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Nitin Agarwal (AVP)     11 February 2010

Change in resignation date

 Hi,

I had resigned in August 2009 but my resignation was not accepted and my boss kept on saying we would like to retain you and we will do something good for you... this went on for 3 months and on 1st december 2009 as nothing was working substancial i asked my boss to accept my resignation and releieve me by 26 feb 2010 as this would fulfil the criteria of 3 months notice. 

My boss asked me to give the letter of resignation again and not mention any date on it. I trusted him and requested him that i want to get releived by 26 feb 10 so kindly put the date as 1 dec 2009. 

Later i recieved the mail from HR stating that management has accepted the resignation from 15 dec 2009 and you have to pay the amount for 18 days. 

I need guidance on what should i do? i have discussed with my boss and he says he will see. 

My mediclaim is also pending with the company and its of big amount? can they hold the cheque of the mediclaim? 

thanks



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     13 February 2010

 Dear Mr. Agarwal, 

Having given the 2nd letter with 1st December 2009, date personally, it is effective from that date and the HR cannot introduce a date of acceptance, for notice purpose. Please send a letter recording the precise facts and the company is obligated to settle your dues including mediclaim. May be there could be some delay in settlement but they cant deny your claims.

vasudevan

radha (freelancer)     07 April 2010

Mr. Vasudevan has made it simple and clear that "May be there could be some delay in settlement but they cant deny your claims."

You handed over your resignation to your boss, and your boss has told you in 2nd case he shall see.he has already done what was damaging for you and  suitable for him and company, and earned him the marks.In 1st and 2ns case he has taken you for a ride.

Did you keep a copy of your 1st and 2nd resignation letter.Was your 1st resignation not accepted in writing.Do you have any documentary evidence to prove that you had submitted 1st resignation e.g email/airway bill/pod/acknoledgment on the photocopy of resignation.

You had not put the date on your second resignation letter and it is put by your boss as normally HR.won't do it and they shall obtain all fromalities as per the protocol , from your boss.Did you mention that your resignation should be accepted from 26 feb 10 . If you have not mentioned in your letter that you are submiiting notice of resignation, and its effective date, it  is not notice, and  thus it is resignation effective from the date on it.

With your copy you can point out that a undated resignation letter was procured from you.

If your notice period is 3 months and date on your rsignation was put as  1 dec 2009 then how they have arrived at a notice pay for 18 days.

In large and ggod companies usually there are cells where employee can lodhe the grieviances and the content is kept confidential. You may try and have an audience and write the facts, for a resoloution

adariharish (SSE)     26 May 2010

Dear All,

I have joined a company one month ago. I have tendered my resignation recently.

Right now i am in probation period since i have joined the company in the last month. So, as per the contract, i can pay one month's basic pay to the employer and can terminate my service.

More over i didn't receive or undergone any business/project related functional KT.


According to the contract/deal, we have:

" 1. You will be on probation for 3 months from the date of commencement of your service. At the end of satisfactory completion of probation period you will be confirmed in the services of the company."

" 4. During the Probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, notice period for severance will be three months on either side or salary in lieu thereof. Salary for purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."



Now that i dont want to serve the notice period and i am asking them to deduct one month's basic pay from the current month salary plus any other charges as applicable, as per the contract. I even asked them if any mode of payment is required please let me know.

But the HR is refusing to release me immediately and asking me to serve the one month's notice period or they will take the legal action's against me.

I have asked them to go with the contract/deal that i have signed at the time of joining with the employer, HR is behaving very arrogantly! and ignoring my request.

i dont need the releiving letter also but i just wanted to know whthr any thing they can do legally in this case.

Eargely awaiting for your suggestions.....
 
Thanks in Advance! for all your valuable inputs

Harish

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