Resignation / termination

You should approach your labor consultant/service lawyer with copies of all of your docs, including but not limited to job advertisement, job application, offer letter, selection letter, appointment letter, standing orders of the compnay, service rules, resignations………………..spend quality time with your lawyer, give inputs, and understand the merits and proceed under expert advice of your lawyer.

Let your representations be structured by your lawyer.

You can also approach employees union, Trade Unions…………………

You may go thru:

Model Standing Orders: 13.        Termination of employment, 14.       Disciplinary action for misconduct, 16.          Certificate on termination of service, 17. Liability of 17[employer].--, 18.          Exhibition of standing orders.--

And similar clauses in CSO if your company has its certified standing orders and has extended it your designation.

You have posted that:

>> “Yesterday i spoke to HR people, he told that you are terminated due to the without prior intimation  ’

Record such transactions (audio/visual). It shall be an evidence for you to agitate.

If possible keep witness for evidence with you.

Have you received any termination order?

>> “i give the two times my resignation letter via mail. i have the mail copy for my resignation.”

Did you resign with immediate effect or did you tender notice of resignation?

Did you handover the charge under proper acknowledgment?

HR is not your employer. HR person is just another employee in the company. Probably HR person is not competent official to issue any termination order too.

Submit a carefully drafted representation preferably by redg. post addressed to good offices of your appointing authority, MD and:

---quote name of this HR person/designation/dept/address and that he has stated during discussion on dated………………….( mention in person/on phone and mention phone number, date and time of call and retain the bill/by email that company has terminated you although you have properly resigned by submitting resignation (attach copies) and have served full notice period of 3 months and request to allow you to examine your personnel file maintained by the company and seek an appointment say within next ……………………7 days to do so.

--- that company should state in writing under original seal and signature of the competent official that has issued termination order and copy of the termination order that has not been supplied to you be supplied to you along with certified copy its POD.

--that you have served full notice period and did not leave any task pending at your end and termination order as stated (verbally/in person/on phone/by letter as the case may be) should be withdrawn at once in writing by letter thru redg. post so as to reach you in next say 7 days.

>> “In my previous manufacturing company as per the company or HR policy i served more than three months notice period. still am not get any credentials like relieving & experience letter, final settlement etc. “

--that certified copy of the CSO (Certified standing orders), service rules of the company be supplied to you by redg. post and you should be informed by redg. post if any fee is to be deposited by you for getting CSO, service rules.

---that copy of any charge sheet, issued to you and inquiry conducted by company be supplied to you by regd. Post.

You may also demand that the acknowledgment of resignation, acceptance of resignation, correct FNF statement for acceptance by you, FNF dues by bank DD only, Form 16 as per correct FNF statement, Service Certificate, PF number/account slips for total tenure of service, ESIC Card, NOC/NDC, relieving letter be supplied to you by redg. post so as to reach you in next 7 days.

You may mention that a postage prepaid, self addressed envelope bearing postage stamps worth Rs……………..is attached herewith for supplying documents ad DD to you.

Based on the reply of the company you may proceed further.

Dear Sir,

As per your ques below answer from my side.

"Have you received any termination order?"  NO

"Did you resign with immediate effect or did you tender notice of resignation?" NO sir I served More than 3 months notice period as per the HR Policy.

  Sir, Pls clarify/explain the below details.

I quit the job 3 months back, but still not yet get any credential from the company. How long it will be take to provide  the resignation letter after complete my notice period?

Is there any rule after complete the notice period, the company will decide to terminate the employee?

The above two questions are positive from my side, next what the process that i have to do?

Company should have supplied the documents and payments by last day in office or max. by usual pay day.

If you are not able to handle the matter on your own you can approach along with copies of all the docs cited above and any other docs that might be relevant to your case :

Trade Unions

Lawyer/law firm: Your lawyer may opine that company has caused criminal breach of trust and criminal complaint can be filed.

O/O Labor Commissioner

Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

Civil Court

@kotty: Notice period starts after resignation. Did you serve the 3 months notice period after sending your resignation by mail? Then it is deemed a notice period. Else it is not considered notice period.

After your resignation did you speak to your manger or HR about your last working day? This is important as the LWD they give is your LWD. If not ,count 90 days from the day of resignation and take that your LWD.

Relieving letter, experience letter and final settlement will take time.Usually upto a month. Clarify all this with your HR.

@kotty: Notice period starts after resignation. Did you serve the 3 months notice period after sending your resignation by mail? Then it is deemed a notice period. Else it is not considered notice period.

After your resignation did you speak to your manger or HR about your last working day? This is important as the LWD they give is your LWD. If not ,count 90 days from the day of resignation and take that your LWD.

Relieving letter, experience letter and final settlement will take time.Usually upto a month. Clarify all this with your HR.

Thanks for your info Sir,

One more clarification. As per the company norms i give the prior intimation for my relieving and complete the notice period on july itself, but company didn't give the prior intimation to terminate ,they told some reason now (i have done mistake in my working period). is it possible to terminate after i gave my resignation letter and also complete my notice period? pls Explain

HR has already responded to you by informing you have been terminated.

Before issuing order of termination show cause notice should have been issued.

Prepare a list date wise of all representations made by you so far by phone/ in person/by letter/ by email etc…..

Show your docs, including but not limited to job advertisement, job application, offer letter, selection letter, appointment letter, standing orders of the company, service rules, HR policy applicable to employees……………….2 email resignations, list of representations already made by you to elders in the family, competent and experienced well wishers, Lawyer/law firm, trade union leaders and with their help draft a representation addressed to good offices of the company by letter thru redg. post and request to supply all of your docs and payment (as already mentioned in previous post) so as to reach you in say………………. Next 7 days, by redg.post. Mention that a postage prepaid self addressed envelope bearing postage stamps of Rs…………………………is attached for sending the docs/payment by redg. Post to you.

Based on reply or no reply of the company you may proceed further under the expert guidance of your counsel.