Compelling for 3 months notice period :psu


Hi ,

 

I am  an executive engineer in a central government defense PSU.On 26th June 2013,i sent my resignation letter to my supervisor requesting for 25th July 2013 as last working day by serving 1 month notice and mentioing that i will pay for the 2 months salary as per rule mentoioned in my offer letter.But my supervisor and HR are not accepting it and asking for change of last working after 3 months.As per them,pressure of projects is more and they dont have any backup resource and at least 3 months ntoice is required.I asked them why dont you reject it and assign new date after 3 months.They said NO that is exteme step we will think of.But as of now you change the resignation letter and mention new date after 3 months.They are trying to threaten me by saying taht next employer verification is in our hand.I dont what to do.

AS per my offer letter"during the period of your probation,yours services will be terminable without notice and without any compensation in lieu of notice on either sideAfter the probabtionary period, when your services are confirmed,your services will be terminable by three months notice in writing on either side or three months salary(Basic pay and DA) IN LIEU OF Notice."

 

 

Mentioned in my offer letter.

 

Can they complell me to serve for 3 months ntoice period even when i am ready to serve 1 months ntoice and 2 months salary.

 

Kindly suggest me what to do.

I have requested them several times but no use.

Please provide me your reliable and valuable suggestion.

 

Regards,

Ashok Kumar

 

 

 
Reply   
 
FIN

 

Does this company has its certified standing orders and has it extended the standing orders to employee’s designation?

 Notice period is part of service conditions and service conditions are stated in standing orders of the company, appointment letter………………….The copy of standing orders should be displayed on notice board and a certified copy should be supplied to employee against a  nominal charge say Rs.10/…………….

Employee or anyone can approach certifying officer (which may be DLC) and obtain a copy against a set fee.

 The service conditions stated in standing orders of the company can not be negated in appointment letter.

If the notice period is stated as 1 month in standing orders it can not be 2 months in appointment letter.

 

You have posted that:

 

------“They are trying to threaten me by saying taht next employer verification is in our hand.”

 

“and asking for change of last working after 3 months.”

 

Do you have any evidence of any such threat e.g call recording, audio/visual recording, witness….etc?

 

Such threats are usually in office, by phone…………………….

 

Unfortunately it is a fact that line managers/HR resort to such bad practices and burden of defense is shifted on employee.

 

 

Would your next employer absorb you on the strength of copy of resignation/POD only?

In such a situation employee should take next employer in confidence and submit (preferably in writing even if by email) facts that current employer may not issue work experience/relieving letter……………………………………..

The line managers/HR has posed threat to murder employability and source of livelihood. Employee has to defend.

 

 

 

Has the establishment issued any stinkers/show cause notice/memo etc till date on any issues which can be an adverse entry in your personnel file? If not how can the company post negative feedback?

 

 

Moreover the PSU must be having its conduct and disciplinary rules and it has to follow the rules to post any adverse entry.

 

In such situations employee should (under proper acknowledgment) demand that he should be allowed to examine his personnel file so that personnel file becomes a case document/file and offenders can be charged by name.

 

 

-------“But my supervisor and HR are not accepting it “

 

If resignation is not accepted it should be stated in writing.

 

Companies are known to claim later that employee was informed in office (verbally) that resignation is not accepted.

 

In your case line managers/HR has given reason also.

 

You should build defense so that company can not level any allegation/charge…………..e.g…….. that some loss has been caused.

 

 

At the same time resignation can be without permission or notice. The party (employer or employee) which has breached the agreement has to compensate the other party and this compensation is well defined in appointment letter issued to you in the form of liquidated damages i.e. notice pay.

 

It is felt that the HR and supervisor is not your employer, they are just another employee in the establishment.

 

 

The employee should address the notice/resignation to good offices of appointing Authority, MD……..and submit under proper acknowledgment, preferably by redg. post.

 

You have the option of escalating to good offices.

 

 

------“But as of now you change the resignation letter and mention new date after 3 months.”

 

You can do so by withdrawing the first notice of resignation and by submitting the new notice of resignation.

 

 

-----“Can they complell me to serve for 3 months ntoice period even when i am ready to serve 1 months ntoice and 2 months salary.”

 

No.

 

“AS per my offer letter"during the period of your probation,yours services will be terminable without notice and without any compensation in lieu of notice on either sideAfter the probabtionary period, when your services are confirmed,your services will be terminable by three months notice in writing on either side or three months salary(Basic pay and DA) IN LIEU OF Notice."”

 

If this is the language then employee and employee are in bilateral agreement of equitable discretion and either can comply with the T&C as stated in appointment letter.

 

Employee can tender notice pay by cheque/DD (under proper acknowledgment) or affirm to adjust in FNF statement/settlement.

 

If acknowledgment of resignation is not issued and supplied employee should submit periodic reminders and highlight effective date of resignation/last day in office and emphasize that all assignments on hand are completed and nothing is pending and now onwards routine duties be assigned which can be completed within and up to last day in office i.e. dated…………….and he should be informed in writing to whom charge and company property should be handed over, and all exit formalities be completed in time for smooth exit within office hours on last day in office.

 

And that acknowledgment of notice of resignation be supplied immediately and acceptance of resignation, work experience certificate/service certificate, correct FNF statement, payment of FNF dues by Bank DD only, Form 16 as per correct FNF statement, NOC/NDC, PF account slips for entire period of service/pass book/attested copies of PF withdrawal or transfer forms, be supplied within office hours on last day in office.

 

For payment of Gratuity FormI be submitted (under proper acknowledgment) one month before date of retirement (resignation).

 

 

Employee should submit final resignation on last day in office.

 

If resignation is not accepted company may resort to tactics e.g; declaring the employee having absconded/abandoned/ abstained……………in its records with or even without intimation to employee.

 

You are not causing abrupt termination and have submitted (hoper you have the acknowledgment) notice of resignation of 1 month which should be sufficient for the employer to put his house in order, install replacement, designate an employee who shall take charge (usually HOD), divide/delegate the work to other employees……………

The 3 month’s notice is obviously for the benefit of employer.

 

Employee should maintain record and supply communication by redg. post and obtain POD from PO.

 

You may proceed as deemed fit at your end.

 

It shall be appropriate to show all docs to a competent and experienced labor consultant/service lawyer, give inputs in person, understand the merits, and proceed under expert advise of your lawyer.

 

 

Valuable advise of learned experts/members is sought.

 

 

 

 


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