Company is not giving acceptance on my resignation
anuragsharma
(Querist) 03 April 2015
This query is : Resolved
-I worked in organization for 5 yrs.I resigned from this organization because i got new opportunity.
-I have to serve 2 months notice period so after 1 month i went to HR for acceptance of my resignation.
-HR refused to send and told me that you have to give 3lakh to company as i was on official work in abroad 2 months back for 3 weeks only.
-They are taking this recovery amount on the basis of my appointment letter where it is written that "If you are going abroad then you have to singed a bond in which it is written that you indemnify company against all claims if bond is not signed for whatsoever reason then it will be deemed signed."
-But there is no timeline defined and now they started signing bond if a person is going abroad.
-On my last day they signed clearance form and disabled my access and IDs.When i went to HR for acceptance mail he refused and told me to give cheque of 3 lakh then only he will give me acceptance and reliving letter.and still they refused to give me in writing that why i have to pay this amount.
-So now i am out of job and dont have any proof other than emails that i am no longer employee of this company.
-My new employer wants reliving letter or at lease acceptance letter.
Please guide me what to do as this is destroying my career.
Kumar Doab
(Expert) 03 April 2015
If NO Bond was supplied to you how can you sign?
If no Bond was signed by you how can it be deemed as signed?
Disabling access to workstation/office may amount to termination.
You are unable to handle the HR personnel and have unnecessarily remained entangled with him/her.
Do you have copy, proof of dispatch, proof of delivery of resignation submitted by you?
HOPE YOU WILL TAKE THIS POST POSITIVELY!
The studied silence, rowdiness of bosses/HR personnel is not a new or unknown thing to lawful authorities and Law and courts.
Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????
Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!
Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.
Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may like to go thru the language of job advertisement, job application,interview call letter,offer letter etc, break up of the salary mentioned in etc….verbatim………………and even your communications by email……………. For building favorable written record use at appropriate time in appropriate forum.
1. If you are unable to draft your communications and handle the matter on your own seek help of elders in the family, Union leaders, labor Law consultant/ service matters lawyer. Narrate all representations made so far and address to good offices of appointing authority,MD,Chairman.
2. Are you a member of Employee’s/Trade Unions
Does your company have any GRC (grievance redressal committee) and ‘Works committee’?
3. What is 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 is your salary: Basic,DA.
5. Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
6. Your reporting office was located in which state?
Regd. Office of the company is located in which state?
How many people are employed in the company?
Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?
The company is registered as: Commercial or Industrial establishment?
You may reply pointwise to each point!
It may be possible to revert to your query.
You have to demand acknowledgment and acceptance of resignation, FnF statement showing computation of salary paid/adjustment of notice pay/leave encashment/Bonus/OT,salary slip of all months,PF number a/c slips,ESIC card,Form16 as per correct FnF statement,NOC/NDC,service certificate,Relieving letter, etc,?
You may better proceed thru your lawyer now.
anuragsharma
(Querist) 04 April 2015
Hello Sir thanks for your reply here are the information...
Pls help i am jobless now and my career is in danger.
If NO Bond was supplied to you how can you sign?
[AS]I dont know but the HR is saying so.
If no Bond was signed by you how can it be deemed as signed?
[AS]I dont know but the HR is saying so.
Do you have copy, proof of dispatch, proof of delivery of resignation submitted by you?
[AS]Yes, i have each and every mail sent to the HR.
and i have audio recordings as well.
Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????
[AS]i am fighting from day one but no result.
2. Are you a member of Employee’s/Trade Unions
[AS]No
Does your company have any GRC (grievance redressal committee) and ‘Works committee’?
[AS]No
3. What is 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?
[AS]I am a senior software enginner my duty is to develope SW i cant grant any leave to anyone.
4. What is your salary: Basic,DA.
[AS]it is 9.38 per annum
5. Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
[AS]Yes everything mentioned above is with me.
6. Your reporting office was located in which state?
[AS]UP
Regd. Office of the company is located in which state?
[AS]Delhi
How many people are employed in the company?
[AS]400
Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?
[AS]No idea
The company is registered as: Commercial or Industrial establishment?
[AS]No idea
Kumar Doab
(Expert) 04 April 2015
You have not replied to:::How many persons were reporting to you? Did you have any power to appoint/terminate/grant increment?
What is this establishment: Commercial or Industrial::::::::The company should have displayed its registration Certificate near entrance! Specifically the office where you were located is registered as commercial or Industrial? You alone have to answer it.
OR what is the line of business of the company: IT/Banking etc?
You may also clarify:
Why were you sent abroad? It was for some training or some project?
How were you sent: by order of transfer/deputation?
Did you work there for the company and generated profits/revenue for the company?
For how many days you were sent abroad and did you serve abroad for full period?
Were you called back by a written order and do you have copy?
Did you sign any papers:::: agreement etc
before leaving abroad and do you have copy?
After your access was blocked did you get
any communication ( on record:::: written/ or recorded conversation) to continue to report to office or remain at home or that you are fired?
If you were terminated on record then did you get any follow up communication : if yes what was it?
Did you continue to go to office after access was blocked and did you write any communication that your access is blocked and what are further orders for you?
Was any salary for the period after your access was blocked paid to you?
The copy of the resignation, proof of its dispatch, proof of delivery,last salary slip,form16 etc can serve as good as proof of employment and having resigned. The acceptance of resignation is to be issued by employer and until it is supplied by employer how can employee provide it.
The moment employee has resigned the employer-employee relationship is ended.
Your next employer should be aware of it!
You alone have to convince them.
anuragsharma
(Querist) 04 April 2015
You have not replied to:::How many persons were reporting to you? Did you have any power to appoint/terminate/grant increment?
[AS]No one reprts me i dont have any power of appoint/terminate/grant increment.
What is this establishment: Commercial or Industrial::::::::The company should have displayed its registration Certificate near entrance! Specifically the office where you were located is registered as commercial or Industrial? You alone have to answer it.
[AS]This is IT firm and a ltd company.
Why were you sent abroad? It was for some training or some project?
[AS]Its was a handover activity they were closing abroad office i was sent to perfom handover activity.
How were you sent: by order of transfer/deputation?
[AS]Its is no where in mail that why they are sending me to abroad they just mailedd me for passport info.
Did you work there for the company and generated profits/revenue for the company?
[AS]Yes i worked for the company there there was no profit generated at that time of visit.
For how many days you were sent abroad and did you serve abroad for full period?
[AS]For 3 weeks i was there and i served full period over there.
Were you called back by a written order and do you have copy?
[AS]Still no mail to prove this i just had my pre booked ticket to return back.
Did you sign any papers:::: agreement etc
before leaving abroad and do you have copy?
[AS]No agreement signed by me.
any communication ( on record:::: written/ or recorded conversation) to continue to report to office or remain at home or that you are fired?
[AS]No communication at all they are not replying any mail.
If you were terminated on record then did you get any follow up communication : if yes what was it?
[AS]No i was not terminated i served 2 months notice period i have all the proof of my resignation and 10 reminder mail yo HR to sent approval.but no reply at all.
Did you continue to go to office after access was blocked and did you write any communication that your access is blocked and what are further orders for you?
Was any salary for the period after your access was blocked paid to you?
[AS]It happedned this thursday so i am planning to go to office as usual since there is no proof that i m no more employee of that company.Just to trouble them.Is it good idea?
Kumar Doab
(Expert) 04 April 2015
If the notice period inserted in your appointment letter is 2months and you have served full notice period and there is no communication issued to you then you may post full attendance of all days (including days after your access was blocked), tasks assigned/performed.....................and build full record in writing even if by personal email to all concerned............and if you suspect that it shall be routed to junk/spam mark a copy to email at company's website also.........
Visit office (preferably with some unshakable witness that can be a Employee's/trade Union leaders...... willing to testify and try AV record) and if your entry is blocked at entrance ....................record it and submit the minutes later under proper acknowledgment.
YOu may add a line that you have served full notice period and that expired on dated..............and absence of any written communication confirms that your resignation has been accepted.
Hence all docs (as alredy narrated in previous posts) be supplied to you by Registered post so as to reach you in next say 3 days.
You may address final communication to good offices of appointing authority, MD,Chairman and mention that you have been representing to Mr/Ms......(HR personnel) who has not issued a single communique to you in writing.
It shall be appropriate if all of your communications are drafted by your Labor Law Consultant-Service Matters Lawyer/Law firm so as to suit your long term interest.
You seem to have a good case.
You must firm up as per the situation with your next employer preferably in writing.
anuragsharma
(Querist) 04 April 2015
Thank you very much sir....I will keep posting the latest update on this.
Kumar Doab
(Expert) 04 April 2015
It is reiterated that:
It shall be appropriate if all of your communications are drafted by your Labor Law Consultant-Service Matters Lawyer/Law firm so as to suit your long term interest.
If your communications are drafted by your counsel and sent under your signature then it does not imply that you are issuing a notice or legal notice.
However your counsel can plug all loopholes that might be there and build firm ground for future recourse.......if need be.
anuragsharma
(Querist) 09 April 2015
Hello sir
Finally I have given them 3.25lakh just to get my papers.
They were threatening me that they will send negative feedback if I don't pay this amount.
No one there to listen me how can I proceed legally now?
Kumar Doab
(Expert) 09 April 2015
You should have recorded the threat of negative feedback and made them pay for it thru their mouth.........
You have suffered a loss and also set a precedence for other employees to suffer.....
The HR personnel shall be celebrating and writing their success stories to get awarded by their masters.
If your monthly salary was say Rs.35000/ then you have paid 10 months salary to employer rather than getting salary from the employer.
You should spend some quality time with Employee's/Trade Unions leaders and become properly informed and not get subdued to such extents in future.......
Visit an able Labor Law Consultant/Service Matters Lawyer/Law firm alongwith elders of your family and spend quality time and show all docs on record and understand the remedies and merits.......
YOur counsel and Unions Leaders may opine that you can succeed to get
your hard earned monies ..................and such HR personnel are not fit to be left to loose around in a civilized society.................and they can also appraise you on how can you succeed.
anuragsharma
(Querist) 09 April 2015
Definetly I will send them a legal notice I am waiting to join new company after getting my FNF I will file case against them....they have send the acceptance on my personal I'd...how can they proof themselves....I have receiving of that DD too.
Kumar Doab
(Expert) 09 April 2015
Rather consult your counsel/lawyer/unions NOW and build record that can't be refuted..........including ON that negative feedback on you shall be shared.......
