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Anoop (Software Developer)     23 June 2014

Resignation letter

Sir

I had joined in an IT company on 16/06/14. But due to some reasons I wish to resign from this company. I worked here 7 days. I did not received  any offer letter/ appointment letter from the company till now. And I did not signed any documents. They informed me about the joining date, salary details and notice period duration through phone. No emails or other official documents has been received till now. So do I need to serve the notice period or do I have to face any consequences if I  didnt served the notice period? Shall I need to submit a resignation letter since there is no official documents regarding my appointment?



Learning

 5 Replies

K.K.Ganguly (Advocate)     24 June 2014

1. Did you sign any attendance register?

 

2. Did you sign any official paper during your stay in the ofice,

 

3. If no, then you may leave the company without any esignation letter,

 

4. Alternatively you can send them a letter stating that since they have not issued any appointment letter,, you are unable to join them.

Anoop (Software Developer)     24 June 2014

Thank you sir I had signed the attendance register and I received an employee code from the company. But I didn't received or signed any OL or AL. I submitted my resignation today stating the reason that I am resigning for higher studies. The actual reason was that the company is using a very outdated coding standard that no other IT company is following now. The knowledge and experience that I acquire from the company will be completely useless and I may not be able to join any other company. I spoke with the IT head about this and he became very angry and told me that he is going to make a remark about me(absconding) in their association so that I won't be able to join any other company. Is that possible, because I resigned with a very solid reason. Also I didn't signed any official documents.

K.K.Ganguly (Advocate)     25 June 2014

1.You have not given the complete fact in your first post, 2. You have signed the attendance register duly recording your attendance, 3. So, you can not claim now that you were not employed there, 4. Moreover, you have resigned citing the ground of higher studies which will be logically challenged by the Company stating that you this is not acceptable reason for them to releave you, 5. You should have resigned on health ground which is beyond anybody's help, 6. The Company now may declare you absconder with its property to harass you, 7. Settle the matter with hem amicably in your interest.

Kumar Doab (FIN)     25 June 2014

Record the threats of the employer (audio/Visual).

Resignation can be without permission and notice.

You can include as many reasons in subsequent Communications………………..and quote wages pledged by phone but not being supplied in writing and also offer letter, appointment letter………etc……………

 

Notice period/pay is part of service conditions and does not depend upon T&C inserted in appointment letter drafted by employer or any other private agreement……………………………alone.

Employer and establishment is subordinate and servant to various Law of the land and enactment applicable to it.

 

The IT/ITeS companies are covered by (Name of the sate) Shops and Commercial Establishments Act of the state……………………… An Act to amend and consolidate the law relating to the regulation of hours of work, payment of wages, leave, holidays, terms of service and other conditions of work of persons employed in shops, commercial establishments, establishments……………

 

 

Notice period/pay is part of service conditions and shall apply as stated in this Act………….

 

 

For 7 days of service in any state as per this Act Notice period is NIL.

 

 

The standing orders may apply to the company and if these are certified you may go thru these and if these are not  certified Model Standing orders may apply, you may go thru Sec13-18. Notice Period during Probation is NIL.

 

 

YOU MAY ALSO DOWNLOAD THE HR POLICY/ SERVICE RULES AND REGULATIONS………………………….AS APPLICABLE ON DATE OF JOINING, AND AMNEDED THEREAFTER…………………………AND GO THRU THESE AS WELL.

 

 

 

You may be covered as ‘Workman’ as in ID Act, ’Employee’ as in Shops and Commercial Establishments Act.

 

Designation alone does not decided employee is a workman/employee or not.

Before declaring ‘Absconder’ company should have supplied the communications, notices, legal notice, and advt in paper……………………!!!

 

‘Absconder’ is a derogatory word!

 

For reason explained by you the employer can not Blacklist you in his company leave apart in any other or any union of employers…………………….

NO Unions has such power or discretion.

You may go thru:

https://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/

« RTE ACT

Cranes Software: No pay since March 2009 »

In NSR can a employee be black listed, I am asking this as some employers have said this to employees!

Posted by itnitesunion on June 23, 2010

 

 

Even if you absconded the payment of wages (7days) can not be delayed and employee can be penalized for non payment of wages/delay by say Rs.7500/instance………………..

 

FnF wages are to be paid on last day in office or within next 3 days or max. by usual pay day……………….Relieving letter/service certificate has to be supplied on last day in office.

 

Unpaid wages is debt on employer…………

 

You may go thru many threads e.g;

https://www.lawyersclubindia.com/forum/Denial-of-relieving-letter-service-letter-104351.asp#.U6qBVJSSwb8

 

https://www.lawyersclubindia.com/forum/Company-not-clearing-my-accounts-104413.asp#.U6qBBpSSwb8

 

and other threads mentioned in it.


Attached File : 312574445 can nasschom blacklist an employee.doc downloaded: 102 times

T. Kalaiselvan, Advocate (Advocate)     26 June 2014

Your query has been thoroughly addressed by expert on the subject Mr. Kumar Doab, hope you are convinced about your position now?, you may follow the advise, if need be through a lawyer.


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