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Kumar R (Others)     22 August 2014

Employer not accepted resignation

Dear All,

I have gone through one of my friend's case and request for all the learned friends to share their views;

Rakesh was working in a company since 4 years and decided to change the job for career enhancement, He got the offer from different company and discussed with management the one of his senior member has said verbally that if you resign from the company then he will make sure that your career will be in trouble.

Rakesh has not replied anything on phone and later after 2 days he has given the resignation with intention to serve one month notice period as per appointment letter.

But company has written back one mail to him that as per the appointment letter you can not join into other similar industry for next 6 months and if you provide us the document where you are going and if we satisfied then only we can leave you otherwise presently we can not accept your resignation.

from second day, company has stopped him to enter into office and verbally stated that you don't have to serve the notice period. Presently he doesn't have any resignation acceptance, relieving letter and Full and Final Payment also not released.

Rakesh has not gone to office after that and after one month assuming as notice period he has joined into different company;

My Query are;

a) Can Rakesh go for Manhani case, as it was done to destroy his career and confidence.

b) What legal action can be taken from Employer if they want to do so.

c) What legal action can be taken by Rakesh if he wants to do so.

Thanks

regards

Kumar



Learning

 3 Replies

Kumar Doab (FIN)     22 August 2014

 

 

Verbal Transactions are not on record.

 

 

The employee should have recorded calls/meetings (audio/visual) and should have submitted minutes of discussion covering comments of Manager to destroy his career,  prohibition to enter office and perform his duty, remain at home during notice period and his wages shall be paid, etc...................

Most probably the employee has been declared absconding/absenting/abstaining in internal records and shall be terminated..............................claiming the attempts to approach the employee failed......................

Approach an able Labor Consultant/Service Lawyer  with all docs on record and let your Lawyer cover all the loopholes and demand reply from company by redg. post. You can even mention that postage prepaid self addressed envelope is attached for sending the redg. post.  Affirm NO tasks were pending on dated…………………………when you tendered notice of resignation/were asked to remain at home/prohibited to enter office……………………..and affirm toto handover the charge under proper acknowledgment on the spot.

Resignation can be without permission, notice and no approval is required…………………..

NON Compete Clause/agreement: Indian Courts of Law have consistently been declining to accept it after termination of employment as it hits right to earn livelihood and clauses of Indian Contracts Act………………..

FnF Wages: Should be supplied on last day/date in office or within say next 3 days……………………….or Max. by the usual pay day. If company has not supplied the FnF statement for verification and acceptance submit a FnF statement prepared by you and ask the company to verify it and supply the correct version in original by redg. post only.

Service Certificate: Should be supplied to all employees.

 

Relieving Letter: is supplied after all a/cs by employee are settled. Your affirming that……………….. NO tasks were pending on dated…………………………when you tendered notice of resignation/were asked to remain at home/prohibited to enter office……………………..and to handover the charge under proper acknowledgment on the spot, should make you eligible for it too.

You should also ask for acceptance of resignation, PF a/c slips of all years, salary slips of all months,ESIC card,Form 16 as per correct FnF statement…………………

The reply of the company shall determine the stand of the company and future course of action.

Hope your next employer shall absorb you on the strength of copy of resignation and proof of its dispatch alone.

 

 

Approach your lawyer AS AP.

1 Like

Kumar R (Others)     22 August 2014

Dear Mr. Kumar,

 

A great thanks to you and your vast experience, I request you to please guide whether he also can go for manhaani case and can ask for compensation for the same.

 

As it was totally intentionally done for harassing him. 

Pls suggest

Thanks again

 

Kumar Doab (FIN)     22 August 2014

If you have irrefutable evidence that 'Unthruthful' 'Libelous' things have been said, published about you then you may succeed..........................


It is reiterated that you should show all record to your lawyer and proceed after you have understood merits from your lawyer in person...................



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