Narayana
27 November 2013 at 15:58
I am a Central Gov. employee with more than 26 years experience. Can I give notice for Voluntary Retirement before 6 months of actual VR date ? (i.e. in March to retire in september). Whereas the min. period of notice was given as 3 months, Can an employee give -6- months notice in order to get prior approval & get the processing going on for pension, etc.. closure formalities ? What are the employer's options in such a case ?
God is there for good people
27 November 2013 at 14:58
Dear Expert forum,
My sincere apologies for deleting the post that I had posted due to some critical reasons that would have affected me at that point of time, had it been remained in the public domain. Now I feel free to post the query. Hope you oblige and take. Regret the inconvenience caused. Regards, The query for which I require your valuable guidance is as under.
--------------------------------------------
Dear Sir,
I got appointed as an employee in Staff function through proper interview and fair recruitment process in one of the premier Educational Institutes of India governed by the Ministry of HRD, Government of India in the month of May 2013.
The appointment was on contractual basis for a period of three years with a performance review at the end of the first year (consolidated pay of Rs. 75,000/- p.m. for the first year) after which I was to be absorbed in the Central Government PB 4 ( Rs.37400 - 67000 )plus Grade Pay of Rs. 10000 p.m. ,with a one month notice period on both sides for termination of employment. The appointing authority is the Director of this Institute.
As this was a new function introduced in this Institute, since the time I joined I had been regularly contacting my Director (appointing authority) to sensitize me about my job responsibilities for which he has been avoiding, saying that he is busy with other more important assignments and asked me to do whatever I feel good for the profile. Finally after a month and a half, after a lot of persuasion from my end he asked me to report to one of his confidantes holding the next position to him in this Institute as my Supervisor. I then was regularly following my Supervisor for clearly defining my job responsibilities but he too always avoided me saying that he has to speak to the Director and come back, which never happened. (as I assume he too was not clear on any job responsibilities directed for me from the Director’s end)
As per my intelligence, experience and wisdom I performed my duties and regularly kept appraised both my Supervisor and the Director, with the reports, inputs required and market feedback, for which there were no replies from their end. Still I was performing my duties with utmost sincerity, honesty and integrity.
Suddenly this week the Director (appointing authority) called me in the presence of my Supervisor and asked me to resign immediately saying that he will be waiving off the notice period of one month so that I can be relieved from the next day onwards.
Reason cited was that there has been no performance, however no issues on my integrity or honesty.
I would like to state here that, in these past six months, there have been no meetings to comment on any improvement in my performance, no memos issued to me about my performance, no memos on any kind of counseling or any show cause notices on that matter related to my performance.
On my refusal to resign immediately the Director (appointing authority) expressed that in that case he can issue a termination letter.
I also suggested the Director (appointing authority), of some other vacant positions in the system in which I can be a perfect fit suiting to my experience and qualifications, for which he refused my consideration.
Again on my refusal to resign without any valid reasons, the Director (appointing authority) expressed that he can create a lot of reasons to terminate me, and the consequences will be highly detrimental to my career.
At last on my request to grant me to serve the notice period of one month so that I can find a new job, the Director (appointing authority) agreed with a lot of reluctance.
So I was forced to resign being hardly for Six months in this Organization, and now I am serving the notice period, searching for a new job.
Is there any legal way to challenge the said issue….?
I am in a very high level of mental trauma as I have a family and kids to take care of, and at Senior levels getting new jobs are not that easy in the present economic scenario.
Kindly suggest.
Regards.
God is there for good people
27 November 2013 at 14:50
My sincere apologies for posting this query and deleting it for critical reasons that would have affected me at that point of time had it been in the public domain.
Now I feel free to have your valuable advise on the same. Regret inconvenience.
-----------------------------------------
Dear Sir,
I got appointed as an employee in Staff function through proper interview and fair recruitment process in one of the premier Educational Institutes of India governed by the Ministry of HRD, Government of India in the month of May 2013.
The appointment was on contractual basis for a period of three years with a performance review at the end of the first year (consolidated pay of Rs. 75,000/- p.m. for the first year) after which I was to be absorbed in the Central Government PB 4 ( Rs.37400 - 67000 )plus Grade Pay of Rs. 10000 p.m. ,with a one month notice period on both sides for termination of employment. The appointing authority is the Director of this Institute.
As this was a new function introduced in this Institute, since the time I joined I had been regularly contacting my Director (appointing authority) to sensitize me about my job responsibilities for which he has been avoiding, saying that he is busy with other more important assignments and asked me to do whatever I feel good for the profile. Finally after a month and a half, after a lot of persuasion from my end he asked me to report to one of his confidantes holding the next position to him in this Institute as my Supervisor. I then was regularly following my Supervisor for clearly defining my job responsibilities but he too always avoided me saying that he has to speak to the Director and come back, which never happened. (as I assume he too was not clear on any job responsibilities directed for me from the Director’s end)
As per my intelligence, experience and wisdom I performed my duties and regularly kept appraised both my Supervisor and the Director, with the reports, inputs required and market feedback, for which there were no replies from their end. Still I was performing my duties with utmost sincerity, honesty and integrity.
Suddenly this week the Director (appointing authority) called me in the presence of my Supervisor and asked me to resign immediately saying that he will be waiving off the notice period of one month so that I can be relieved from the next day onwards.
Reason cited was that there has been no performance, however no issues on my integrity or honesty.
I would like to state here that, in these past six months, there have been no meetings to comment on any improvement in my performance, no memos issued to me about my performance, no memos on any kind of counseling or any show cause notices on that matter related to my performance.
On my refusal to resign immediately the Director (appointing authority) expressed that in that case he can issue a termination letter.
I also suggested the Director (appointing authority), of some other vacant positions in the system in which I can be a perfect fit suiting to my experience and qualifications, for which he refused my consideration.
Again on my refusal to resign without any valid reasons, the Director (appointing authority) expressed that he can create a lot of reasons to terminate me, and the consequences will be highly detrimental to my career.
At last on my request to grant me to serve the notice period of one month so that I can find a new job, the Director (appointing authority) agreed with a lot of reluctance.
So I was forced to resign being hardly for Six months in this Organization, and now I am serving the notice period, searching for a new job.
Is there any legal way to challenge the said issue….?
I am in a very high level of mental trauma as I have a family and kids to take care of, and at Senior levels getting new jobs are not that easy in the present economic scenario.
Kindly suggest.
Regards.
Ritesh
27 November 2013 at 12:01
Dear Sir
Recently i have joined new job after resigning my previous job through technical resignation. The time when i left the job, i was working in basic of Rs. 15600 - Rs 39100 and my grade pay was Rs 5400. When i left the job that time my basic and grade pay was Rs. 25840.
Now i have joined the new job with basic Rs. 15600 - Rs 39100 and my grade pay is Rs. 7000 and they offered me total basic and grade pay of Rs. 25600.
I have resigned my previous job through technical resignation as already i have mentioned and now i have asked for the pay fixation to my new office. But they are not in a position to do this because of lack of knowledge.
Sir can you help me out from this problem by giving my pay fixation calculation with supporting rule and regulation.
With Regards
Ritesh
Ritesh
27 November 2013 at 11:45
Dear Sir
I am working as a Asst. Professor in one of the National Institute of Technology( NIT) college of INDIA and now in probation period for one year. In probation period there is a condition that i can not apply for any new post to other organisation. But i have an opportunity to apply other NIT. Can it possible for me to apply for other NIT in probation period as they have already mentioned that you can not apply to any job during probation period (one year).
Please help.
Regards
Ritesh
Narendra Wadskar
27 November 2013 at 11:14
I was working with Indians top most PMC company. I resigned with the company because of issues with Admin/ HR. I have following two queries.
1. I was having two medical leaves balance and I took the same as last two days of my notice period. company did not considered the same while preparing my full and final settlement.
2. Company provided me experience certificate which does not say which position I was serving in the organization. also it doesn't carry company rubber stamp.
I can challenge above two queries legally ask for the same.
Please respond.
s venkata ramana
27 November 2013 at 09:42
Good morning!
is it is possible to terminate the employee from his service by an employer, if the employee gone for long absenteeism without informing to the company. According to the standings orders of the company it is mentioned that he/ She for continuous absent up to 10 days without any information to the company will be issued warning letter against the employee. if in case not having proper response form the employee . He / She can be removed from his service . Automatically with any intimation to the employee . in this case the employee have service with the organisation is more than 2 years . .
here my questions is
Q) What are the chances to employee to fight against the employer .
Q) is it is necessary to pay any compensation to the employee by the employer due his sudden removal from his service .
Q) What should the employer do , if he get any notice from the employee ?
Q) is it is necessary to approach to labour tribunal court for such incident?
I need your valuable feed suggestions on this .
Thanking you ...............
S.V.Ramana
Nithiselvan
26 November 2013 at 21:36
Dear Sir,
I had worked in a company x
From Oct 2005 to April 2012 at one plant and From May 2012 to June 2013 at another plant.(Both are same organization) Simply say i had been transferred to one of their plants at different location.
I had resigned the job on July 17,2013. And started my own business. My x company had given the gratuity on Sep 10, 2013 and Pf amount on Oct 7, 2013. I had submitted my form 10 c(pension fund claim) to the company at the time of resignation itself.
I had asked my pf account number to follow pension office. But they didn't give that. After a long follow up they sent a mail to me today as stated below
"We are following the same with Pension Office.
Since you have 2 employee numbers (i.e one at plant 1 and one at plant 2) they are in the process of merging the same into one account which is taking time.
Kindly bear with us for 2 more days will get the same shortly."
Can any one guide me to get my pension fund amount at the earliest which can be useful for my small own business. I doubt that the x company personnels didnt take the thing seriously.because my query is why was not informed regarding the two employee nos earlier (while resigning) and will it take nearly five months to merge the two employee nos.this delay and postponement in the issue proves their indifference and negligence towards my problem.
YOGESH KUMAR
26 November 2013 at 12:15
Dear Sir,
I Am working in a MNC company as executive accounts with salary of 23k, i want to know the rules of termination, and how many months salary reimbursement i am liable to receive from company, also refer the suitable act and section for the same.
Thanks,
Yogesh
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Query about non acceptance of resignation letter
Dear Lawyers Club,
I was working in one of the branches of a pvt. ltd. company as Asst. Accounts Officer till may 2013. This company is engaged in the field of Real Estate and is covered under A P SHOPS AND ESTABLISHMENTS ACT .
I got a better offer in another Pvt. Ltd. company and submitted my resignation letter in June 2013 with one day notice (since in the appointment order given to me it was mentioned as one day notice on either side) to the Personnel Department of Head Office at Hyderabad and waited for acceptance of the same by the company for one month.
Till date the company has not accepted my resignation letter but they have acknowledged having received my resignation letter.
During this one month I pursued my issue with Personnel Department at Head Office and I was told that my letter has been forwarded to General Manager (Accts) for his recommendations of accepting my resignation letter and the issue is pending with him .
In the mean time I joined the new company in July 2013 after informing the Branch authorities as well as the Head Office.
Further I sent another reminder to the Head Office to relieve me of my duties and responsibilities to ensure a smooth exit from the company.
Till date I have not received any communication from the Head Office about my resignation acceptance.
Now my question what is the remedy that is available to me under various labour laws as well as under A P Shops and Establishments Act.
Even I am entitled for Service Compensation and PF Benefits.
Kindly guide me in this regard.