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Pande Advocates Consultants (Owner)     07 February 2012

Company not releving even after resignation

Hi

my client is working in International Bank.

In his bond it was written that before resignation 3 month notice is to be served.

Due to torture by sr. management he has decided to resign and gave 3 month notice to company.

Company has neither accepted his resignation nor rejected it but his id password his locker , his id card and his access to work place was seized and barred without any intimation.

he was told that your releving letter will be given after completion of 3 month notice period and his salary also stopped.

now he is requesting his HR and Management for giving written intimation about whether his resignation is accepted or rejected ?? if accepted then give him releving letter ?? if rejected he should be allowed to work and his salary should be paid??

HR and Management is not replying to him.

now situation is that my friend can not work for any company unless his releving letter is given and he is also not getting payment for his current job.

is it possible that company can stop salary in notice period and stop access as well>>??

now what legal remedy he can opt???



Learning

 2 Replies

k.chandrasekharan (advocate)     08 February 2012

This is a widespread problem people in the IT sector and corollary services sector face.  In their eagerness for quick responses to emails, such employees send communications which prove to be meaningless when faced with prospect of litigation to resolve disputes. Often these emails are also lost the employees since they use the company domain for sending such mails in the formats of the company and when the access is blocked by the company to their domain, communications are not able to be retrieved. If copies have been endorsed to personal mail IDs also, then some such may be retrieved and used as evidence. I would suggest the questioner to realise this and also spread awareness amongst colleagues and friends.

Coming to the issue:

Issue a legal notice mentioning in detail, REPEAT DETAIL, terms of employment, prescribed notice period,date and mode of sending resignation notice, time elapsed without communication in response, date of denial of access to the company for purpose of attending office by cancellation of ID access/punch card, claim quantified for salary arrears, productivity bonus,medical allowance and any other dues, seeking access to 'locker' if any personal effects of the employee are kept therein, demanding communication of acceptance of resignation duly mentioning the ostensible effective date, giving 15 days time to reply. Thereafter issue another notice, if no satisfactory reply is received, communicating effective and implied cessation of employment by acts of commission and omission of the employer, in detail, and seeking experience/service certificate and money due giving 7 days' notice. Still if no satisfactory reply is received, file a civil suit, for recovery of money due, relief for 'locker' matter, if so required and a declaratory order as to the cessation of employment on the ostyensible effective date as per resignation notice. Thereafter the matter shifts to court, and assist your client in getting the case expeditiously disposed off, by seeking mediation/lok adalat if found effective in your opinion.

Kumar Doab (FIN)     10 February 2012

 

Mr. Chandrasekharan has given valuable advice. Kindly follow it.

Employee may submit a written representation by letter under acknowledgment addressed to good offices of appointing authority, MD, Head-HR, Company Secretary, narrating the torturous activities of superiors ( if these are tortuous), and then blocking the punch card, access to workplace, HR/management maintaining studied silence on representations ( include names of all personnel). Rude and torturous behavior renders the employer unworthy of being employed with.

The employee must mention effective date of resignation in notice of resignation submitted by him or should issue a follow up communication. If the employer accepts before the effective date it can be termed as illegal.

The employer might approach employee to accept notice pay and not to lodge protest.

The seizure of ID card, access to work place, locker can be termed as deemed termination, or acceptance before effective date. Employee must express that he has approached the office to attend to work till his last day in office i.e. dated .............................( last day of notice)at his assigned work place on the date of ............( mention date on which access to workplace was seized) and mention that his earned wages have not been paid.

The employee may complain to the o/o wages Inspector and let the company state whatever it wants.

 


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