Notice period

You should not have tendered the notice pay before hand.

Were you asked to deposit notice pay in writing?

Was any FnF statement showing adjustment of notice pay, computation/credit of…………. unpaid wages, Bonus, Leave encashment, reimbursements, etc was provided to you?

Did you accept Fnf statement in writing?

1. You have posted that you submitted notice of resignation! Do you have its proof of dispatch and delivery also?

You should submit Final resignation also, of course under proper acknowledgment?

2. Are you a member of Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc?

If not why? You should become a member and then it shall be easy to defend yourself from exploitation by unscrupulous employers.

What is this establishment: Commercial, Industrial? What is its line of business: banking IT etc?

3. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?

4. What was your salary: Basic,DA……..etc and total.

5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?

6. What Has the change in notice period and other conditions supplied in writing to  you? Did you accept the changes in writing?

7. Did you get acknowledgment of notice/resignation, and acceptance?

8. Did you get appointment letter, Salary slip of all months?

9. You should write under proper acknowledgment that NO tasks are pending at your end and routine duties be assigned that can be completed on daily basis and within and upto expiry of notice period tendered by you……………………and to whom you should handover the charge within and upto expiry of notice period tendered by you. have acknowledgment of handover from your colleague?

You may reply pointwise to each point!

Thank you Mr. Kumar  for your reply. Please be informed that I am still serving my one month notice period. Please find below the response to your questions raised:-

1) I resigned through my official email ID and yes its there with me.

2) I am not a member of Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS.

    It is a commercial business company and it deals in IT business.

3) My Designation is Associate Consultant- Exchange/Messaging. My duty involves providing remote support to only one of the US based client of the company. We (Our Team) provide remote support for their IT unit I.E email servers. No, I do not have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?to any employee. 

4) My in hand salary comes to 26000/- INR per month.

5) Salary is provided every month. PF/UNO umber is also therewith me. They have also issued insurance cards (ICICI Lombard).I have not been provided with any form 16 till date in span of  12 months.

6) They have made some changes like " The acceptance of the resignation will be dependent on the availability of an equally or higher skilled competent resource on staff. In case of non-availability of a competent resource on staff, HR will initiate the hiring process to recruit a competent replacement resource. Acceptance of the resignation request will be shared within seven working days, upon recognition of a competent replacement on staff. Notice period will commence after the acceptance of the resignation."

 They made changes in policy and sent to each employee on their official email IDs but I never gave acknowledgement neither on email nor in writing.

7) They rejected my resignation stating "The reason for the non-acceptance of the resignation is, as stated in the separation policy – Section 10.5.1, Point ‘c ’ – “The acceptance of the resignation will be dependent on the availability of an equally or higher skilled competent resource on staff.” The endeavor is to provide the client with round the clock 24 hour support via different resources, in varied shifts. The process of hiring is currently underway, so that a resource may be available as a replacement, as soon as possible. You may expect an update on the hiring status in the next three weeks."

8) Yes. I got letter of intent and confirmation letter from company. I have salary slips for all months.

PS: I would like to add one more thing here. Few months ago they started deducting my in hand salary by Rs. 2300/- per month because there was amendment in the PF rule and needed more PF deduction. They sent an email which stated that is mandatory deduction. I am attaching that PDF. please check and let me know if this is correct?

9) I have not handed over the official data yet. I shall take confirmation on my last working day.

Many thanks in advance!!

Has any receipt of the notice pay been issued to you? Do you have any evidence (audio/visual/witnesses/minutes etc) of payment?

Form16 to be supplied for each financial year and usually by April/may it is supplied by all companies.

The complaint can be lodged with ITO-TDS where you file ITR and CIT-TDS where employer files ITR.

You can decline to accept the changes on the same email trail.

The employer has to deposit equal amount of PF.

Whatever be the business the service conditions (including notice period) are governed by various enactments applicable to the establishment/employer/employee e.g. ( Name of the state) Shops and Establishments Act/Standing orders (model/certified)…………….and these being Act/Statue/Instrument of Law shall prevail upon any private agreement that employer has drafted and signed with employee/rule/policy e.g. appointment letter/Contract of employment/service agreement/HR policy/Service Rules and regulations etc ………………………………and any T&C that is inconsistent with enactments shall not survive.

IT/ITeS/BPO/KPO are covered by these enactments.

You may go thru:

Delhi Shops and Commercial Establishments Act; Sec:2,30,37

Model Standing Orders;Sec13-18.

The notice period during probation period is NIL and is not more than 30 days ………………

NO Labor Official shall violate such enactments…………….

It employees have formed various unions and have also affiliated with Trade Unions e.g. CITU,AITUC,INTUC,BMS etc….

Download resignation sent from official email id and all other docs that are pertaining/relevant.

Resignation/Leave etc are personal matters and copy should be with both employer and employee and can be sent from personal email id.

You may submit a letter (notice of resignation) too thru Redg. Post citing reference of official email dated/time ..........subject ...........Notice of resignation etc ..........

Become a member of unions and be properly informed and protected and supported.

The company is likely to claim that you are not covered by any of the enactments while our able counsel may opine that you are covered by the def. of 'Employee' as in Delhi Shops and commercial Establishments Act and as 'Workman' as in ID Act.............