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Prafful Saxena (Querist) 30 May 2020 This query is : Resolved
I have been terminated although I resigned earlier, but my resignation has been rejected. After serving a notice period of 15 days, they terminated me. they accept my resignation dated 12th Feb but they reject after 10 minutes stating that your resignation has been rejected as per discussion with manager. On 29th Feb, I asked them to relieve me from my duties as I have already served the notice period of 15 days. On 1st march, they terminate me.
However, they are not providing either experience letter nor they provide my salary for the month of Feb, 2020.
I have filed a complaint in the labour court but I think notice has not been served on the company due to lockdown.
I am more concerned towards the experience letter and relieving letter as I served there for 2 years and 2 months.

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An individual resigned from their job, but their resignation was rejected shortly after being accepted. They served their notice period and were subsequently terminated. The former employer is now withholding their salary and experience/relieving letter. A complaint has been filed with the labour court, but proceedings are delayed due to the lockdown. The main concern is obtaining an experience letter to secure new employment, with advice suggesting alternative proofs if the employer remains uncooperative.

Rajendra K Goyal (Expert) 30 May 2020
You said:
they accept my resignation dated 12th Feb but they reject after 10 minutes stating that your resignation has been rejected as per discussion with manager.

Reply:

Have you any documentary proof regarding acceptance of your resignation?

You said:
On 29th Feb, I asked them to relieve me from my duties as I have already served the notice period of 15 days. On 1st march, they terminate me.

Reply:

If you have completed notice period after resignation, termination orders can be held bad.

Message likes : 1 times

Rajendra K Goyal (Expert) 30 May 2020
You said:
However, they are not providing either experience letter nor they provide my salary for the month of Feb, 2020. I have filed a complaint in the labour court but I think notice has not been served on the company due to lockdown.

Reply:

Salary has to be paid by them. Decision in any legal proceeding is time consuming. You have a good case in your favor.

You said:
I am more concerned towards the experience letter and relieving letter as I served there for 2 years and 2 months.

Reply:

It seems the Company would not give experience letter easily. If alternate mode i.e. Form 16 (issued for income tax) PF statement, Salary slip etc. can serve the purpose. You can continuously send reminders for issue of experience certificate.

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Prafful Saxena (Querist) 30 May 2020
They rejected my termination on the mail. I have proof for the same. Also, they have stopped replying to my mails.

Rajendra K Goyal (Expert) 30 May 2020
Wait till proceedings are concluded.

Raj Kumar Makkad (Expert) 30 May 2020
As the case has already been filed by you against your previous employer, now you have no other option to wait for the procedure of the court to complete.

P. Venu (Expert) 31 May 2020
What is the reason for your termination?

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Dr J C Vashista (Expert) 01 June 2020
I have been terminated although I have resigned earlier are two different situations which is true ?
Should it be inferred that when there was clear indication of termination of your service you submitted by resignation ?

Dr J C Vashista (Expert) 01 June 2020
Generally notice period is two months (even 3 months in some organisations/ companies) how your employer agreed for 15 days notice ? Is it true ? Unbelievable.

Dr J C Vashista (Expert) 01 June 2020
You have stated, inter alia, that, "They rejected my termination on mail. I have proof for the same...." The termination order stated to have been rejected was issued by you or employer ?
Good joke !!!!

P. Venu (Expert) 01 June 2020
Multiple postings by the experts are rendering the threads cumbersome; Unfortunately, such postings convey the impression that the experts are more concerned about the brownie points than the value that is bestowed on thread. It is my considered opinion that it only adds to stature of the LCI if the experts could rise above the temptation in making such multiple postings.

Raj Kumar Makkad (Expert) 01 June 2020
Mr. P. Venu

Your observation is correct but you lack to name those experts who are just greedy for earning maximum points instead of resolving the query of the author in a single thread. If an expert has to incur maximum threads to reply a simple question then the same also raises question mark over the expertise over such expert. Anyways, this blind race is going on unabated.

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Prafful Saxena (Querist) 01 June 2020
There is a mistake. They rejected my resignation. And yes the notice period is 15 days as per the rules and regulation of my last organization. Also, labour court said me to wait for some time as they cannot issue notice or take any action. As per them, Supreme Court has asked them not to initiate any new proceeding. I am more conerned towards experience letter as it will help me to get a new job.

Rajendra K Goyal (Expert) 01 June 2020
As mentioned by you, Employer rejected your resignation and terminated you. Against the termination orders, you moved to labor court which asked you to wait.

In such conditions, there is no alternate but to wait.

As advised earlier, it seems, Employer would not issue experience letter easily. If they mention that you were terminated, it can leave adverse effect on your new employer. Better try other alternate suggested already.

Raj Kumar Makkad (Expert) 01 June 2020
As Experience letter contains the full particulars of the employment with the employer till the date of the removal/resignation/termination whatever it may be and company would not issue you clear certificate so the same shall be of use for you so better to wait for the outcome of the case.

Rajendra K Goyal (Expert) 02 June 2020
You can request the company to issue you experience certificate. If the company prefer to issue and found of use, you can use.

Chances are bleak.

Raj Kumar Makkad (Expert) 02 June 2020
The author has already mentioned that he had applied for the experience certificate which stands denied by his previous employer company so repetition is going to fetch suitable results.

Rajendra K Goyal (Expert) 03 June 2020
As already clarified, either the company would not issue experience certificate, or the certificate would be of no use in new job due to adverse entries in it. In such case alternate proofs as mentioned earlier may be used.

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