While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on probation/Confirmation/termination/resignation.
 

Since how long you are working with this company?

 

Do you have copy and POD of notice of resignation tendered by you? Did you mention the notice period/LWD in it?

Did you mention that to whom you should handover the charge within LWD and that NO tasks are pending as on date and routine duties be assigned that can be completed on day to day basis within and upto LWD?



Has the competent employee of establishment acknowledged it and accepted it?




What is your designation and nature of duties in appointment letter and on record?


You are in which state?


Whats is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

 

Did you mention notice period in employment application to new company and did you answer the question like ' Within how many days you can join?

Would your next employer absorb you without acceptance of resignation, FnF statement/settlement, service certificate, relieving letter?

 

I am working with this company since 1 year 11 months. My bond period was of 1 year which is already over. I have a copy of the letter/mail of resignation.it is also mentioned with my date of resignation and hr has replied back in the mail chain with the notice period. Also I have asked for my early release within the same mail chain. My designation is of a software engineer in junior level as per record. I am assuming that all the tasks assigned to me on the date which I want my release will be finished and other people are also available to take charge of my work. I am currently working in odisha and my next job is in Bangalore. It's a software company and a commercial establishment. No,I am not a member of employees/trade unions. My last drawn salary was in last month in april. Yes I did mention my notice period to the new company and I also said in how many days I can join based upon my earned leaves available, as they wanted me to join a bit early. No my next employer won't absorb me without my resignation and relieving letter. These are all the answers to the queries asked above.I want to know what I can do in legal terms to deal with my current company and what are my rights?

Repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=137194&offset=0#.Vzmi3zV97IV

You have not replied to all points and have not posted the extarcts from appointment letter.

 

You have posted that:

 

>>> "rest of time I want to get shortened by giving up my earned leaves"

"But my company hr is not allowing me to get released saying that it all depends upon my manager and function head and I have dependencies in my work because of which I can't get release even if I am giving up all my earned leaves"

 

Is it mentioned in appointment letter and/or in any rule/policy mentioned in appointment letter or employee handbook?

 

 

>>> "My last drawn salary was in last month in april."

 

What is your monthly salary?

 

There are many IT/ITeS employees union and have affilliated with trade unions that can handle such matters.

 

 

The notice period of 90 days may not be neccessarily applicable in your case, even if it inserted in appointment letter?

 

>>> "No my next employer won't absorb me without my resignation and relieving letter. "

Since your next employer won't absorb you without resignation and relieving letter are you prepared to take up the matter legally with current employer?

 

 

You have not replied to all points and have not posted the extarcts from appointment letter.

 

You have posted that:

 

>>> "rest of time I want to get shortened by giving up my earned leaves"

"But my company hr is not allowing me to get released saying that it all depends upon my manager and function head and I have dependencies in my work because of which I can't get release even if I am giving up all my earned leaves"

 

Is it mentioned in appointment letter and/or in any rule/policy mentioned in appointment letter or employee handbook?

 

 

>>> "My last drawn salary was in last month in april."

 

What is your monthly salary?

 

There are many IT/ITeS employees union and have affilliated with trade unions that can handle such matters.

 

 

The notice period of 90 days may not be neccessarily applicable in your case, even if it inserted in appointment letter?

 

>>> "No my next employer won't absorb me without my resignation and relieving letter. "

Since your next employer won't absorb you without resignation and relieving letter are you prepared to take up the matter legally with current employer?

 

 

Such Companies are covered by Shops & Estbs Act and provisions of the Act shall prevail upon T&C inserted in appointment letter.

As already posted the notice period applicable may not be more than 30days (if you are covered by the def. of 'Employee' as in the Act).

If state of Odisha has not granted exemption then standing orders should also apply and if applies (to establishment and your designation and as per nature of duties)  then look into Model /Certified standing orders.As already posted the notice period applicable may not be more than 30days...............

A Software Engineer might be covered by the def. of 'Workma' as in ID Act (although your company shall not easily agree to it).

The Orissa Shops & Commercial Establishments Act, 1956 Complete Act - Bare Act; Sec14 (4-A)

https://www.legalcrystal.com/act/136582/the-orissa-shops-commercial-establishments-act-1956-complete-act

https://www.lawyersclubindia.com/forum/shortening-of-notice-period-based-upon-earned-leaves-137121.asp#.VzmiNzV97IU

 

Service Certifcate is duly described in Standing Orders and has to be issued to all employees.

Relieving letter is required for remain employable as per prevailing practise by employers and hence is required to earn source of livelihood.

 

If you are covered by the above mentioned Acts then both you or employer can severe  employer-employee relationship by notice of resignation/termination or notice pay in lieu of it.

 

You may submit under proper acknowledgment that 'I am assuming that all the tasks assigned to me on the date which I want my release will be finished and other people are also available to take charge of my work. ' (as posted by you....................so as ot avoid any charge of having caused loss).

 

https://www.lawyersclubindia.com/experts/Software-engineer-Whether-a-workman-121341.asp#.VznXdDV97IU

IT employee is a ‘workman,’ says court

https://www.thehindu.com/news/cities/chennai/it-employee-is-a-workman-says-court/article8582566.ece

 

PROTECTION TO EMPLOYEES OF INDIAN TECH COMPANIES 

https://www.majmudarindia.com/pdf/Protection%20to%20employees%20of%20Indian%20tech%20companies.pdf

 

https://indiankanoon.org/doc/63768/