rahul (manager) 20 September 2014
Kumar Doab (FIN) 20 September 2014
>>> The notice period applicable to you may not be even 30 days...............................................it can't be beyond as stated in Labor Laws applicable to the establishment.
First of all record the hell like situation/torture (audio/Visual) and keep some witnesses..........................and gain access to seasoned Employee's Union/Trade Unions Leaders, Labor Law Consultant/Service Lawyer and show all of your docs and record and proceed under expert advice of your lawyer.......................
In the meantime you may go thru following threads and you shall be absolutely clear:::
https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM
https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA
https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM
https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM
>>> You are in which state? Does the company has an office at your location and is it registered?
What is this establishment: Commercial or Industrial?
Does it have its certified standing orders and has it extended it to your designation?
Does Industrial Employment Standing Orders Act/Model Standing Orders apply to it and does it cover your designation?
What is your designation and nature of duties?
What is your length of service?
Are you under probation or your service is confirmed in writing?
Have you signed any BOND?
Raju Kumar Das (Na) 22 September 2014
Hi,
Due to my ill health i have resigned from the company on 19th Sep 2014 and convey them i can work till 30th Sept 2014. I am having only offer letter from the company and i work for 3 months. Now they are not acknowledging my resignation . In the offer letter it is not mentioned that i cannot resign on medical ground.
It will be not be possible for me to work after 30 sept 2014.
Whether it will be any problem with my next employee if i don't have reliving letter .
Kindly advise
Kumar Doab (FIN) 22 September 2014
@ Raju Kumar Das,
Always initiate a new thread.
For resigning from employment employee does not need to give any reason.
Employee does not have to fall sick to resign.
You are located in which state?
The redg. office/HO of the company is located in which state?
How many persons are employed in it?
What is its line of business; IT, Banking, insurance etc…….?
The company has issued offer letter or appointment letter both? Has any notice period/pay of…………………………. months been stated in offer letter or appointment letter?
You are in which state now? Does the company has an office at your new location and is it registered?
What is this establishment: Commercial or Industrial or Small Enterprise?
Does it have its certified standing orders and has it extended it to her designation?
Does Industrial Employment Standing Orders Act/Model Standing Orders apply to it and does it cover her designation?
What is your designation and nature of duties?
Were you under probation or confirmed in writing?
The issues is that employee’s either do not unite or do not become members of unions do not form ‘Work’s Committee’/IC/GuilD,,,,,,,,,,,,,,,,,,,,,,and are ill informed to handle their issues……………………..then they are apprehensive to approach unions and lawyers even when they suffer…………………
Are you aware that ‘‘Work’s Committee’ is an authority under ID Act and employee’s can negotiate service conditions with employers……………………………..and that Chairman/President is from Employee’s side and the committee has equal number of employee’s as members?????
However discuss everything with elders in your family and choose the option that suits your aptitude.
Notice period is not dependant upon whims and fancies of employer and any T&C inserted by employer in any private agreement drafted by employer and signed with employee.
The notice period applicable to you may not be even 30 days...............................................it can't be beyond as stated in Labor Laws applicable to the establishment.
You must explain the matter preferably in writing and convince the next employer that current employer is unwilling to issue relieving letter hence you should be absorbed on the strength of copy of resignation notice only. You should also negotiate to buy notice period and pay the notice pay unconditionally, immediately upon joining.
You may go thru a similar thread at:
https://www.lawyersclubindia.com/forum/Relieving-letter-issue-109520.asp#.VCAEKpSSwb8
Aditya Mishra (noo) 23 September 2014