pavan (Consultant) 15 November 2013

Mnc issuance of experience certificate & re-leaving letter

Hi All,

I am an employee of MNC (Main branch at Pune), and I am working at Hyderabad since last 3 and a half years i am critical resource to my project

I have been given 3 months notice period, as per my company recruitment policy,

But My mother is suffering from lung cancer and i dont want to serve my 3 months notice period.

1) Is there any legal condition that every employee who undersign 3 months notice period cant leave the organization without serving the same ?

2) Even if company wants me to serve the notice period i can serve the notice period only after a prolonged leave of more than 3 month. Is there any law which abstracts the employees to take such leaves ?

Thanks

Pavan

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2 Replies

BAALASUBRAMANNYAMM (Advocate) 15 November 2013

If you verify once, as per the terms and conditions of your "Appointment Letter", three months notice period from either side, is compulsory. In case either party, is not in a position to give three months prior notice , as stipulated, in lieu thereof, either party should have to compensate the same in the shape of three months salary.

Option: You can take a long leave for the said case and after re-joining, give a three months prior notice. Thereby your purpose will be solved, without any loosing.

Kumar Doab (FIN) 15 November 2013

You do not want to cause abrupt termination and are also exploring the option of leave.

You have displayed character and sincerity in your post.

All options that you have thought of are possible, within your rights, and are without any prejudice to your rights.

The reason posted by you for separation and leave is a valid reason.

For an employee first is mother (parent) family and self, then motherland (nation) and employer would come later.

Employee should however justify every penny of salary paid to him and work sincerely.

Employee should carefully build favorable written record while in employment to suit long term interest and should preferably resolve the matter while in employment by applying goodwill, rapport and exceptional levels of persuasion, persistence, reasoning, negotiation skills.

You must structure and draft your notice of resignation and subsequent communication carefully.

Resignation/separation is a personal matter and can be transacted from personal email and notice of resignation/resignation should preferably be submitted by letter addressed to good offices of appointing authority, MD, thru Redg. post. The reason for resignation (as a valid reason as in your case) notice period/last day in office should be clearly stated.

Employee may request the good offices to supply the acknowledgment of notice immediately by resg. Post and also to supply by the close of office hours of our last day in office/expiry of notice period the acceptance of resignation, service certificate, relieving letter (with good comments on conduct and performance), correct FNF statement, payment of FNF dues by bank DD only, receipt of handover of charge/company property (if any), Form 16 as per correct FNF statement, NOC/NDC, PF number, PF account slips of total tenure of service, attested copies of PF withdrawal or transfer forms, last salary slip and salary slips of all months of service etc by redg. post only.

{ The employer is under obligation to supply all these documents and payment to employee}

Employee must request the good offices to inform immediately in writing to whom to handover the charge and designated person should be informed in writing with a copy to you to take charge under proper acknowledgment on the spot.

Employee must write that all assignments/tasks as on date have been completed and nothing is pending and routine duties be assigned now that can be completed on day to day basis within and up to last day in office i.e dated………………………as stated in notice of resignation dated……………….

Employee should submit periodic reminders in writing by copy to self and should submit final resignation on last day in office.

Employee should submit reasonable notice.

The purpose of notice is to allow the other party (employer) to make arrangements to complete exit formalities and handover of charge. One month by all counts is enough and sufficient for employer to put his house in order.

Notice period is part of service conditions and is stated in standing orders applicable to the company, statue, appointment letter, service conditions, contract of employment………………………….and is also stated in Shops and Commercial Act…………..applicable to such establishments.

In all enactments applicable to establishments and employee notice period is not more than 1 month.

The AP Shops and Commercial Establishments Act is so employee friendly.

There are threads initiated by the employees that indicate that Labor Commissioner (also as the Chief Inspector under Shops and Commercial Establishments Act of your state) advised that the notice period stated in the Act shall prevail e.g; maximum 1 month.

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

The employer, line managers, HR is known to intimidate and subdue the employee by applying tactics.

The employee is coerced forced and threatened with termination, BGV, level charge of abscondment/absence etc however these are easier said than done.

Employer is personally held responsible for faithful observance of standing orders.

As per AP Shops and Commercial Establishments Act the employer has to necessarily supply the copy of termination order within 3 days to the o/o Inspector appointed under this Act and has to provide a service compensation @ 15 days wages/year of service.

47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension :

In another case in your state the Chief Inspector under Shops and Commercial Establishments Act of your state in fast proceedings reinstated the employee.

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.UcRuGjuAqWM

Although you have mentioned your designation as ‘Critical Resource’ the designation alone does not decide that employee shall be covered by the enactments or not.

Each employee is critical to the establishment be it a Guard: guarding the premises, receptionist that is public face of the company, cashier handling cash of the company, IT guy, Electrician ensuring electric supply or a Manager, or MD or for that matter a Critical Resource……………

There are employers that are all time prepared for attrition and attrition does not affect them.

If no replacement is found by employer Reporting Manager, HOD, or employer himself has to take charge.

The tantrums are shown by those Managers that are Arm Chair Managers.

Please keep this thread updated.

There are many threads with similar queries and you may find this relevant e.g;