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Chintan Trivedi (Associate)     16 October 2013

Need advice - releaving

Dear All,

 

I have resigned from the job (with 14 days Notice period insted of 90 days) and ready to pay for the short fall of the notice period. However, Company is not reay to releave me on the short nortice. I could not serve the higher notice period. I do not require "Releaving Letter" from the current organisation.

Please advide what should I do that will help in case of litigation...copany also not ready to provide me copy of CSO....

My willingness to pay for the shortfall of the notice period is documented on the mail and take the print out.

Should I drop a mail indicating that

"As per my resignation letter and subsequent communication via mail, today is my releving date though the company has not been initiated and completed the formalities at its end. Further, I was and am willing to pay for the short fall of the notice period as mentioned in the written communication via mail dated...."

Something like that...

 

Please guide me..,,,,,,,, copan



Learning

 2 Replies

Kumar Doab (FIN)     16 October 2013

Other threads initiated by the querist;

 

https://www.lawyersclubindia.com/forum/Enforcebility-of-notice-period-by-the-employer-89560.asp#.Ula6s9KAqWM

 

https://www.lawyersclubindia.com/forum/Standing-order-and-its-applicability-90023.asp#.UlJTHNKAqWM

 

https://www.lawyersclubindia.com/forum/Ececutive-manager-definition-90201.asp#.UlZFiNKAqWM

 

https://www.lawyersclubindia.com/experts/Certified-standing-order-notice-period-and-applicability-427416.asp#.Ul5gKtKAqWM 

Apply to CO for CSO.

 

 

It is good that you are paying attention to your issues.

 

You should consult leaders in the family, competent and experienced well wishers; trade union leaders, lawyer /law firm, show them all of your documents on record and let them  fine tune your communications/representation as suitable to you.

The lawyer that has seen all of your docs can advise you the best.

 

 

 

Submit a written communication (of course under proper acknowledgment and with a copy to self) to concerned person in HR with CC to Head-HR (with footnote that Head-HR should ensure to supply the certified copy within officers and to confirm charges if any to be paid by you) and cite reference of all previous communications vide which you had demanded certified copy of CSO. If the Head-HR also does not comply escalate to good offices of appointing authority, MD, company Secretary……………………and demand certified copy of CSO within office hours today confirm charges if any to be paid by you so that you can pay under proper receipt that has to be issued to you on the spot under proper seal and signature.

 

Demand to supply the acknowledgment and receipt of notice of resignation submitted by you by redg. post at once, so as to reach you at your address within next say …………3 days.

 

 

In your final resignation (addressed to appointing authority, MD by letter under acknowledgment)you may add that shortfall in notice period may be adjusted as per provisions of Certified Standing Orders/Model Standing Orders in FNF statement /settlement and correct FNF statement, Payment of FNF dues by bank DD only, acknowledgment of resignation, acceptance of resignation, Form16 as per correct FNF statement, service certificate, relieving letter, certified copy of service card, PF number, Pf a/c slips of all years of service, ESIC Card, Health/Group Insurance card,  etc……………be supplied to you within office hours on last day in office i.e dated………………………

 

You should add that no task/assignment is pending at your end and despite your representations to Mr/Ms………………..designation, dept……………………….on dated………………..in person/by phone/by email/by letter……………………on handing over of charge/ completion of exit formalities if any, no one has informed any exit formality to you and no one has completed any exit formality with you and no one has taken charge (company property if any)  from you……………………………..which implies nothing related to handing over of charge/ completion of exit formalities was applicable in your case and nothing is pending in your case.

 

 

Sudhir Kumar, Advocate (Advocate)     16 October 2013

well explained by Mr Kumar Doab

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