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@Sonam   19 October 2015

Company don't want to release after serving notice peroid

Hi Experts, I resigned from my organisation on 12th October 2015 and I agreed to serve the two months notice period as I got a new job.I have send resignation mail to my manager but my manger not replynig for acceptence of my resignation.

later on he called me and told me that since I am in client plece so I can't resign untill project is closed.Also my manager told me that company is losing business for me,they dont have any replecement for me.Although in my offer letter only two months notice peroid is mention.If I resign in this peroid they are not liable to release me and not providing me any experience letter.

So my question is :

1.Why I am suffring for their business?

2.If they are not accept my resignation what can I do?

3.Can I leave the client place after complition of notice peroid?

4.How can I got release and experience letter from my company after notice peroid?

 

 

Please advice.

Thanks & Regards,

Sonam

 

 


Learning

 11 Replies

Kumar Doab (FIN)     19 October 2015

Apparently you no record (audio/visual/witnessed/minuted) to establish that your managers has stated that.....................as posted by you.

 

Hope you have copy of the notice of the resignation by email. You can send notice by Redg. Post to appointing authority,MD, narrating the email and attaching a copy.

 

If Manager is not appointing authority or authority to accept notice/resigantion then he is duty bound to send it further and should mark a copy to you. You can ask him in writing on the same email trail........................and mention that NO tasks are pending at your end and to whom you should handover the charge within and upto expiry of notice period i.e. LWD i.e dated.....................

 

Download the attendance of all days and proof that NO tasks are eepnding at your end.

 

There is always elders in the family, well wishers, employee's unions/Trade Unions, Labor Law Consultants/Service matters lawyer/Law firms, Higher Officials of Dept. of labor to consult well in advance before acting on your own.

 

 

Service certificate has to be issued to all employees.

You may go thru:

 

https://www.lawyersclubindia.com/experts/Kerala-shops-and-estabilishments-act-566406.asp

 

The salary slip of all months, appointment letter, PF  a/c slips,ESIC card,Form16, FnF statement.................and even termination letter can very well serve as good as service/experience certificate.

 

You may need the support of one and all as mentioned above hence consult and proceed under expert advise of your counsels.

 

There are many threads with similar query that you can serach in search option.

 

 

1 Like

Dr J C Vashista (Advocate)     23 October 2015

Very well explained and advised by expert Mr. Kumar Doab, I agree and appreciate, no room left to add.

The MD is bound to accept the resignation and you have no concern about the profit/loss of the business after notice period. No one can stop you from joining new assignment after notice period untill you bow down to their pressure. However, seek help/advise from local prudent union leaders/service matter lawyer.

@Sonam   23 October 2015

Thanks Mr. Kumar Doable and Dr. J C Vashista for your explanation. First of all I don't have any proof that my manager stated that. My manager is all about company.So he can recruit and realese any employees. Although in my resignation mail I have included MD and HR also.I don't receive any acceptance from their side. So can I mail again them to know my resignation status or for NO. Now if I go through legal way then my question is they can settle all this things in timely manner else I am not able to join to my new office. Thanks & Regards, Sonam

Kumar Doab (FIN)     23 October 2015

Similar query has been discussed in many threads and you can search in search option and pick up the relevant points.

 

First thinf is that you should be able to explain (in writing under proepr acnowledgment preferably.................. ) and convince your next employer to absorb you on the strngth of copy of notice of resignation,final resignation and its proof od dispatch,delivery only and it shall not terminate employment if acknowledgment  and acceptance of resigantion, service certificate/relieving letter (with good comments and avoid without comments and with adverse comments) is not issued and supplied to you....................................as it is to be issued by employer and until you get it you can't supply it.

 

You must narrate in writing in everything...................in notice of resignation/subsequent communication/final resignation all imp points including but not limited to.......................'and mention that NO tasks are pending at your end and to whom you should handover the charge within and upto expiry of notice period i.e. LWD i.e dated.....................and Download the attendance of all days and proof that NO tasks are pending at your end, salary slip of all months,PF a/c slips,ESIC card,POD of all communications,FnF statement etc.'

 

Employee can not be bound by force.

Your liablity is ...............................to submit notice of resignation/notice pay in lieu of notice period/final resigantion............ handover of charge if demanded from you.

 

You can resove either by applying your skills or with support of ........................elders in the family, well wishers, employee's unions/Trade Unions, Labor Law Consultants/Service matters lawyer/Law firms, Higher Officials of Dept. of labor......................

 

@Sonam   29 October 2015

Thank you again Mr. Kumar Doab for your expalnation.Its really appriciated.

Thanks & Regards,

Sonam

 

 

@Sonam   07 November 2015

@Sonam   07 November 2015

@Sonam   07 November 2015

Hi Expart,

 

Again I am in trouble and need your helps. As I am mentioned earlier I already resigned from the company on 12 th October 2015 over mail including MD, HR, and manager of the company. For resignation they are not provide me any acceptance. Now today I got a mail from HR that is "Company Resolution on HR Policy - Effective from 7th September, 2015 - 2:30 PM Onward".

 

Following is the contents of the mail:

Hi All,

 

This is to let you know that company has taken a Resolution related to HR Policies for the sake of Company's Good. And we are officially distributing across the team. It is effective from 7th September, 2015 - 2:30 PM Onward but due to official process and availability of officials, it has been delayed to make it public.

 

Please find the attachment.

 

Thanks

HR

QTS

 

Today company spread to all the employees over email but it is effected from 7th September.I already resigned before getting this mail. So my question is it legal procedure to change company policy with out informing employees?

 

According to my offer letter employees needs to served 2 months notice period if he/see can resigned. Now new resolution policy they have mention lots of conditions for resignation. Does this new resolution is also applicable for me?

 

Here I have given some point of New HR Resolution:

 

1.Resignation Policy:

 

a.In case of onsite assignment for project accross India:

Employee need to serve 6 monts notice peroid.

b.In case of onsite assignment for project outside India:

Employee need to serve 12 monts notice peroid.

c.Offsore and ofsite project policy:

Employee need to serve 2 monts notice peroid.

d.Violation Policy:

In case of violation of any of the above clause as fitted company will not be obligade to provide Experience and realese letter.And depending on the sensitivity and criticality of the project and impact to the business ,company may seek to the help of Indian juditial syastem if required.

And lots of thing discuss about resignation,as here no option to upload file I am not able to showing you.

Really I am in trouble please help me.Any help will be appricited.

 

Thanks,

Sonam

Kumar Doab (FIN)     07 November 2015

Have you sent resignation by email from official email id or personal email id?

Resignation is personal  matter and can be sent from personal email id. YOu may also sent by letter thru redg. post.

Download every communication as later you may not get anything.

Reply to the email and narrate that you have already resigned and the conditions narrated in email can not be implemented from back date (and you do not accerpt new conditions).

 

 

There are unlimited number of threads on similar queries at LCI that you can search in 'Search' option.

The employees that are united and have formed unions/IC/Guild/Works Committee etc, have affliiated with trade unions can handle such situations much better.

There are unions of BPO/KPO/IT/ITeS employees now and have affilliated with trade unions like CITU/INTUC/AITUC/BMS etc..........................Search in Google.

 

The first thing first: Explain the situation in writing to next employer under proper acknowledgment and conclude that until or unless the service certificate/relieving letter,acknowledgment and a ceeptance of resignation is supplied to you ,you can't provide these and company should absord you on the strength of notice of resignation,proof of delviery only and must not terminate you if you are unable to supply these, and should buy out notice period/pay and pay it at once upon joining.

 

You may ask the current employer to compute earned wages, bonus,incentives,reimbursments,leave encashment,notice pay etc in FnF statement and supply it to you. If notice pay in computed in FnF statement and is remibursed by next employer yu may be double taxed.

You may also relate evertyhing with clauses of ( name of your state) Shops and Establishments Act,Model Standing Orders,Certified Standng orders and the notice period of 90 days may not neccessarily be applicable to you. It may not be more than 30 days.You may demand copy of all above documents from company in writing under proepr acknowledgment  and now write by letter thru Redg. post and /personal email id and download copy of all communications sent from official email id.

 

If you are unable to handle on your own,lean on yur able counsles.

@Sonam   07 November 2015

Hello Kumer Doab,

Thanks for your advice it will help me a lot.

I sent my resignation from my personal mail.But I am not sent my resignation by letter thru redg. post because previously I have seen that all the employee of this organisation resigned through mail.

 

One more thing I send my resignation to company provided mail domain but now they have change their mail domain (Previously I do not informed me about that domain) and send the HR Policies to that new domain including my personal id.Will it be cause any problem?

I have one more question :

Does the company have freedom to termination the employees during the notice period ?

 

Thanks & Regards,

Sonam

Kumar Doab (FIN)     09 November 2015

Last reply: Termination during notice period may get termed as bad order. Record all calls/meetings etc. Approach employee's/trade union leaders and your able labor law consultant, alongwith elders of your family. I have nothing more to add. You may wait for advise from other experts/members.

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