resignation
supriya pathak
(Querist) 24 March 2011
This query is : Resolved
After my appointment as lecturer my employer amended termination clause unilaterally after six months of my appointment thereby increasing notice period from 3 months to 6 months. i objected to the said amendment but the then director told me that it is a mere formality and not to worry about it. after serving for about an year after the said amendment, I resigned from the service and thereby I was asked (verbally) to continue for three months but when the period of three months was about to expire I reminded the director upon which he told me that my resignation is missing from my personal file and asked me to write my resignation again so that the same be put in my file i did accordingly and they relieved me after 4-5 days.
But after 15 days they send me a notice demanding 6 months’ salary on the basis of my resignation letter that i wrote 4-5 days before leaving the job, considering it to be a new resignation.
Pls. let me know whether amendment of termination clause, unilaterally by the employer is legally enforceable or not.
and also
What about my earlier resignation letter is it a nullity?
Supriya
Jitendar Kumar gupta
(Expert) 24 March 2011
you have been cheated by your employer. take a note and you must not give fresh resignation. now you can send the reply of the notice very strongly. If need more information call at 9868529732 or mail to guptajkin @gmail.com
Guest
(Expert) 25 March 2011
Dear Supriya,
If I am not wrong according to my guess, as based on your own query, every formality on policy of notice period from the side of your employer was formal and kept on record while on your side that was informal and verbal.
Secondly, when you submitted resignation you would not have tried to get the acknowledgment or receipt of your resignation letter.
Thirdly, your Director would have told you only verbally that your resignation was not available in the file and on his asking you would have submitted fresh resignation letter without understanding his cunning approach adopted in your resignation case.
Fourth, your fresh resignation would have been with a fresh date or without any date and the employer would have been able to manipulate with the date of your resignation letter according to his own sweet will. I presume you would also have requested in your fresh resignation letter to relieve you on some specific date (within 4-5 days) as per your original date in mind.
Please do inform if my guess is wrong and to what extent.
No doubt you have been cheated due to cunning manipulation of your resignation case by your employer, but if the aforesaid position is correct, you stand to lose in the absence of any evidence in your favor, as at first it can well be stated by your employer, had you any objection on revision of reignation policy, you would have objected to that, as that is not on record. Even if would you have objected in writing also, the same could also have been removed from record, as done to your resignation letter. The employer's argument can also be that since you insisted upon relieving on a particular date you would have been relieved on the date as per your (fresh) resignation notice.
So, you may have to remember what evidence you had been able to keep on record to show that you objected on the change of 3 to 6 months' notice period and the original date of submission of your resignation vis-a-vis the reason for submission of your fresh resignation letter. Only the answer to these points can help you in your case.
PS Dhingra
CEO
Dhingra Group of Consultants
New Delhi
Email: dcgroup1962@gmail.com
