Resignation is personal matter and any communication can be submitted from personal email id (preferably by letter thru Red post), and should ideally be addressed to appointing authority, MD, Chairman, Board etc.
Usually offer letter is issued first and post acceptance of offer letter appointment letter is issued on the date/day of joining.
What was issued first to you: Offer Letter or appointment letter? Was it mentioned in first letter (Offer Letter or appointment letter) that service conditions shall be governed by say………………….HR policy/Service Rules etc that are available on employee portal/company portal and your log in id and password to access the portal is………………..?
You have already posted that “In appointment letter they didn't mention any thing. In offer letter they have mention abount some sepration policy in which this clause is written which was given to me after joining.”…………………….however you may reconfirm the reply.
You have posted that:
-- “Yes they asked to resign and I have sent acknolowdgement before a month from the day of joining.”…………………………..Is this communication inwriting? You must add in your representation that on dated…………………..Mr/Ms……………asked you to resign from M/s………….. before joining Ms………………and acknowledgment of resignation was demanded from you and you did that and supplied the acknowledgment.
--“ offer letter given to me after joining an organization and in which this cluase is mention so I don't have any choice at that time.” You must highlight it.
--“ Officiall no one is reporting to me since joing the company.’ Mention it but in low tone.
--“ Are you a member of any employee’s/Trade Unions?
Ans: No’
It is to your disadvantage and your loss.
--“ No next employer do not agree on any above conditon.’
You have not negotiated properly. You are at disadvantage now.
There is no need to mention that you had applied thru consultant, at the moment.
You may submit a gentle representation narrating that on dated……………..you got a call from (mention names/phone numbers/dates…………) and no condition…………… was mentioned…………………by recruiter/HR/during interview dated…………………at………………by ……………then ………………and cover everything……………….and conclude that any condition that was not communicated/negotiated in interview and first letter (offer/appointment) should not have been included in T&C inserted in 2nd letter that was supplied to you ………….days after joining and …………….days after having resigned from employment in hand i.e M/s…………and it was made understood that if you are asking to relocate you will be paid all expenses without any precondition…………….
If at all you decide to pay, it should be under clear protest……………………..and clearly visible that you were threatened that Relieving letter was not be issued and thus you would be rendered unemployable……………….so that you can agitate later.
You may ask them to include/adjust………… the penalty e.g. relocation expenses/notice pay (mention as per correct notice period applicable to you) etc along with earned wages,Bonus,leave encashment etc in FnF statement and supply the service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC,Handover of charge,salary slip of all months,PF number with a/c slip etc on LWD.
Get good comments in Reliving letter on conduct and performance and avoid without comments and with adverse comments.
Don’t accept the FnF statement or record that it is (erratic) not in line with letter/email dated……………….addressed to appointing authority/MD etc....................
And/or build irrefutable written record that places on record that you were forced/coerced/intimidated/pressurized for……………..including acceptance of FnF statement……………
IT companies are covered by (Name of the State) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in establishment covered by the Act.
The nature of employment as posted by you, you might be covered by the def. of ‘Employee’ as in Bombay Shops and Commercial Establishments Act, and also ‘Workman’ as in ID Act……………..and even if you are not covered you seem to have a good case in other fora.
You may go thru:
Bombay Shops and Commercial Establishments Act;Sec: 2(30),38-B,66
Notice period for 4 months of service is 14 days.
The standing orders are applicable if no. of employees is 50 or more until or unless state govt. has not exempted your trade/industry/establishment………………….and if standing orders are not certified Model Standing orders shall apply.
Model Standing orders; sec13-18;Notice Period during probation period is NIL and after confirmation 30days……………….and service certificate should be supplied on LWD.
If standing orders are certified then you may check if your designation is covered.
These enactments being Act of Law/statue/instrument of law shall prevail upon any private agreement that employer has drafted and signed with employee.
In Maharashtra employee’s/trade Unions have traditionally been strong and as MRTU,PULP the practice may be termed unfair. In Maharashtra the Labor Dept also offer PAMS…………………..
It shall be better if all of your representations are drafted by your able Labor Law Consultant/service matters lawyer/law firm.
