Resignation without complete notice period

The HR Manager has jealously stated law of the land and his knowledge of the law of the land. He has conveniently forgotten that it is his being HOD, and department’s duty (HR) to process the requirements of confirmation of service well in time and supply the letter of confirmation of service to the employee in time, and preserve the copy duly accepted by the employee in record of the company and in personnel file of the employee.

While he has conveniently forgotten that he, his department is actively involved in the process of finalizing the text of terms and conditions of the appointment letter and he has the copy of the appointment letter issued to you in his files and as per the appointment letter, confirmation of the service of the employee shall be subject to the performance and satisfactory medical check-up of the employee.

This HR manager is hell bent on crating nuisance and arm twist the employee to remain on board for 2 months, even after the acceptance by your HOD and management.

Do you the copy of acceptance?

Once you tender notice such HR guys shall also tell you that salary etc shall paid in F&F.

It is believed all the contentions of this knowledgeable HR HOD are verbal. If he has stated these in writing by email or letter you may send a fitting reply or a legal notice thru your lawyer/law firm.

Such HR HOD shall continue to litter nuisance as they know majority of the employees suffer in silence, and in majority of the issues litigations are avoided and hence they have not suffered any punishment. One determined employee is sufficient to subdue them. In highly unionized trades you may not find them making such tantrums.

From your side you may record by a letter, the contentions of this HR HOD as a response to your notice of resignation, (including as per law of the land leave is not permissible during notice period) in chronological order with date, time etc and submit it under proper receipt.

You may mention about your date of separation, and ask to adjust the paid leave, pending incentives etc, in balance 20 days notice period.

You can submit your medical leave with proper Rx and if rest is advised by the doctor.

You may submit all the company property under receipt including I card visiting cards, and demand to settle your account, to issue form 16, F&F, relieving letter, work experience certificate, PF accumulation reports, PF number(if not communicated to you) etc with in say one month.

The HR Manager having confirmed that your services are deemed to have been confirmed, address a letter to the CEO/Managing Director, for the revised pay for your tenure of "deemed" confirmation, as is given to other empoyees placed in similar grade/cadre, including increments and any other perks. Out of this one year differential pay, the HR Manager may happily adjust two months pay (basic only) in liue of two months notice.
Enlighten us of the response from the HR Manager!

Initiate your action as advised by learned Mr. V. Vasudevan.

Do enlighten us of the response from the HR Manager!

You should be smart enough to find your own ways and means to somehow record the contentions of HR Manager!

We are all admiration for the advice of learned Mr. V. Vasudevan.

LCI has on board learned experts/members who have enriched the forum with their expertise, knowledge, and self less service.

Like a doctor a lawyer also alleviates the human suffering.

In today’s contest it is important to know the basics and keep oneself updated and do not act in haste and get trapped and then unnecessarily create uneasiness for self and family.

LCI is a unique forum of its own kind, and if one carefully devotes time to go through the posts one can learnt a lot.

It is, however, important to remain a polite, humble, good human being.

Dear Vasudevan Sir,

The CEO/MD & HR Mgr says that confirmation letter will come only if there is revised pay after getting confirmed. They claim that in my case there is no salary revision and hence the confirmation letter in paper has not been issued. Hence they say that I have to consider that I am automatically confirmed even if the clause of auto confirmation is not mentioned in my appointment letter.

In my previous company, the confirmation letter was not issued. But the clause of auto confirmation was incorporated in my appointment letter.

Kindly advice.

The advice of learned experts/members of the are also sought to help Mr. Keechu.

You have mentioned:

-As per your appointment letter "confirmation shall be subject to my performance and satisfactory medical check-up."

This implies that until or unless you are confirmed in writing you are not deemed to be confirmed in writing.

Once company has stated in writing, they have to conduct it or they have to waive off it in writing.

You may check your appointment letter and confirm if it is stated that after the satisfactory performance and medical check-up, you shall be confirmed in writing.

What was done by the company in case of other employees, placed in similar grade/cadre, including increments and any other perks? Did they conduct performance appraisal and medical check up? You must be having record of your performance and thus your performance can be rated compared to others.

Has the company conducted any performance appraisal, on the prescribed format or medical check up?
If yes what was the rating of your performance, and what was the report of medical checkup?

Have you received a copy of both? These are to be conducted in a fair manner and you are otherwise supposed to sign the both.

Have you sent any written communication after probation, that your services due for confirmation and you have not received any confirmation letter?

-Your resignation is accepted by HOD and management. Is it in writing? Have you been advised to serve the notice period for 2 months in the written acceptance? Is is stated in the letter of acceptance of notice that further instructions shall be issued to you by say HR Manager, or for further instructions you may contact say HR Manager.

Such matters can not be left to wild guesses and imagination.

-"The CEO/MD & HR Mgr says that confirmation letter will come only if there is revised pay after getting confirmed. They claim that in my case there is no salary revision and hence the confirmation letter in paper has not been issued. Hence they say that I have to consider that I am automatically confirmed even if the clause of auto confirmation is not mentioned in my appointment letter.

In my previous company, the confirmation letter was not issued. But the clause of auto confirmation was incorporated in my appointment letter."

It is believed that your representations are verbal, and hence company is comfortably making verbal comments to subdue you so that you submit to their inner wishes and unfair practices. They shall not be comfortable to make such statements in writing.

You may represent in writing, and let the response come to you in writing.

You have all the right to obtain their interpretations and instructions in writing.

Hi Kumar,

I have not received any thing in writing (letter/email) till date telling I am confirmed. Follow up emails from my Boss at that point of time for my confirmation resulted in a reply by email that confirmation letter has been prepared and is awaiting GM's signature and that the same would be send this week. This reply from HR dept was in the month of May-2010 after which there has been no mails or replies. Also performance appraisal was conducted twice (Mar-2010 & Mar-2011), but the results were not published. No medical tests were performed for Confirmation purpose.

My resignation was initially send through email. Further email communications from HR manager asked me to serve 2 months notice period after my HOD & management has accepted my resignation. To this I replied by mail informing him that since I have not yet received my confirmation letter, only 1 month notice is applicable. HR manager replied by email that If I have not received any confirmation letter after 6 months, if it is deemed automatically confirmed, as probation is only for 6 months. I highlighed that the clause of automatically confirming me is not mentioned in my appointment letter to which HR manager has replied by email that By Law, if confirmation letter is not issued and if you serviced more than 480 days any individual is automatically confirmed. Moreover,  acceptance & relieving earlier depends on your HOD & the Management decision.

Now after a meeting with CEO/MD in which he kept repeating the confirmation clause by law and serving the notice period, I had put in a mail to my line manager, his boss, CEO & HR Mgr requesting them to relieve me in 10 days. In this mail I had scanned by signed resignation letter and attached the same with the mail. Also I had asked them as to whom I have to handover the company assets issued in my name. This happened 2 days back and till date there has been no reply from anyone of them. Today I am putting yet another request mail requesting them to relieve me in 10 days from the day I have put in my papers and also asking them as to whom I have to handover the company assets to.

This is the present status as of now.

Request you to kindly advice further course of action.

Keechu

The advice of learned experts/members of the forum is also sought to help Mr. Keechu.

You have mentioned:

1."I have not received any thing in writing (letter/email) till date telling I am confirmed. Follow up emails from my Boss at that point of time for my confirmation resulted in a reply by email that confirmation letter has been prepared and is awaiting GM's signature and that the same would be send this week"

And "HR manager replied by email that if I have not received any confirmation letter after 6 months, if it is deemed automatically confirmed, as probation is only for 6 months"

This implies:

-confirmation letter was not sent and supplied. At the time of confirmation the company has to confirm in writing the terms of appointment remain same or any additional terms shall come in force. You have to acknowledge the receipt in writing, and give your acceptance to terms of employment post confirmation.

-The email of your boss (reporting authority, and also immediate authority to conduct annual performance appraisal) pointed out by you should be sufficient to indicate your performance was up to the mark or better so as to confirm your services based on performance parameters.

2."Also performance appraisal was conducted twice (Mar-2010 & Mar-2011), but the results were not published"

Hope you were updated, trained, educated, and counseled each time, on the process of annual performance appraisal. In Performance appraisal weight age is given on Role, responsibilities, KRA's ( Key Result Areas) vis a vis measurable parameters, and points are given. It is an exercise in which both the reporting authority and reportee have to sit together and fill up the prescribed forms and both have to sign on the form and reportee is to be given a copy then and there. The reportee fills up his future plans and reporting authority fills up his evaluation and coaching comments.

You are well within rights to demand a copy of the same. In the present case for your benefit, at least recent one of  March 2011.

3."No medical tests were performed for Confirmation purpose."

Then why the company has forced this condition in the terms of employment.

4."HR manager replied by email that If I have not received any confirmation letter after 6 months, if it is deemed automatically confirmed, as probation is only for 6 months. I highlighted that the clause of automatically confirming me is not mentioned in my appointment letter to which HR manager has replied by email that By Law, if confirmation letter is not issued and if you serviced more than 480 days any individual is automatically confirmed. HR manager replied by email that if I have not received any confirmation letter after 6 months, if it is deemed automatically confirmed, as probation is only for 6 months. I highlighted that the clause of automatically confirming me is not mentioned in my appointment letter to which HR manager has replied by email that By Law, if confirmation letter is not issued and if you serviced more than 480 days any individual is automatically confirmed."

HR manager has confirmed in writing that confirmation letter was not issued and you are deemed to be confirmed.

5."Now after a meeting with CEO/MD in which he kept repeating the confirmation clause by law and serving the notice period"

-You must have escalated the matter to the good office of MD and instead of MD, HR manager kept on asking you to serve the notice period.

MD has not replied in writing, and you are being tricked to subscribe to the tantrums of HR manager.

You should be smart enough to obtain the response in writing from good office of MD.

-"Moreover, acceptance & relieving earlier depends on your HOD & the Management decision."

Is this/this kind of statement is written in your appointment letter?

6."The CEO/MD & HR Mgr says that confirmation letter will come only if there is revised pay after getting confirmed. They claim that in my case there is no salary revision and hence the confirmation letter in paper has not been issued. Hence they say that I have to consider that I am automatically confirmed even if the clause of auto confirmation is not mentioned in my appointment letter."

Probably they are trying to seek refuge in designation “Sr. Manager" given to you.

Some bare minimum revision in salary is given. At the most if market circumstances are compelling and company may  state that this year due to present business climate, there is pressure on reward budgets, and hence company is applying the principle of moderated pay increase for all employees.

In your case they have bluntly stated there has been no salary revision and hence confirmation letter has not been on paper has not been issued. This statement also conflicts the email by your boss stating your confirmation letter has been prepared and is awaiting signature by GM. The email of your boss (reporting authority, and also immediate authority to conduct annual performance appraisal) is sufficient to establish that your performance was satisfactory and not bad.

By all means obtain copy of your appraisal at least of March, 2011 and increment given to others as explained by Mr. Vasedevan.

You know what your performance was: poor, fair, good, excellent, and you must be having data and records to establish.

Use your resources and rapport to collect all the relevant data and records before you stop going to office.

Has the company terminated any employee in your knowledge at any location? If so what was the notice period and notice pay imposed on him, 1 month or 2 month.

The conduct of the company seems to be deceptive and bad. They are making interpretations highly weighed towards them and are hell bent on causing harm and loss to the employee and employability.

You have asked them to be relieved in 10 days by email.

If you feel it appropriates you:

You may mention that within 10 days you would like to help to conclude the tasks if any assigned and explained to you and to handover the charge and help the new person who shall take charge from you, you may demand   to settle your account, to issue form 16, F&F, relieving letter, work experience certificate, PF accumulation reports, PF number (if not communicated to you) etc.

In all your representations be polite, decent, gentle, and raise the points in the form of queries.

You may show all your documents to your experienced and competent well wishers/local service lawyer/law firm and let them draft your communications.

Although designation given to you is SR Mgr, however it may be a decorated one, and duties and work assigned to you shall determine you are executive or workman. With the advice of your consultant you can file complaint with labor conciliation officer. You can contest the matter yourself or thru labor consultant. In your complaint you may ask for the copies of your appraisals and increments given to your peers. This should solve your problem.

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