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Notice of resignation

This query is : Resolved 
 

(Querist)
29 September 2014

dear sir
i am working in delhi based pharma company from past 9 yrs .asper appointment letter i had served 2 months notice of resignation to company through mail .company had accepted through mail do not mentioned the date of acceptance

i want to know i right to get salary (gross or basic)of notice period as i am not going to office if company do not want to do work

plz tell me about leave encashment as somebody said to me if they pay salary its behalf of leave encashment

rajesh grover


B.B.R.Goud. (Expert)
29 September 2014

Hi.....if u r regularised u r eligible....plz contact an advocate of ur area...

Rajendra K Goyal Online (Expert)
30 September 2014

During the notice period you should attend office regularly. If you are absent company may treat accordingly.

Kumar Doab (Expert)
30 September 2014

Generically It can be interpreted that the notice of resignation has been accepted as per notice tendered by you e.g. 2 months/60 days.
Therefore you should attend to daily work as per work schedule/TP allotted to you.
You have posted that company is based in Delhi.
Submit formal letter of notice of resignation addressed to appointing authority/MD by Redg. Post too and ask your resignation is accepted from which date and mention that in email acceptance issued by Mr/Ms…………………………….the date of acceptance is not mentioned…………………….(and Mr/Ms………………………on dated………………….has asked you not to attend to day to day duties in notice period (if true)/to keep on attending to duties……………………………………………………….OR YOU MAY MENTION THAT YOU ARE ATTENDING TO DUTIES AND ARE SUBMITTING DWR AS PER COMPANY’S POLICY ?

You are based in which state?
Does company have an office at your location?

How many people are employed in it?

Does the company have its certified standing orders?

Has any official of the company asked you not to attend office?
If yes the order was verbal or in writing?
If it was verbal then you should have minuted it in writing even if from personal email id followed by letter thru Redg. Post?

What is your designation and nature of duties and how many persons were reporting to you?

Did you have any power to sanction leave ( or it was only to recommend/forward the leave application), pass increment, conduct appraisal, recruit/appoint/terminate?

Who has signed the appointment letter, and who has sent email accepting the resignation without mentioning date from which resignation is accepted?

Has the company stated in appointment letter that service conditions shall be governed by HR policy/service rules and regulations/standing orders/conduct and discipline rules and do you have copy of these.

If company has asked you not to attend office in writing then it has to tender notice pay @ agree rate as mentioned in appointment letter, HR policy/service rules and regulations mentioned in appointment letter.
If resignation has been accepted before expiry of notice period then company shall have to tender notice pay………………………..or you can claim the acceptance is illegal.
The leave encashment/bonus/Gratuity/incentive etc shall be computed in FnF statement that shall be sent to you for verification and acceptance and paid in FnF settlement.

Submit FOrmI for payment of Gratuity (30 days before expiry of notice period applicable to you) under proper acknowledgment.


Reply point wise to each point……………………………..for further response.

rajeshgrover (Querist)
30 September 2014

DEAR KUMAR SIR

THANX FOR RESPONSE SOME DETAILS U HAD ASKED

COMPANY IS DELHI BASED
PEOPLE EMPLOYED TOTAL 200 PERSONS
NO FROM COMPANY TOLD ME NOT TO ATTEND OFFICE ACTUALLY WE HAD FIELD WORKING INSTEAD OF ME THE COMPANY HAD APPOINT OTHER PERSON WHO IS WORKING IN PLACE OF ME
WORKING AS DIVISONAL SALES MANAGER AND NATURE OF WORKING TO MEET TO DOCTORS ALONG WITH MEDICAL REPRESENTATIVE AND PERSON REPORTING IS 14 PEOPLE
POWER OF SANTION LEAVE AS WELL AS FORWAADING AND RECRUIT

rajeshgrover (Querist)
30 September 2014

APPOINTMENT SIGNED NY OUR MD AND EMAIL SEND BY PERSONAL DEPTT

APPOINTMENT COPY IS WITH ME IN WHICH IS WRITTEN TWO MONTH NOTICE IS REQUIRED BY EITHER SIDE IS NECESSARY AFTER CONFIRMATION
I AM CONFIRMED EMPLOYEE

Kumar Doab (Expert)
30 September 2014

Since NO competent employee of the company has instructed you to stop working, you should not stop working and keep on working as usual.

You should submit TP for approval as usual and preferably attach scanned copy of TP with email also and keep the printout of email with attachment with you…………………….and issue reminders so that you can establish that you were waiting for instructions…………………….and submit Daily/weekly reports with suitable comments as usual.
As already suggested you may submit a representation to appointing authority/MD also.
The notice pay in your case should be @ the company pays if it initiates termination………………..and as stated in appointment letter, HR policy/service rules and regulations mentioned in appointment letter.
The rate of notice pay as in Delhi Shops and Commercial Establishments Act: Sec30; One month’s wages i.e. Gross salary.
If company has already installed your replacement then it should issue written instructions to you to stop filed working/remain at home and that you shall get wages @ gross/basic etc……………….and it should also state in writing the resignation is accepted from which date!

If company has not issued any such instructions then you should demand to supply you written clarification/ instructions and till then continue working as usual and submit TP for approval and /DWR/WR etc……………..as usual.


Build written record under proper acknowledgment and defend your interest.

T. Kalaiselvan, Advocate Online (Expert)
04 October 2014

Well advised by expert Mr. Doab, nothing more to add.



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