Upgrad LLM

company not relieving


My company not relieving me and I mailed them even I am ready to pay for notice period. There is no prompt response from the company. The rules have mentioned that I should serve notice or I should pay but it is discretion of the company. What can I do for not serving the notice period

 
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Advocate

Already replied. just comply with your duty and forget. Employer company is just harassing you unreasonable. you can report the matter of harassment.

Total likes : 1 times

 
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senior

in that case you have no other option but to serve/work till the completion of notice period.

 
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FIN

Where is the said reply of ; 2nd postor in the thread.?

 

You may not show anxiety for prompt response.

Submit notice of resignation with clear LWD and offer to adjust notice pay (as applicable per applicabl enactments applicable to establishment/employer/employee), final resignation , reminders etc under proper acknowledgment and build some written record..

Remain amiable and gentle.

 
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FIN

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?

 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 

 
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FIN

If your relationship was of say; Contractor i.e. not of employee with establishment/employer then you may have to approach civil courts.

If your relationship was of say; employer-employee with establishment  then you may find a recourse thru; Employee’s/trade unions that can represent you (one should become member and become properly informed and get support also)

Greivance redressal committee (notified in some states)

By approaching good offices (in writing under porper acknowledgment) of appointing authority, MD,CEO of establishment that employed you…as fater a limit there is NO point in remaining entangled with attorney’s of employer in HR/Personnel/Accounts/legal cells..

If you have duly replied to all contentions then you have performed your obligation. The duty of employee/contractor is to mark attendance and thereafter IT is obligation of employer/establishment to update/process  and submit the same in forms of various prescribed registers/forms by attorney’s of employer/employer to respective authorities under provisions of various enactments e.g; Shosp & Estbs Rules of the state.. Apparently the attorney’s of employer or employer does not want to act properly and reply to you..  

Inspector appointed under Shops & Estbs Act of the state (if you are covered by the def. of Employee as in the Act)

Labor Inspector/ALC/ALCC ( state/central as per appropriate govt in your case (if you are covered by the def. of Workman as in ID Act)

Inspector appointed under Payment of Wages Act (if you are covered by the def. of Wages as in the Act. This Act does not discriminate between Workman and Non Workman)

Civil Courts (if you are not covered by any of the enactments)

NCLT

 

You may also relate with standing orders (model/Certified applicable to your designation)

The enactments mentioned above shall prevail upon any private agreement drafted by employer and signed with employee.

If you are not covered by any of these then service rules/conditions of establishment may decide the matter, as opined by Mr. Suri also.

Demand notice from your end or by unions/Notice by authorities/legal notice by your own counsel (one should have a counsel) may work..

 

You can also resolve with your own skills.

 

 

 
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FIN

Relieving letter signifies that employee has separated and nothing is due against employee.

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

 

There are many threads at LCI on similar queries that you can search thru SEARCH option in threads, files, Articles

e.g;

Articles under my profile;

“No charge of Unauthorized Absence on Employee after Expiry of Notice Period!

No Income Tax on Notice Pay of Employee

Even a supervisor and irrespective of the salary is a workman

Prospects of relief from civil courts to Employees that are not covered as 'Workman' and by umbrella of Labor Laws”

 
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