2 weeks too short a period for employer/employee to separate. Employee should conduct due diligence before joining any employer.
At times employer and his line managers/HR can turn adamant, recalcitrant, vindictive towards employees resigning after say 2 weeks treating it as a mockery of their company.
Notice of resignation/Resignation should always be supplied by redg. post and POD should be obtained from PO.
You should be able to conclude that you have duly submitted resignation and have left after prior intimation and have not absconded/absented/abstained. You should also contest any attempt to claim that you are coming to office and claim that such statements are willful falsification of record……………..
1. You have resigned by informing your manager in person in office and in writing from official email id.
(You can reply and state about resignation and ask for the copy and/or to provide access to official email id and you would generate the printout and submit again. You must state in notice/resignation/reply to letter that no task/company property was ever assigned to you and nothing is pending at your end. And that all of this duly discussed in office with Mr/Ms…………..)
Resignation can be without permission or notice. The party (which breaches the contract: employee in this case) has to compensate the other party (employer in this case) as per bilateral agreement (appointment letter/contract of employment/service agreement………….)
If the liquidated damages are well defined in the contract that is the max. company can ask for……e.g. notice pay, or bond amount etc……………
2. You have worked for 2 weeks only. Were your services under training/probation or did you join as a confirmed employee from day1?
Notice period as a part of service conditions is stated in standing orders (certified/Model) applicable to the company, offer letter, appointment letter, contract of employment, statue…………………….and Shops and Commercial Establishments Act applicable to the establishment.
The term Industry does not mean factory alone. The Standing Order Act is applicable to all establishments to which the Payment of Wages Act, 1936 applies. Section 2 (e) (iv)…………..
The service conditions and notice period stated in standing orders can not be negated to employee in appointment letter. Standing orders shall prevail upon all other docs……………………
If notice period is 1 month in standing Orders it can not be more than 1 month in appointment letter. Standing Orders should be displayed at conspicuous place or notice board. Employee can obtain copy from employer against a nominal payment say Rs10/…………………………………and also from certifying officer (DLC) against a set fee………………………
Although designation alone does not decide employee is a workman or not it shall be appropriate to approach a competent and experienced labor consultant/service lawyer and you r lawyer can opine if you would be covered as ‘Workman’ as in ID Act or as ‘Employee’ as in Shops and Commercial Establishments Act or not.
It companies are covered under Shops and Commercial Establishments Act and in many states have not granted exemption from the provisions of Industrial Employment Standing Orders Act……………………………….
You may carefully go thru Shops and Commercial Establishments Act applicable to your state and Model Standing Orders…………………
Model Standing Orders: Notice period during probation period is NIL.
The service agreement signed by you may be violative of standing orders.
Shops and Commercial Establishments Act: Notice period for 2 weeks service may be NIL.
You may check with o/o Inspector/Chief Inspector under Shops and Commercial Establishments Act and O/o Labor Commissioner and confirm applicability of standing orders to this establishment.
Another employee in another thread has pointed out that Labor Commissioner Office mentioned that notice period is 1month as in Shops and Commercial Establishments Act and notice period of 3 month i.e. more than 1 month can be termed void.
https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM
The current employer can absorb you in employment without relieving letter.
Another employee in another thread has pointed out that he firmed up all T&C with next employer and has remained in employment without relieving letter.
https://www.lawyersclubindia.com/experts/Notice-period-not-served-in-full-425096.asp#.Ukw5ddKAqWM
Another employee in another thread has pointed out that he/she succeeded in getting relieving letter with god comments.
https://www.lawyersclubindia.com/forum/No-relieving-letter-even-after-complete-notice-period-89126.asp#.UkvfGtKAqWM
You may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, service agreement, letter/notice by the company, etc to your labor consultant/service lawyer……………….and proceed under the expert advise of your lawyer.
In the meantime you may find the attachments as useful.
