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imsb (Executive)     05 May 2014

No written reply on resignation

Hi,

I am working in a company in Delhi NCR from last 3 years. Around 4 months ago I was forced by the HR to resign and emailed me the acceptance letter for the same. But due to the corresponding discussion with the CEO, HR verbally cancelled the resignation but even after several requests did not provide any written communication for the same.

Now, I have again resigned with hard and soft copy with a notice of less than a month (on paper the notice period is of 3 months from both sides which can be cut short by adjustment of leaves etc.). But HR again verbally conveyed the message that they accept the resignation but have to serve for minimum 3 months. I asked for the written reply but since then they are avoiding any kind of discussion and written reply.

Now, If they continue to avoid me and do not provide anything and my last date, as per resignation, arrives then in this case what should be my next step as per the rules since in contract there is no clause of 3 months being mandatory and also considering settlement of account, relieving letter and leaving on a high note as a crucial factors.

Thanks and Best Regards
imsb



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 8 Replies

imsb (Executive)     05 May 2014

Come on guys..... 16 views but no replies

Kumar Doab (FIN)     05 May 2014

What is this company/establishment: Commercial, Industrial, Small Enterprise?

 

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board!

How many employees are employed in it?

What is your designation and nature of duties?  

Has your service been confirmed in writing?

 

Did you lodge complaint with appointing authority, MD,CEO in writing against forced resignation extracted from you and if yes do you have the copy?

Did you submit in writing to supply the cancellation of resignation, accepted by HR?

Did you demand to supply in writing to supply you the acknowledgment of resignation (2nd) and exit formalities?

Since you (employee) have initiated the separation,  you shall choose the notice period tendered by you/date of separation or retirement by resignation /effective date of resignation/last day-date in office, not the HR or even employer!

The  of resignation can not be preponed/postponed by any one including employer himself!

HR is not your employer and is just another employee (servant) in the company!

Notice period/pay is not as per appointment letter alone.

Notice period/pay is part of service conditions  and is stated in enactments/statues/instrument of law applicable to the establishment e.g:::: Standing Orders (certified/model), (name of the state) Shops and Commercial establishment Act and is also mentioned in Service Rules Regulations/HR policy etc reference of which is made in appointment letter also.

 

There are many threads on similar query e.g;

 

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

 

You may find many threads relevant e.g.;

 

https://www.lawyersclubindia.com/forum/Employer-not-giving-acceptance-to-the-resignation-101590.asp#.U2CQrUeBmXU

 

https://www.lawyersclubindia.com/forum/Company-not-honoring-notice-period-issue-101798.asp#.U2e940eBmXU

https://www.lawyersclubindia.com/forum/Notice-period-serving-101739.asp#.U2e-PUeBmXU

 

 

Even if notice period mentioned in appointment letter is 3 months it may not be applicable to you! It may be max.1 month or it may also come out to be 3 months after you have replied to the questions asked above.

 

Submit a gentle representation to the good offices of appointing authority, MD, CEO narrating all representations made so far in person, by phone, by emails (download copies) etc and mention all names, dates and brief minutes of discussion including no reply and revert to you and build favorable record in writing, of course under proper acknowledgment.

Don’t forget to highlight your contributions, achievements, conduct, character displayed, awards/rewards, etc and that as on date no tasks/assignments are pending at your end and routine duties be assigned that can be completed on day to day basis within and upto last date/day in office and to whom you should handover the charge and to make proper arrangement to  to supply  ……………acknowledgment of notice of resignation immediately,acceptance of resignation, service certificate, relieving letter (with good comments and avoid without or with adverse comments), FNF statement, FNF dues by bank DD only including performance incentives, arrears  etc (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable), ESIC card (if applicable), salalry slip of all  onths of employment, etc……………………by redg. Post only…….within and upto last date in office by redg. Post only.

 

Resignation is a personal matter and can be communicated from personal email id however it should be preferably by letter thru redg. post.

 

 

 

 

 

 

 

 

imsb (Executive)     08 May 2014

Q. How many employees are employed in it?

Ans. 68

 

Q. What is your designation and nature of duties?

Ans. Jr. Engineer and engineering

 

Q. Has your service been confirmed in writing?

Ans. Yes

Q. Did you lodge complaint with appointing authority, MD,CEO in writing against forced resignation extracted from you and if yes do you have the copy?

Ans. not in written but had formal verbal meetings

 

Q. Did you submit in writing to supply the cancellation of resignation, accepted by HR?

Ans. No but on phone

 

Q. Did you demand to supply in writing to supply you the acknowledgment of resignation (2nd) and exit formalities?

Ans. Yes twice

 

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I have the screenshot proof of unanswered calls and sms.

Please let me know what should be the next step since I cannot sit and wait for the last date.


If there is no reply from the mgmt yet then should I continue to come after the last date since I need to get the dues cleared and also have to receive the acceptance and relieving letter.

 

Waiting for your reply.


Thanks and regards
imsb

Kumar Doab (FIN)     08 May 2014

Take your next employer in confidence preferably in writing and obtain its consent also in writing to absorb you without acceptance of resignation, relieving letter etc.

 

>>> You have not replied to;

"What is this company/establishment: Commercial, Industrial, Small Enterprise?"

 

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board!

From the registration certificate you can find out.

 

>>>You have posted that;

---"But HR again verbally conveyed the message that they accept the resignation "

Your resignation has been accepted and acceptance has been communicated to you in office.

 

The effective date of resignation shall be decided by employee that has tendered the resignation.

 

---"I am working in a company in Delhi NCR from last 3 years."

 

Are you in state of Delhi?

You are in which state: Delhi, UP, Harayana.........................?

The redg. office of the company is in which state Delhi, UP, Harayana.........................?

What is its trade: IT, ITeS, Insurance, etc?

The information asked above can help!

 

 

imsb (Executive)     09 May 2014

@kumar Doab,

Thank you for your immediate response and concern on this.

 

Q. "What is this company/establishment: Commercial, Industrial, Small Enterprise?"

Ans.  Industrial

 

Q. Are you in state of Delhi?

Ans. No

 

Q. You are in which state: Delhi, UP, Harayana.........................?

Ans. Haryana

 

Q. The redg. office of the company is in which state Delhi, UP, Harayana.........................?

Ans. Haryana

 

Q. What is its trade: IT, ITeS, Insurance, etc?

Ans. Engineering and Manufacturing

 

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Now there are only two different ways left which company can opt for as their reaction to this. One is not to give any reply to me, then in this case except leaving the company without acceptance/relieving letter is there any way in which I can demand the relieving letter, if it is legally the employee's right.

Second is that they might provide me the written acceptance stating that I have to serve the 3 months notice period which I know is not their right to stop me.

They are not ready to adjust the leaves and salary for the shortfall in notice period becoz they know that my need is one month notice period.

What can be done to get the relieving letter on the date I mentioned in resignation letter.

 

Thanks and Regards

imsb

imsb (Executive)     14 May 2014

I don't think they want to provide anything in written otherwise I would have received it by now. Regarding leaving the company without relieving letter, I wonder that would be the right thing because it is not only required now but in future also it is required to be shown and not having that is a bad impression sometimes.

What should one do in this case??

Thanks for your reply and I am Waiting for it eagerly?

Kumar Doab (FIN)     14 May 2014

>>> Take your next employer in confidence preferably in writing and obtain its consent also in writing to absorb you without acceptance of resignation, relieving letter etc.

 

The next employer is providing joining period of 1 month for his benefit.

Negotiate your interest properly.

Ask them to agree to buy your notice period/pay also.

 

>>> As per following publication:

2. The Industrial Employment (Standing Orders) Act, 1946:

Certification of Standing Orders of Industrial establishments employing 50 or more

workers is done at the level of Additional Labour Commissioner.

Labour Department,, Haryana

Right to Information Act,, 2005

https://www.cicharyana.gov.in/writereaddata/Labour/Proactive%20Disclosure/241.pdf

 

 

 

IN state of Haryana the Industrial Establishment should get its Standing Orders Certified if it employs 50 or more employees.

The standing Orders are certified as per essence and lines of Model Standing Orders. 

The standing orders should be displayed on Notice Board.

Employer personally  is held responsible for faithful observance of standing orders.

 

Being a statue/instrument of law  standing orders shall prevail upon any private agreement that employer might have signed with employee e.g. appointment letter, contract of employment.

If standing orders are not certified, Model Standing Shall apply.
 
You may persue Sec13-18.
 
The FnF wages and Service certificate should be supplied to employee on last day in office.
 
 
>>> YOU may verify that if the office in company where you are located is covered by Shops and Commercial Establishments Act.
 
Haryana follows Punjab Shops and Commercial Establishments Act.
 
You may go thru Punjab Shops and Commercial Establishments Act, Punjab Shops and Commercial Establishments Rules...........
The notice period/pay as per this Act is not more than 1 month.
 
 
 
>>> IN such matters the employees unions, trade unions can be effective.
 
 
>>> You must  issue  regular reminder addressed to appointing authority, MD............under proper acknowledgment with a copy to you and conclude that no tasks are pending at your end and routine duties be assigned that can e completed within and upto last date in office and to whom you should handover the charge.
If there is an option of notice pay in lieu of notice period then you must affirm to adjust it in FnF Statement and also tender payment by cheque in advance of course under proper acknowledgment. 
 
You can also appeal to waive of the notice period/pay.
 
 
You must demand acknowledgment of all communications and submit final resignation preferably by redg . post. 
 
If your rights are being violated you can approach Lawful authority, unions now also.
 
It shall be appropriate to meet a lawyer in person now and proceed under expert advice of the lawyer.
 
If you can not handle it on your own then let your lawyer handle it and also draft all of your communications.
 
 
 
 

 


Attached File : 332519597 haryana no. of employees 50.pdf, 332519597 model standing orders industrial employment standing orders rules.pdf, 332519597 haryana the punjab shops and commercial establishments act and rules.pdf downloaded: 147 times

Kumar Doab (FIN)     15 May 2014

If standing orders are applicable to your designation but are not certified then as per Model Standing Orders Sec;13; Notice Period during probation period is NIL and after confirmation of service it is 1 month only.

Service conditions (notice period) stated in standing orders shall prevail upon notice period stated in appointment letter.

Designation alone does not decide employee is covered as per def. of employee in various enactments.

Discuss in person with a competent and experienced  labor consultant/service lawyer. 


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