Can the bosses in private companies not accept resignation at his will.
abhijeet chhetri
(Querist) 20 April 2013
This query is : Resolved
Dear Sir/Madam,
I would like to draw your attention toward a problem that I have been facing after putting down my papers at IIFL.
Let be briefly put down the facts. I had not been reporting to my office for two days without informing about this to my reporting manager. On the third day I came to my office and a discussion with my reporting manager and it was after discussing with him I put down my papers and had mail the same to my reporting manager. My reporting manager replied in the same mail saying “that my resignation will be accepted only after audit is done and you have to hangover charge properly till then you are kept on suspension”.
Till here everything was fine, after a week audit took place and the findings of the audit was ok. Now when the audit was ok I again followed my reporting manager with a mail asking him to accept my resignation as the audit is now over and the findings are ok. To which he says that “I was on suspension so no question of accepting my resignation”. I again mailed him with a reminder to what he had said on my resignation email which was sent on the day I had resigned. This time I had my local HR also on CC, but my boss replied to me only, no mail was marked to the HR, saying that if I was asking for a “TERMINATION LETTER”.
In those two days when I did not go to office I had been for a interview where I have been selected and they want me to join them with proper relieving from my previous organization. My previous company IIFL is not willing to accept my resignation and it is threatening to issue a termination letter which will spoil my career further. Please suggest me what can I do as I have tried all the possible ways to get my relieving like talking to my boss and my H.R and also emailing them.
Please Assist…… I AM IN DEEP TROUBLE.
Devajyoti Barman
(Expert) 20 April 2013
This is common problem in private sector where the erstwhile keep their leaving employees at ransom on the issue of Relieving Letter.
Share with the new company about this issue as I think the previous company may not give relieving letter at all. t the most it may issue Termination Letter which should do your current employer.
You can send legal notice to the company but it would not yield desired result.
abhijeet chhetri
(Querist) 20 April 2013
that means I have no option to get the relieving at any cost and I will have to let go a opportunity that has come to me??? I think there has to be some way out to this. Is there no Law in India in this context can I not fight for this....
Please suggest..
Rajendra K Goyal
(Expert) 21 April 2013
Law may help you on merits of the case, but you have to wait sometime for years, as law takes its own course and time. One main reason the employer discriminate the employee is this also. You may try to adopt practical approach and reach the high ups of the Company with the request. If they are satisfied you may get the relieving letter otherwise law is the recourse but it may not give you immediate relief as desired.
abhijeet chhetri
(Querist) 21 April 2013
As I have a very good offer from one of the reputed company which I will have to miss as the company is not willing to give me the relieving letter. I may have to compromise on this and have to take up some thing very ordinary as I will have to work to earn my bread and butter. But I thing I can take up this fight forward as I have come to know that there are quite a number of people suffering with the same problem against the same person of the company who is causing problems from me also.
This problem is causing me a lot of tension of loosing my career and making my life financially unstable.
Rajendra K Goyal
(Expert) 21 April 2013
You may contact to your new employer for employing you with out relieving letter and meanwhile take the help of law for treating you as relieved. You may submit the finding of the court to your new employer later if they agree. However, l again mention that law takes it own time and recourse and result is on the merits, try to take a practical approach which will give you immediate relief.
prabhakar singh
(Expert) 21 April 2013
Mr.Rajendra Kumar Goyal has correctly opined.
Kumar Doab
(Expert) 21 April 2013
Learned experts have given valuable advice. Kindly follow it.
What is your establishment an industrial or commercial establishment, or a PSU etc……You are in which state?
As rightly opined and reiterated by learned experts, first and foremost endeavor for you should be to explain the matter to line manager/HR of next employer to absorb you on the strength of copy of your resignation and its POD only. You should preferably submit the minutes of discussion even if by email and mention that your past employer has rejected to issue relieving letter as you can not serve notice period and since you have to join next employer with immediate effect. It shall not be out of place to point out that your manager has flaunted option of “termination order”, hence next employer should be appraised so that it stands by you in need of hour. You may appraise them that to attend interview you had to come without getting the leave approved from boss.
The next employer may ask you to sign an indemnity, affidavit that you are not employed elsewhere and it may add that if within ………………days the relieving letter/acceptance of resignation is not submitted and/or BGV is negative the appointment can be cancelled.
Therefore you should settle the terms with next employer and leave nothing unexplained and see to it you are protected.
You have erred by not submitting leave application and thus absconding for 2 days.
Your manager is now pressing the hot buttons.
Probably you have not submitted leave application even after wards.
Did you submit resignation from the date of first day of leave? If yes you have covered absence and there is no need to apply for leave.
If no you should submit leave application: by hand at reception and obtain acknowledgment on your copy preferably under date of first date of leave, or by normal post followed by in person/by redg. post. You should mention fitting reason for casual/medical leave.
Your boss may push hard to claim you are guilty of unauthorized absence. This is something you need to handle successfully.
The suspension and audit is obviously due to unauthorized absence.
However the finding of audit is OK and you should obtain copy of it and cover this Audit as OK in minutes.
Is this manager your appointing authority or an authority to accept your resignation or terminate you? If no his only job is to forward the resignation to authority empowered to accept the resignation preferably with a copy to employee. Of course the boss has a nuisance value and employee must be skilled to handle the boss. As per your post your boss is in the habit of littering nuisance.
Resignation should be submitted to good offices of appointing authority, MD, Chairman……..
Resignation can be without permission or notice.
You may affirm that notice pay be adjusted in Full and Final (FNF) statement/settlement or you may tender it by cheque to good offices.
If you have covered all loopholes at your end now you need to approach the good offices and put up your explanations, mention and affirm that you have been requesting to handover the charge and company property and you may be informed on the designated employee for handover and an acknowledgment, NOC, NDC acceptance of resignation, last salary slip, FNF statement, payment of FNF dues, Form 16, service certificate, relieving letter, be issued and supplied to you, by redg. post.
If boss has been alienating many employees it must be in the knowledge of good offices and they might have made a note of it. You may seek an appointment in writing from good offices and preferably meet them.
If standing orders are applicable to your establishment and are extended to your designation FNF dues should be paid and service certificate should be issued by last day in office/within 2 days.
Relieving letter signifies employee has been relieved properly and nothing is due against him.
Your next employer may treat last salary slip, acknowledgment and acceptance of resignation, FNF statement, payment of FNF dues, as good as relieving letter
abhijeet chhetri
(Querist) 21 April 2013
Dear Mr. Kumar Doab ,
I thank you for taking out time to understand my problem in a very minutely.
Answer to your question number 1. – It is ZYX PVT LTD Company, and I am from West Bengal.
I have already connived to the company from where I have the offer about my situation on my relieving, but they say that they have no substitute to it and I should fight to obtain it.
Sir I know that I have made a mistake here by not obtaining the leave. But it is mentioned As per Annexure-I of Appointment Letter that “Regularity in attendance and punctuality at work are an implied condition of service and any absence without intimation or authorization for a period extending beyond three days continuously may lead to termination from the employment without notice or notice pay in lieu of notice under this clause”. I was absconding for two days only.
I have submitted the resignation on the 3rd day which doesn’t cover the earlier three days.
Suspension and Audit is due to the organization deals with Gold Loan and Audit is a continuous process which happens on a monthly basis and also after the BM resigns.
I do have the copy of all the audit reports since I had joined the organization, and there is no fault of mine in any one of them.
This manager of mine is my immediate reporting authority and he has to accept my resignation first and then I can take it forward to my HR.
I am very much ready to pay in lieu of notice to obtain the relieving buy this will be decided by the HR as how much am I suppose to pay back. But my application to resign has not been forwarded to HR after the acceptance from my reporting authority.
I have filled the exit form and submitted the only asset (ID CARD) at the branch office where I was posted and have emailed the same to the HR with a cc to the branch also.
As my reporting authority in question has been associated with this company for many years (7yrs) now and he is in the good books of the higher authority no notes must have been made against him. I also know that no one other than me has ever thought to fight back for his act of nuisance.
I will be visiting him tomorrow and try to convince him in a very requesting manner and obtain the acceptance on my resignation, but if this meeting is not fruitful, I will for sure take this matter forward and I will need your valuable support then.
Kumar Doab
(Expert) 22 April 2013
Learned Experts/members have already advised that you need to settle with your next employer. And the fact is this shall be the quickest and easiest solution.
Another option is that you may make up with your reporting authority. This shall be the quickest and easiest solution.
Employee should develop rapport, goodwill and apply exceptional levels of persuasion, persistence, negotiation, reasoning skills and resolve the situation in his favor while in employment.
The other options available to you may be lengthy and time consuming.
Litigation to some employees is stressful. You may proceed as deemed fit at your end.
It shall be appropriate to approach a competent and experienced labor consultant/service lawyer in person with copies of all documents, give inputs in person, and proceed under expert advice of your lawyer. Designation alone does not decide employee is a workman or not. Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman. Your lawyer can update you on what is possible and what you should do/state and what you should not do/state to resolve the matter.
Let your lawyer’s opinion be final on all points discussed in this thread.
In addition to the Industrial Disputes Act, 1947, several states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act……If the employee falls within the definition which has been provided under these enactments, he would be protected to that extent.
If employee is not covered under these enactments, the letter of appointment, employment agreement and standing orders (service rules) may have to be referred
to.
You have posted that:
-----“But my application to resign has not been forwarded to HR after the acceptance from my reporting authority.”
This implies that your reporting authority has accepted the resignation. Then what is left.
The only thing now have to do is to obtain copy of the acceptance by Manager and forward it to HR.
If workable and possible at your end you mat record (audio/visual) statement of your manager that your resignation has been accepted.
If your manger has accepted the resignation and his acceptance is deemed to be acceptance by company then you may not be able to withdraw the resignation. However your lawyer may opine you can.
-----“ I have submitted the resignation on the 3rd day which doesn’t cover the earlier three days.’
Find your ways and means to obtain receipt/acknowledgment of leave application on your copy sent by you thru normal post/messenger etc……
Normally each company receives the mail/dak at reception and affixes stamp on the run sheet of courier etc and some peon/security guard might be doing it.
Take another copy by hand and submit to your reporting authority, with heading that original was sent by post and try to get acknowledgment and request to approve it even if on LOP basis and obtain comments on your copy.
Acknowledgment and acceptance of leave is imp.
Or you may think of some fitting reason why you were not able to call the boss, send email, courier etc
-----“ I was absconding for two days only.”
Abscondment is misconduct. You will not decide on the action to be taken on the misconduct.
Your reporting authority has already suspended implying process has been initiated.
However he should have given some opportunity to you to explain and thus natural justice.
You may obtain copy of leave policy, HR policy, Exit Policy, Severance Policy, Model Standing Orders…… and refer to it, especially on Casual leave,
Model Standing Orders on casual Leave:
“to meet special circumstances which cannot be foreseen. (Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.)"
It is felt that in majority of the companies it can not be more than 3 days at one go and if it is more than 3 days except in case of sickness.
The leave rules are stated in standing orders of the company, appointment letter/ contract of employment, Shops and Commercial establishments Act of the state, Factory Act etc…….
If Standing orders are applicable to your establishment and have been extended to your designation you may refer to it. If company does not have certified standing orders Model Standing Orders shall apply.
“Supreme Court overruled its earlier decision and held that the misconducts mentioned in the standing orders were exhaustive and a workman could not be punished for an act or omission which was not described as misconduct in the standing orders.”
Model Standing Orders, Shops and Establishments Act of West Bengal can be accessed at Dept. of Labor website, thru Google. If no enactment is applicable in your case, the appointment letter should be referred to. You have already quoted from your appointment letter.
Shops and Commercial establishments Act is applicable to all employees.
Is this manager is “'employer' means a person owing or having charges of an establishment and includes an agent or a manager of, and any other person acting on behalf of such person in the general management or control of such establishment; “ as defined in the Act. If yes his acceptance may be deemed as acceptance by employer.
10 days casual leave is allowed as per this enactment.
It is felt that company has violated the clause on Notice of Termination of this enactment.
Notice of termination of service .- [1] (1) The services of a person employed in any shop or establishment, who has been in continuous service for not less than one year in such shop or establishment, shall not be terminated without giving him one month's notice, in writing showing the reasons of such termination and until the period of notice has expired or until he has been paid, in lieu of such notice, wages for the period of such notice.
(2) The person as aforesaid shall have the right to appeal to such authority and within such period as may be prescribed, either on the ground that there is no reasonable cause for terminating his services or on the ground that he has not been guilty of any misconduct, provided his services have been terminated on such ground.
(3) The decision of the appellate authority on such appeal shall be final.]
You may approach the Inspector under this Act, with your grievance and complaint. You can obtain the contact details from Dept. of Labor website/o/o Labor Commissioner/SE Inspectorate etc……….
Valuable advice of learned experts/members is sought.
abhijeet chhetri
(Querist) 22 April 2013
Thank you for your valuable advise and time you took out to show me how to go about it.
Will keep you updating on the same...
abhijeet chhetri
(Querist) 23 April 2013
Raj Kumar Sir your valuable very inputs will
in this regards will be very helpful. How can I be satisfied until I get my relieving?
