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nirmal (Sr)     06 December 2012

Need f&f previous employer

Hi,

 

As i was on probation period in my last organisation and i had given resignation and had given notice period of 9 days by mail because my head office and hr is in delhi and i was at ahmedabad.i worked in Ahmedabad only.
i had given 9 days notice period as per my appointment letter issued to me.

Now at last day of working they send me mail and informed me that they are not ready to leave me until new employee will come and they stuck my salary and F&F.

now after 22 days leaving company they send one letter to my home that i am absence in company from last 22 days advise with writing or we will take legal action against you.

So i request you kindly please advise what to do in such case. Can i file legal notice against company that i need my salary and i had done everything as per rules.

What i have one concern is that if you read my appointment letter then is mentioned that 7 days notice period is required and also mentioned that resignation would become effective only from date of acceptance thereof.

So they are fight with me according to above sentence.\
I think it is not right because if employer will not accept my resignation till next 6 months so it is not necessary that i need to work over there..!!

Kindly advise what to do now..? Can i take any legal action and what kind of legal action i will take..? Other think if i file case then where i need to fight it in ahmedabad court or in Delhi court.

 



Learning

 6 Replies

Bhawani Mahapatra (Law Officer)     06 December 2012

Dear Nirmal

No need to bother about the letter. Just send a reply stating that you have duly complied with the requirements of the company as per your employment contract, Now it is upon them to accept your resignation or not. Also don't forget to ask for the balance salary along with the F & F within 30 days failing which you will take action as deem fit by you. Also try to collect a copy of attendence of the last month of the company which will prove your attendance till the date you worked there.

Best of luck !!!!!!!!!!1

Kumar Doab (FIN)     06 December 2012

The very purpose of notice period is that employer is able to do orderly transition, complete exit formalities, and employee is able to firm up his future venture and help the employer to complete the exit formalities.

You have tendered full notice the employer wants you to give and the notice employer would give to employee to look for other employment  in case employer want to terminate the employee.

If you have tendered full notice {as mentioned by you} you have done well to your employer and have displayed character by not causing abrupt termination.

On your last day employer could make a request to you to stay for ….days and pledge that all wages shall be paid to you.

The employer has leveled allegation to subject you to a drill now and deny FNF settlement and apply coercion, pressure tactics to deny reliving letter etc.so that you come running to him and accede to his tantrums.

Another employee has initiated an interesting thread at following link, and has initiated recovery of wages:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=1#.UMCCfPIyzvo

 

Discussion > Labour & Service Law > Disputes > Dispute regarding resignation and notice pay

You  should submit a fitting reply addressed to the good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR for payment of salary {by bank DD only in a case like yours}, and correct FNF statement on letterhead of the company under original seal and signature by hand of the competent employee along with his/her full name/designation/dept/address below his/her signature , FNF amount by bank DD only, Form 16 as per correct FNF statement , work experience certificate/service certificate, NOC/NDC, relieving letter, PF number, attested copies of PF withdrawal/transfer form {submit the forms} for submission to PF office by employee etc by redg post so as to reach within next 7 days. You may mention that the contentions of the company in letter dated ………issued under signatures of Mr/Ms……./designation/dept/address are uncalled for as {explain the facts and fine tune as suitable to you} and this letter should be withdrawn in writing by letter thru redg. post to you so as to reach you in say….7 days.

Kindly note that HR may not provide any relief to you until you have a handle on company, as HR has to serve its masters, who might have issued verbal or written instructions. So you may escalate to good offices under acknowledgment and try and meet them and convince them.

If good offices also do not provide any relief you may proceed as deemed fit at your end.

You may consult elders in the family, competent and experienced well wishers, lawyer law firm and fine tune your representations as suitable to you.

In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.

It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

 

 

 

You may request good offices to allow you to examine your personnel file being maintained in HO.

You were appointed at Ahmedabad and resigned from Ahmedabad. You can file your complaints etc at Ahmedabad.

Valuable advice of learned experts/members is sought.

 

nirmal (Sr)     07 December 2012

Hi Mr Bhawani Mahapatra,

Thank you so much for your valuable suggestion.i am not bother about experience letter and other thing i just want my balance money which is mine.i am having all my proof which is mentioned by you.i just want to know that as company is sending me letter of unathorised absence letter twise in last month and also mentioned that they will take legal action against me. So my concern is that whether they can do any legal action against me..? and if yes then what kind of action they will do...? and if i want to do something legal or file case agaisnt them then on which clause is in favour of me...?

KumarDoab: Thank you so much for your valuable advise.i request  so many time to HR for the same but they are not ready to listen to me so i will do anything to get my money which is mine.

Kumar Doab (FIN)     07 December 2012

The letter which is sent twice is aimed at declaring you absent/absconding. Abscondment is misconduct. After these letters company may terminate you.Company may claim your resignation was not accepted and you were absenting. Company wants to deny notice pay, FNF settlement, and relieving.

You may think on paying a visit to BM of your local office with 2 copies of proper reply to the letters of the company and handover one copy at reception and obtain acknowledgment under seal and signature on 2nd copy and thereafter explain the matter in person and submit minutes of discussion, on the spot under acknowledgment to BM and by redg. psot to company's employee who has been writing letters to you. You may keep some witness/evidence. Employees should record such transactions {audio/visual} for use at appropriate time in appropriate forum.

It shall be appropriate to approach a competent and experienced service lawyer/labor consultant at your location with copies of all of letters/documents and give inputs in person and proceed under expert advice of your lawyer. It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Let your lawyer or an experienced well wisher, trained legal mind amongst your acquaintances structure/draft/fine tune your representations.

Company may yield to legal notice of your lawyer, and may not pass termination order.

nirmal (Sr)     07 December 2012

Hi Kumar Doab,

What i understand is that company will send me termination letter and they will cut my resignation period money and stuck my F&F. i dont concern about the same. If they dont want to give me any document then i dont need it. I just worry about my money. As i understand that they need to give me 23 days of salary as per your statement. Can i eligable to get that salary...? 

AS my Organisation head and HR is in Gurgoan and no any higher authority is in ahmedabad. And all the matter was written by mail so i have enough proof also. on last week i write one mail to my HR department with requesting pattern. now i think i shoud have to wait and i will write other mail to MD and Chairman of the organisation with good word. so might be possible to finish this matter with no any issue.

So please advise that what kind of word i need to write in mail to MD and chairman of organisation.

Kumar Doab (FIN)     07 December 2012

If possible avoid drafting yourself.

Enough has been written in this thread.

Let your lawyer or experienced well wishers, trained legal mind amongst your known ones, structure/draft/fine tune your representations/letters, as they would know what in all to write and how to phrase so that it drills sense into the heads in your company. You may send your letter as ap to MD/Chairman, and ask for relief by accepting resignation and supplying you the pending payments and documents, say within 3 days by redg. post and a soft copy by email within 3 days.

You can mention that competent employee of the company may meet you at Ahmedabad between……dated ………..to dated………..at address……

If there is no relief service a legal notice by your lawyer.

Company may yield to legal notice of your lawyer, and may not pass termination order.

Valuable advice of learned experts/members is sought.

 


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