Ritesh Prajapati 30 June 2015

Early relieving from job with notice pay

Dear Sir,

I am Ritesh Prajapati working at IDMC Limited, Anand, Gujarat since July 2008. IDMC limited is subsideary of NDDB, Anand, (Govt. organisation).

As per the terms of my appointment letter I have to give 3 months notice for relieving from the rganisation.

Company has introduce thier relieving policy in the month of June 2014, as under:

" As per the terms and conditions of appointment letter, an employee intending to resign has to give notice period of three months.we keep on receiving various requests from the employees and sometimes recomended by Group heads for their early relieving before the completion of notice period. it has been decided that the management will not entartain any such request for early relieving of the employees. none of terms and concitions of employment related ro notice period/ service bond will be waived.

An employee intending to resign will have to submitt a written notice of three months duly signed by him/her to the group head,based on written intimation only, the process of acceptance of resignation and relieving will take place.

This is as per the approval of Managing Director"

I want to relieve within one month from the date of resignation i.e on 12.06.2015. and i am ready to pay the salary in liue of salary of two months.

But IDMC not relieving me within one month. They insist me to give three months notice.

What should I do? please advise.

Thanks in advance.

Ritesh Prajapati

09909254599

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1 Replies

Kumar Doab (FIN) 30 June 2015

Is IDMC a Govt. Organization? If not then it is registered as what establishment; Commercial , Industrial?
If it is a Government Organisation then which service rules and regulations apply? Do you have a copy?
Does it have its certified standing orders, or Model Standing Orders apply to it? For application of standing orders an establishment needs not to be necessarily a Factory.
Has it stated in appointment letter that service conditions shall be governed by say HR Policy/Service rules and regulations etc and do you have the copy of such policy/rules at the time of joining and latest? Is it also stated that service conditions shall be governed by say HR Policy/Service rules and regulations etc………………as amended from time to time? Is it stated that separation by resignation shall be as per Relieving Policy? Is it stated that separation by resignation shall be as per Relieving Policy…………………….. as amended from time to time?
Does the condition of no notice pay in lieu of notice period of 90 days apply to employer also if it initiates separation by termination?
Is there a policy, custom of negotiated settlement of service conditions? If yes has this conditions been discussed/negotiated with employees?
Was the new Relieving Policy communicated to you in writing and did you accept (not just receive) it in writing? Or did you decline to accept it in writing?
Are you covered by the def. of ‘Workman’ as in ID Act?
Is there any Employee’s Union/GRC/IC etc and also ‘Works Committee’ in the company?
Have you submitted notice of resignation?