Provisional relieve letter

1. Record all threats (audio/visual/witnessed/minuted).

2. As per company's inner,private policy only you have been issued with agreed upon LWD, relieving letter and FnF statement.

You may claim that within and upto LWD all works were performed by you and NO tasks are pending at your end and NO Task can be c/f after LWD.

You may also affirm to HO/appointing authority/MD that it is only after you have escalated the reason for resignation ( as asked from you by HO) that unfair demands are made to YOU (work beyond LWD) although you have firmed up next venture/source of livelihood.And on the top of that a threat of declaring you 'Absconder' has been made.

3. The notice period of 90days may not neccessarily be applicable even if it is inserted in appointment letter drafted by employer and signed with you.

What is this establsihment: Commercial/Industrial?

How many persons are employed in it?

You ,your reporting office,Redg. office,Corporate Office is located in which state?

What is your designation and nature of  duties?

Do you have any power to sanction (not just recommendation); leave/increment/appointment/termination?

Can your recommendations be amended/cancelled by anyone above you?

Does the establishment has its certified standing orders and does it cover your designation?

Or do Model Standing Orders apply to it and your designation?

Can employer terminate employment without notice period and/or by tendering notice pay in lieu of notice period?

Are you a member of employee's/trade unions?

Have you consulted an able labor Law Consultant? What is the opinion of your counsel?

3. Shall the next employer support you?

Have you firmed up everything in writing with next employer?

I had a detailed discussion with my HR.They are wanting to extend me here and changed my last working day.I clearly mentioned I cannot compromise on my last working day as I have committed myself elsewhere.Now they said please be ready to face the consequences.I fear that they might not give me my relieving letter/experience certificate or ask me to pay heavily(not there in provisional FFS).However it was clearly mentioned that last working day can only be changed with unconditional concurrence with employee.Also my resignation acceptance letter clearly mentions my last working day.Please help what to do?.If they even terminate me I should get my service certificate right?

You have not replied pointwise to all points.

Record all threats (audio/visual/witnessed/minuted).

You may escalate to good offices of appointing authority,MD,Chairman and exhaust internal options.

If you are unable to resolve on your own lean on your able cousnel.

Hi All, I had a word with HR heads.Even they are not willing to accept my last date and according to them the last date has been changed.As a result recently I was issued a show cause notice and if I donot reply to them within 3 days they say my case will be disposed off.I donot know what to do?Please help

If employee has decided to retire by resignation then employee shall choose the date of retirement/LWD.

Consult an able Labor Law Consultant ASAP and submit fitting reply to SCN under proper acknowledgment.

Another option is succumb to the demands of company.

In that case too submit fitting reply to SCN under proper acknowledgment.

You have still not replied pointwise, to all points.

What is this establsihment: Commercial

How many persons are employed in it? more than 1 lakh

You ,your reporting office,Redg. office,Corporate Office is located in which state? West Bengal

What is your designation and nature of  duties? developer

Do you have any power to sanction (not just recommendation); leave/increment/appointment/termination NO

Are you a member of employee's/trade unions? No

Can your recommendations be amended/cancelled by anyone above you?Yes

Does the establishment has its certified standing orders and does it cover your designation?

Or do Model Standing Orders apply to it and your designation?IT sector doesnot come under Industry Employment Act I guess

Can employer terminate employment without notice period and/or by tendering notice pay in lieu of notice period?yes

You have still not replied pointwise, to all points.

"IT sector doesnot come under Industry Employment Act I guess"

If state of West Bengal has not granted exemption then it does come under the Act.

You may be covered as 'Employee' as in The West Bengal Shops & Estbs Act and max. notice period as per length of service may not be more than 30days and this Act shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee e.g. appointment letter, contract of employment, service rules and regulations ,HR policy,employee handbook etc

The contract of employment should promote equitable discretion e.g; notice period and notice pay in lieu of notice period for employer and employee should be equitable, or it can easily be termed arbitrary.

If employee has decided to retire by resignation then employee shall choose the date of retirement/LWD.

Consult an able Labor Law Consultant ASAP and submit fitting reply to SCN under proper acknowledgment.

Another option is succumb to the demands of company.

In that case too submit fitting reply to SCN under proper acknowledgment.

Lean on your able labor Law Consultant.

You may follow the advises rendered by expert Mr. Kumar Doab or may contact and consult a local advocate dealing with labor or service law matters.