You have posted that;

---------“ i submitted my resignation and said clearly that i cant serve the notice period”

Did you submit notice of resignation ot resignation with immediate effect?

Did you state in writing in resignation that notice pay for shortfall in notice period be adjusted in FNF dues/statement/payment or that you be informed of the amounts you need to tender or that a relieving date be issued to you?

Did the company inform and reply to your notice of resignation or resignation?

The language in your resignation, reply of the company should be studied carefully.

----------“ but i was not given any option to buy my notice period”

The clauses on notice period and notice pay in lieu of it should be gone thru.

If there is a provision for notice pay in lieu of notice period and you have affirmed to tender notice pay you should not be at any fault.

----------‘ my manager said that you can leave but u will not recieve your relieving certificate and experience certificate.’

This should amount to acceptance of resignation?

Is the statements of manager on record in the shape of minutes submitted by you or internal communication or do you have any witness, evidence, recoding (audio/visual) etc………….?

You can always refer to the meeting in office…………….  

The condition of declinature of issuance of experience certificate, relieving letter be looked into separately.

Is it stated in standing orders, appointment letter or in any of the policies of the company (printed version) that if employee does not serve notice period experience certificate, relieving letter shall not be issued.

The declinature can not be as per whims and fancies of the line manager or HR.

---------“ After 2 months i was asked to report to duty ,”

Did you reply to it?

‘after 2 days a letter came from the company that i was terminated on grounds of "job abandonment for not serving the notice period". “

Did you reply to it?

Did you claim that you have not abandoned or absconded or abstained or absconded…………………

You have submitted resignation………………………and acceptance of resignation was conveyed to you in office on dated………………….by Mr/Ms………………

Has the company ever supply any communication to you stating that you have not been attending to office, you notice/resignation is not accepted/approved………………………the tasks are pending…………………the charge is not handed over………………….company property is not submitted………………exit formalities are not completed etc ??

Your termination is probably viewed as ‘Beneficial Termination’ by the line managers/HR. Probably it is their perception that your termination shall send direct message to other employees and  shall subdue all other to become 100% compliant employees.

The line managers/HR and their masters with such mindset want all employees to be 100% compliant to their tantrums.

--------“ Should i disclose this termination information in my biodata. ‘

You should not ever conceal or make any false statement. Submit the facts.

----------“ but u will not recieve your relieving certificate and experience certificate.. same response came from HR.”

Does the standing orders applicable to the company, appointment letter, and any of the policies of the company state and confirm so in writing???

Majority of the companies litter nuisance and turn vindictive, zealous, adamant, recalcitrant, if there inner wishes are not complied with by the employee………………………………………

They take penultimate action and burden the employee with litigation.

They are rest assured that their action shall at the most fetch a civil litigation and no one shall be behind bars……………………………..There shall be no suite for defamation, malicious proceedings, falsification of record, malafide intent, coercion, intimidation, legal injury…………………………..etc etc……………..

The employees make a great mistake by not uniting, by not becoming member of trade unions……………………………………………….and thus embolden the line managers/HR and promoters/employers………………… to continue to step on the toes of employees.

You should demand to allow you to examine the service card, personnel file, all formats/forms ( as prescribed under enactment like Shops and Commercial Establishments Act) related to your employment and entries made theirin………….

In case of dispute employee can approach Lawyer, Trade unions, Inspector under Shops and Commercial Establishments Act, O/o Labor Commissioner, civil court, police, courts of law…………….

You may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, service agreement, letter/notice by the company, termination email  etc to your labor consultant/service lawyer……………….and proceed under the expert advise of your lawyer.

well elaborated by Mr Kumar Doab

Thanks for your reply sir. to answer your questions one by one

1. i submitted my resignation in a  tool and i have acknowlegement from my manager stating that i resigned .

2. i discussed verbally about the notice pay with my manager and hr and dont have a record of it .

3. i replied to termination letter but it reached 2 days late. i stated in the letter that i am ready to give the notice pay .

4.I got a reply for the letter stating that you were on unauthorised leave for past 15 days so and so you didnt respond to the letters so we are terminating you.

5.the with helding of the relieving certificate is not stated in the contract.

6.they convinced me that you must report on certain date which i failed and explained to them but still they responded with least care.

7.the date which they mentioned that i was absent was saturday and next day is sunday is it normal for company to include holidays as a day or its their careless mistake.

8. i was a probationer worked for 8 months not a confirmed employee.

 pls clarify my doubt ....can i take part in government exams? should i conceal the termination information or should hide my previous employment as i was only a probationer with 8 months work experience.. now i am currently working  in a psu where rules are employee oriented .

 my sincere thnx for replying to my post. thnx in advance.

sir adding to my reply i submitted my resignation medical grounds.

sir i find that in declaration section of ssc cgl application these words "I also declare that I do not stand debarred by SSC/UPSC as on date and have never been convicted by
any court of law. I also declare that no criminal case is pending against me. Further declare that I have
never been dismissed or removed from Govt. Service or my service been terminated during probation."

 i also attached a pdf file of ssc declaration page

thnx in advance

“Further declare that I havenever been dismissed or removed from Govt. Service or my service been terminated during probation."’

You have been terminated (although not by from Govt. service) on the charge of ‘unauthorized leave’. This charge is in the shape of a letter issued and supplied to you. This charge pertains to misconduct and seems to be duly inserted in your personnel file maintained by the company.

You may carefully go thru standing orders applicable to the company (certified or model), appointment letter issued to you, Service and conduct rules, HR policy, leave policy, exit or severance policy etc or in any of the policies of the company (printed version)………………………………..and relate it your case.

It is felt that employee should not conceal anything and should state the facts.

If the order of termination is bad then you should act properly and let it be called back with your efforts or thru trade unions or thru lawful authority, court of law…………………

Rest is up to you.

You may consult and spend quality time with elders in the family, competent and experienced well wishers, Trade Union leaders, lawyer/law firm……………………..and proceed under expert advise.

Apply your judgment and choose wisely the option that is most suitable to you.

Assume that if last employer or some vindictive or zealous manager, colleague informs current employer you would need to explain and face the situation. 

The files attached by you could not be downloaded.

There are a few points which are not responded by you, and you have posted new information.

You may arrange all documents, events and proceedings, your reply, date wise in your file and approach your lawyer.

Now all replies, representations should be preferably structured by your lawyer and proper care should be taken to cover the loop holes and loose end if any so far at your end.

 ----“Did you submit notice of resignation or resignation with immediate effect?”

Implying if you tendered notice of resignation did you serve the notice period tendered by you?

“i submitted my resignation in a  tool and i have acknowlegement from my manager stating that i resigned “

Implying your resignation has been duly received by the company’s official that has access, interference, intervention and control in software ’Resignation Tool’.

You have not recorded minutes of your meeting in writing with your managers/HR. This is a blunder which majority of the employees commit.

It is for sure that the managers and HR must have recorded their minutes in resignation toll or separately and it must have been inserted in your personnel file. Their comments have lead to your termination.

“sir adding to my reply i submitted my resignation medical grounds.”

Did you submit medical certificate/Prescripttion of doctor/medical record?

Was your medical leave approved?

The companies are aware that employees tend to separate citing medical grounds.

Companies as per their own inner wisdom want to stop employees to separate on such grounds or else majority of the employees will keep on citing such grounds and separate successfully.

Your termination shall be perceived as ‘Beneficial Termination’ by the line managers/HR/company and shall help to deter other employees.

-----“Did the company inform and reply to your notice of resignation or resignation?’

Implying did the company accept your resignation, issue some relieving date and did it ask you to complete some exit formalities……………….?

If NO then on the strength of what record company’s line managers, HR are claiming that you were absent? You need to counter company’s claim.

------“I got a reply for the letter stating that you were on unauthorised leave for past 15 days so and so you didnt respond to the letters so we are terminating you.”

“After 2 months i was asked to report to duty , ‘

Both these statements are contradictory.

You have resigned and you have acknowledgment of resignation.The managers, HR have accepted your resignation in office and declined to issue relieving letter, experience certificate.

Therefore why should you have been reporting for duty?

Your lawyer may opine to charge for falsification of record.

---------“ i was a probationer worked for 8 months not a confirmed employee.’

Model Standing Orders: The notice period during probation period is NIL.

{13.        Termination of employment. You may also go thru Sec14,16,17}

If company has its certified standing orders, refer to it.

The service conditions including notice period/pay stated in standing orders can not be negated in appointment letter. Standing Orders shall prevail upon appointment letter/contract of employment.

The notice period is also stated in Shops and Commercial Establishments Act. You may refer to it as well. The notice period can be compensated by notice pay.

You may find the following threads as relevant and useful:

https://www.lawyersclubindia.com/experts/Notice-period-not-served-in-full-425096.asp#.UlAwjdKAqWM

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM

https://www.lawyersclubindia.com/forum/Empolyer-forcing-for-notice-period-89058.asp#.UkAj49KAqWM

 There are employees groups and unions of employees in IT/ITeS/BPO sector. These groups have succeeded in many matters. They may help you and your collective efforts may fetch you some relief.

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

IT/BPO Voice of India | Facebook

CBPOP (Centre for Business Process Outsourcing Professionals’)

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/‎

It is reiterated that you should consult your lawyer.

Mr Kumar Doab has knowledge , time and energy to give such details advise.

It is you who has to utilise the advise.

Thank you sir for your valuable advice..

 i am going to approach a lawyer for my situation . Will update soon what happened in my case

thank you once again

Heartfelt thanks to:

Mr. Sudhir Kumar for prompting the querist, fellow employees, citizens, members and readers to initiate action.

And Querist too for posting that he agrees to prompt of Mr. Sudhir Kumar and shall be approaching his lawyer to proceed further. Approach IT employees union and trade Unions too. In the state of Karnataka the united employees initiated a campaign (used internet, facebook to great advantage) and  succeeded to end the blanket exemption granted from provisions of Industrial Employment Standing Orders Act. Karnataka was the first state and some other states followed Karnataka. Employees are a huge vote bank. Which Govt. can ignore it? Trade unions are willing to embrace employees in this sector. If the employees unite in other states too then application of standing orders shall start again and this would be to the great advantage of employees in this sector.  Please keep this thread updated.

Mr. Sudhir Kumar has helped to serve the purpose of this esteemed forum. Please continue to prompt and motivate one and all to take their matters to its logical conclusion.

There are threads to indicate that terminated employees got prompt relief of reinstatement/calling back the order of termination under Shops and Commercial Establishments Act, in case of employees which were claimed as non workman by their employers/companies………………………..The lawful authority/court of law did not agree with contentions of employers/companies…………………………

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.UcRuGjuAqWM

Discussion > Labour & Service Law > Employment > Suit claiming damages and criminal case

As it can be understood from various publications the employees in the IT/ITeS/BPO sector are a harassed, exploited and suppressed lot. They are burdened with Security by FD’s and lien on it by employers, Service Agreements, Bond’s, coercion to register with NSR which is a private body (even by a written statement in appointment/offer letter) threats to black list in NSR, extended/long working hours without any OT, non payment of wages, making relieving letter mandatory, holding relieving letter (while relieving letter is a practice adopted by employers and not legally enforced document.)

{https://www.lawyersclubindia.com/forum/Security-amount-return-refused-by-organisation-89912.asp#.UlDy_tKAqWM}

As per law/statue service certificate is the only document which is mandatory to be issued by employer and there is no scope for any adverse comment in it etc………………..service card should be maintained which does has column and scope for commendations (and not for criticism/negative feedback)……………………………

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Industrial+Employment++Act,+1946/The+Industrial+Employment+(Standing+Orders)+Central+Rules,+1946

There is great need for lawyers/law firm too to initiate specialized consultation to cater to the needs to the employees in this sector. The lawyers that start now shall be benefited too. The scope is huge as employers as in any other sector won’t shun their ways.

Employees should not hesitate to become a member and approach trade unions, work committees, grievance redressal units………………………

As in ID Act ‘Works Committee’ is an authority.

May we request other members and experts too to help and contribute……………!!!!