

 

You should start building favorable written record under expert guidance of your lawyer for use at appropriate time in appropriate forum.

 

 

You may reply pointwise to each point:

1.       Do you have copy and acknowledgment of notice of resignation tendered by you? It was addressed to whom?

2.       Who has signed the appointment letter? Who has replied to your notice of resignation? Is it in writing? Have you submitted the minutes of all discussion you have narrated in your post? If yes show these to your counsel. If No let your counsel draft these to suit your long term interest and build favorable written record.

3.       Have you resigned by letter too? Did you mention the reason of resignation in resignation letter/email Or even subsequently/ or before resignation to anyone in office? 

 

 

Hi Mr.kumar, Thanks for your valuble reply. Kindly check below reply to your points 1.I do have Copy of email attached resignation letter with me.i have send resignation email to manager who is director of company. 2.Appointment letter is duly signed by HR and me.they have return one copy to me. Till date My reporting manager or HR has not yet sent acknowledgement or acceptance email on my resignation.minutes of discussion narrated in my post is not yet submitted. 3.i have sent them resignation email with copy of resignation letter mentioned proper reasons of my resignation. 4. I am not member of employe/trade Union. My company does not have GRC or work commitie. 5.i am working as Sr.project lead. my job responsibilities to look after Automation services projects for Australian clients of company and make sure projects should be ontime delivery.i do not have any powers given to employ, terminate,grant leaves or increment.these power are only with my manager. 6. My monthly basic salary is 29166 INR excluding DA.total monthly gross is 83333 INR including basic +HRA+other allowances. 7.only appointment letter and monthly salary slips are there with me. Other things mentioned in point 7 are never issued to me till date. 8.Reporting Office and Reg. Office located in pune in maharashtra state. Total 15 to 18 employees are there. Company dont have any certified standing orders (CSO). I dont know about company registration whether it is commercial or industrial establishment. 9.they did not mentioned anything regarding notice period during probation/confirmation or about notice pay in any single points mentioned in appointment letter. I can send you my appointment letter by email. Plz share your email ID. Till date they not even shown or supplied "service rules and regulations "along with appointment letter. Also company do not have any HR/employees portal available. I think such rules are prepared and signed by HR and director of company. Company HR said to me during discussion on 26th march 2015 infront of company you have to server 3 month notice otherwise your salary will be withheld and relieving and documents will kept on hold.whatever he said,he has not given in writing.this was entirly verbal discussion on 26th March 2015. 9. Components mentioned in point no 9 are not yet supplied to me by company. Awaiting your valuable reply. Thank you, Sagar Chavan 9922902596.

Hi Mr.kumar, Thanks for your valuble reply. Kindly check below reply to your points 1.I do have Copy of email attached resignation letter with me.i have send resignation email to manager who is director of company. 2.Appointment letter is duly signed by HR and me.they have return one copy to me. Till date My reporting manager or HR has not yet sent acknowledgement or acceptance email on my resignation.minutes of discussion narrated in my post is not yet submitted. 3.i have sent them resignation email with copy of resignation letter mentioned proper reasons of my resignation. 4. I am not member of employe/trade Union. My company does not have GRC or work commitie. 5.i am working as Sr.project lead. my job responsibilities to look after Automation services projects for Australian clients of company and make sure projects should be ontime delivery.i do not have any powers given to employ, terminate,grant leaves or increment.these power are only with my manager. 6. My monthly basic salary is 29166 INR excluding DA.total monthly gross is 83333 INR including basic +HRA+other allowances. 7.only appointment letter and monthly salary slips are there with me. Other things mentioned in point 7 are never issued to me till date. 8.Reporting Office and Reg. Office located in pune in maharashtra state. Total 15 to 18 employees are there. Company dont have any certified standing orders (CSO). I dont know about company registration whether it is commercial or industrial establishment. 9.they did not mentioned anything regarding notice period during probation/confirmation or about notice pay in any single points mentioned in appointment letter. I can send you my appointment letter by email. Plz share your email ID. Till date they not even shown or supplied "service rules and regulations "along with appointment letter. Also company do not have any HR/employees portal available. I think such rules are prepared and signed by HR and director of company. Company HR said to me during discussion on 26th march 2015 infront of company you have to server 3 month notice otherwise your salary will be withheld and relieving and documents will kept on hold.whatever he said,he has not given in writing.this was entirly verbal discussion on 26th March 2015. 9. Components mentioned in point no 9 are not yet supplied to me by company. Awaiting your valuable reply. Thank you, Sagar Chavan 9922902596.

Hi Mr.kumar, Thanks for your valuble reply. Kindly check below reply to your points 1.I do have Copy of email attached resignation letter with me.i have send resignation email to manager who is director of company. 2.Appointment letter is duly signed by HR and me.they have return one copy to me. Till date My reporting manager or HR has not yet sent acknowledgement or acceptance email on my resignation.minutes of discussion narrated in my post is not yet submitted. 3.i have sent them resignation email with copy of resignation letter mentioned proper reasons of my resignation. 4. I am not member of employe/trade Union. My company does not have GRC or work commitie. 5.i am working as Sr.project lead. my job responsibilities to look after Automation services projects for Australian clients of company and make sure projects should be ontime delivery.i do not have any powers given to employ, terminate,grant leaves or increment.these power are only with my manager. 6. My monthly basic salary is 29166 INR excluding DA.total monthly gross is 83333 INR including basic +HRA+other allowances. 7.only appointment letter and monthly salary slips are there with me. Other things mentioned in point 7 are never issued to me till date. 8.Reporting Office and Reg. Office located in pune in maharashtra state. Total 15 to 18 employees are there. Company dont have any certified standing orders (CSO). I dont know about company registration whether it is commercial or industrial establishment. 9.they did not mentioned anything regarding notice period during probation/confirmation or about notice pay in any single points mentioned in appointment letter. I can send you my appointment letter by email. Plz share your email ID. Till date they not even shown or supplied "service rules and regulations "along with appointment letter. Also company do not have any HR/employees portal available. I think such rules are prepared and signed by HR and director of company. Company HR said to me during discussion on 26th march 2015 infront of company you have to server 3 month notice otherwise your salary will be withheld and relieving and documents will kept on hold.whatever he said,he has not given in writing.this was entirly verbal discussion on 26th March 2015. 9. Components mentioned in point no 9 are not yet supplied to me by company. Awaiting your valuable reply. Thank you, Sagar Chavan 9922902596.

Hi Mr.kumar, Thanks for your valuble reply. Kindly check below reply to your points 1.I do have Copy of email attached resignation letter with me.i have send resignation email to manager who is director of company. 2.Appointment letter is duly signed by HR and me.they have return one copy to me. Till date My reporting manager or HR has not yet sent acknowledgement or acceptance email on my resignation.minutes of discussion narrated in my post is not yet submitted. 3.i have sent them resignation email with copy of resignation letter mentioned proper reasons of my resignation. 4. I am not member of employe/trade Union. My company does not have GRC or work commitie. 5.i am working as Sr.project lead. my job responsibilities to look after Automation services projects for Australian clients of company and make sure projects should be ontime delivery.i do not have any powers given to employ, terminate,grant leaves or increment.these power are only with my manager. 6. My monthly basic salary is 29166 INR excluding DA.total monthly gross is 83333 INR including basic +HRA+other allowances. 7.only appointment letter and monthly salary slips are there with me. Other things mentioned in point 7 are never issued to me till date. 8.Reporting Office and Reg. Office located in pune in maharashtra state. Total 15 to 18 employees are there. Company dont have any certified standing orders (CSO). I dont know about company registration whether it is commercial or industrial establishment. 9.they did not mentioned anything regarding notice period during probation/confirmation or about notice pay in any single points mentioned in appointment letter. I can send you my appointment letter by email. Plz share your email ID. Till date they not even shown or supplied "service rules and regulations "along with appointment letter. Also company do not have any HR/employees portal available. I think such rules are prepared and signed by HR and director of company. Company HR said to me during discussion on 26th march 2015 infront of company you have to server 3 month notice otherwise your salary will be withheld and relieving and documents will kept on hold.whatever he said,he has not given in writing.this was entirly verbal discussion on 26th March 2015. 9. Components mentioned in point no 9 are not yet supplied to me by company. Awaiting your valuable reply. Thank you, Sagar Chavan 9922902596.

Hi Mr.kumar, Thanks for your valuble reply. Kindly check below reply to your points 1.I do have Copy of email attached resignation letter with me.i have send resignation email to manager who is director of company. 2.Appointment letter is duly signed by HR and me.they have return one copy to me. Till date My reporting manager or HR has not yet sent acknowledgement or acceptance email on my resignation.minutes of discussion narrated in my post is not yet submitted. 3.i have sent them resignation email with copy of resignation letter mentioned proper reasons of my resignation. 4. I am not member of employe/trade Union. My company does not have GRC or work commitie. 5.i am working as Sr.project lead. my job responsibilities to look after Automation services projects for Australian clients of company and make sure projects should be ontime delivery.i do not have any powers given to employ, terminate,grant leaves or increment.these power are only with my manager. 6. My monthly basic salary is 29166 INR excluding DA.total monthly gross is 83333 INR including basic +HRA+other allowances. 7.only appointment letter and monthly salary slips are there with me. Other things mentioned in point 7 are never issued to me till date. 8.Reporting Office and Reg. Office located in pune in maharashtra state. Total 15 to 18 employees are there. Company dont have any certified standing orders (CSO). I dont know about company registration whether it is commercial or industrial establishment. 9.they did not mentioned anything regarding notice period during probation/confirmation or about notice pay in any single points mentioned in appointment letter. I can send you my appointment letter by email. Plz share your email ID. Till date they not even shown or supplied "service rules and regulations "along with appointment letter. Also company do not have any HR/employees portal available. I think such rules are prepared and signed by HR and director of company. Company HR said to me during discussion on 26th march 2015 infront of company you have to server 3 month notice otherwise your salary will be withheld and relieving and documents will kept on hold.whatever he said,he has not given in writing.this was entirly verbal discussion on 26th March 2015. 9. Components mentioned in point no 9 are not yet supplied to me by company. Awaiting your valuable reply. Thank you, Sagar Chavan 9922902596.

You have done well by answering the points raised.It is felt that with your answers some resolution is possible.

 

 

The company should have deducted TDS and hence should have provided Form16 (or it has to provide by June 15). It has to provide salary/wage slip each month.

 

If NO HR policy has been circulated/supplied/kept in knowledge domain then it is as good as that ' IT Does Not Exist"..................................Gossip/Rumor/hearsay can not be Rule/Policy.M

Moreover the Enactments/Acts/Statue/Instrument of Law applicable to the establishment/employer/employee shall score and prevail upon any private agreement that employer has drafted and signed with employee e.g. appointment letter/contract of employment etc or even any private rule/policy crafted by employer.

Each company has to register and display its registration certificate near entrance/at a conspicious place in establishment...............

Is it some IT/ITeS company?

 

If NO Notice period is stated in appointment letter then you can claim it is not applicable.

What is is issued to you ::::appointment letter/Contract of employment/service agreement?

 

YOu may erase the names/logo etc to maintain the confidentiality and  attach it in this thread.