Current employer(reporting manager) threatening me.

Have you recorded this conversation and/or do you have any witness?

>> The date of retirement (relieving date or last day in office or effective date of resignation) is to be chosen by the party that has initiated the separation.

In your case you have tender resignation therefore you have to state the notice period being tendered by you, and effective date of resignation. You may also mention that “Till now, I have not assigned any work in this company. “ and hence this employment has making you to sit idle, and that  no tasks as on date is pending and routine duties that can be completed on day to day basis be assigned within and up to expiry of notice period.

You should address the notice to good offices of appointing authority, MD preferably by letter thru redg. post.

and mention the notice period as per clause number..................stated in appointment letter dated..........................issued to you.

Even if you have entered in some internal software ‘Resignation tool’ clarify by notice of resignation thru letter by redg. post.

>> The notice of resignation should be carefully drafted.

The date of relieving can not be more than the notice period stated in appointment letter or standing orders applicable to the establishment and extended to the employee.

>> >> If standing orders are applicable (Certified/Model) to the establishment and have been extended to the designation of employee and if notice period (service conditions) stated in standing orders is 1 month the notice period in appointment letter can not be 2 months.

As per Model Standing Orders the notice period during probation is NIL and max. I month after confirmation of service.

>> Software companies are commercial establishment and covered by Andhra Pradesh Shops and Commercial Establishments Act. Notice period as pert his Act for service period< 3 months is NIL.

As pert his Act the employer is bound to send copy of the appointment letter to Inspector appointed under this Act.

You may demand to know from Inspector how come he has approved the notice period in appointment letter while it is not applicable as per Act.

In another thread the Chief Inspector in Andhra Pradesh Shops and Commercial Establishments Act commented that notice period as stated in Act shall remain in force and shall prevail upon appointment letter.

 https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM

>> Employee should endeavor to give reasonable notice and avoid loss to the employer.

>> You should take nest employer in confidence and inform preferably in writing that as informed during interview notice period is .............month and current employer is unwilling to accept resignation without full notice period and may not issue

Acceptance of resignation, relieving letter, FNF statement/settlement, last salary slip and future employer should e to absorb you on the strength of copy of resignation only.

This is the most Imp. step to be taken.

>> You may not create your profile in NASSCOM. It is not mandatory.

It employees in AP and Karnataka has formed unions and the employees union can agitate against such a clause.

The standing orders are applicable to the companies and such clauses which violate the standing orders (Model) can be agitated to DLC in O/o Labor Commissioner.

Trade Unions are willing to embrace employees.

Approach them.

They know precise ways to handle such matter.

 >> NSR of NASSCOM has clarified that it does not black list employees.

Your manager if issuing threats and you have evidence can be prosecuted and rather he may get blacklisted.

Employees unions and trade unions are not forgiving in such matters and may choose to circulate the credentials of such managers amongst consultant, and people and authorities that matter.

>> Resignation can be without permission or notice.

>> If you are not able to handle the matter alone and on your own approach employee’s communities, unions, trade unions, elders in the family, competent and experienced well wishers, lawyer/law firm, O/o Labor Commissioner, Inspector under Shops and Commercial Establishments applicable to the state etc

There are many threads on notice period/pay that you may find useful e.g;

https://www.lawyersclubindia.com/forum/Company-s-notice-period-extension-93453.asp#.UqLtUtIW1MA

Hi Sir

Firstly, thanks for your valuable reply.

Have you recorded this conversation and/or do you have any witness?

 No, I didn't do that. Neither the office has no CCTV cameras.

I have sent the resignation letter in this way.

-----

Hi XXXX(My reporting manager)

I would like to inform you that I am resigning from the position of XXX at XXXX on 6th December, 2013

I owe a great debt of gratitude if you can kindly accept my letter of resignation and thus relieve me from the services as soon as possible.

I wish you and rest of the team a very great success.

Sincerely
XXX

For this, her just replied

 Hi XX

 We, will discuss post lunch.

 Regards

------

I am even ready to serve notice period of 2 months, but whatever he has spoken is threatening me about my future employments. But, I have no witness of his threatened words. What if he doesn't accept my resignation?

From, your reply  this is what I have understood, please confirm, if my interpretation is right.

1. There is no way he can blacklist.

2. According to Andhra Pradesh shops and Commercial Establishments Act, notice for service less than 3 months is NIL.

3. As per Model Standing orders, notice period during probation is NIL and max of 1 month of confirmation of service.

    Here is statement from my appointment letter:

      You will be on probation for a period of three months from the date of your joining. However, it can be further extended upon completion of three months, purely depending on the discretion of management which shall be informed to you along with the reasons. Confirmation of your probation is purely based on your performance and behavior during the probation period.

4. I should send a reply email to the offer that I have now,  mentioning the fact this way.

     Hi XX

      I'm glad and would thank you for the offer. As mentioned that I am working in the company XX currently. I have resigned from the current company, but my employer is unwilling to accept my resignation without full notice period or though notice period is served and may not issue Acceptance of resignation, relieving letter, FNF statement/settlement, last salary slip. Also, he has told be verbally that "He's going to give negative feedback for background checks regarding me". On this front, I request you to consider and absorb me on the strength of copy of my resignation only.

 Thanks

5. I should send an email to my reporting manager that

  Hi XXX

 According to my contract, my notice period is 2 months, so my last day would be 6 February, 2013. I will, of course, work until that date if you want  me to. However, I would like to discuss if it would be possible for me to leave on 31 December, 2013 or early. 

  Thanks

I would proceed as per your guidance. Thanks.

You have posted that:

------“ I am even ready to serve notice period of 2 months,’

Then what is the issue?

If the 2 months has been determined as max. period and notice pay in lieu of notice in appointment letter that is bilateral agreement then both employer and employee should not have a dispute on agreed T&C.

----“No, I didn't do that. Neither the office has no CCTV cameras.

“whatever he has spoken was true and threatening me about my future employments. But, I have no witness.”

The reporting manager can deny the verbal transactions.

You can try again for the evidence and witness.

---“I have sent the resignation letter in this way.

Hi XXXX(My reporting manager)‘

Address it to the appointing authority, MD, Chairman............................and submit preferably by redg. post.

If you are tendering notice of resignation then mention that you are submitting notice of resignation for notice period of ................days and effective date of resignation is after expiry of notice period of ..............days i.e. dated...................

Demand to accept and acknowledge receipt in writing by redg. post.

----“What if he doesn't accept my resignation.”

He can accept only if he is authorized by board of the company as competent authority to accept the resignation, otherwise he can’t.

Resignation can be without permission and notice.

Submit reminders and affirm to handover the charge ( under acknowledgment on the spot) and declare that no tasks are pending at your end.

----“There is no way he can blacklist.”

You are from the trade and state and must understand that if you have created a profile at NSR the employers can add comments.

The secretary of the IT employees union in that attachment in first post may be contacted for more and in depth details.

 You may also go thru at the website of NSR:

"National Skills Registry (NSR) tour for Subscriber Companies" and other details. 

Learn more from IT employees unions and trade unions and your lawyer and understand which law has given any power to a private person to blacklist.

------“According to Andhra Pradesh shops and Commercial Establishments Act, notice for service less than 3 months is NIL.’

Go thru the act. It and the contact details of the Inspector should be available at the website of dept. of labor of AP or you can buy the latest version from market.

A soft copy is although attached.

Sec 47: (1) Notice period for service < 6 months : NIL

Sec 68: (4): Every employer shall give an order of appointment to his employee in the establishment before such employee joins the service and shall also furnish a copy of such order to the Inspector having jurisdiction over the area, within three days of issue of each such order:

Model Standing Orders:

13.          Termination of employment.-- (2)     No.............................. probationer ...................... shall be entitled  to any notice or  pay in lieu thereof if his services are terminated ,...........................

------It may not be necessary to write that your manager shall issue adverse comments against you.

The on line discussions have its own limitations.

Having understood the basic nuances of the matter it shall be appropriate to sit in person along with elders in the family, competent and experienced well wishers, with a  competent and experienced labor consultant/ service lawyer along with copies of all the docs and evidence you have and give inputs in person.

The lawyer that examined the docs and inputs in person can advice you the best. Your lawyer can structure and draft your representations.