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rpredx (Engineer)     02 December 2014

Employer not releiving

Hi, myself 'RP', I'd resigned from my Job, with a notice period of 1 month.

As per the company policy, the Notice period is of 90 Days, but there are options available by which you can use your pending/accumulated leaves to compensate the remaining days.

But for my relieving both L1 & L2 approval is a must, although my L1 has approved my resignation, its my L2 who's creating the problem, he's adamant and wants me the serve the complete notice period, or else he won't approve my relieving.

Kindly help/guide me, what legal options do i have (as per Indian labour law), so as to exercise my rights, and get the relieving as per my current (30 days) notice period.

Any help/guidance is highly appreciated.



Learning

 3 Replies

Kumar Doab (FIN)     02 December 2014

Repeated Query https://www.lawyersclubindia.com/mobile/forum/employer-not-releiving-113263.asp

Raman (Team leader)     03 December 2014

Respected sir

Im working for a private sector for past 4.6 years, now i got government job through Employment Exchange,

Aafter interview i have recieved order from mayor to join in the job immediately, in my current company   they said should be here in two month notice period, otherwise would not be provide approval for the relieving and also said they wont do settlement and will not provide PF money

Please help me out in this and how i have to deal

 

Raman

Kumar Doab (FIN)     03 December 2014

@ Raman,

 

First of all build evidence of demands and threats..............made to you in person/by calls/in meetings................by audio/visual/witness etc...

 

Resignation can be without permission/notice.

If employer has the discretion to terminate without notice then so does employee have it.

Employee should always tender some reasonable notice and help the employer to handover the charge and complete exit formalities and install replacement.........

 

If possible suggest some replacement......

 

Submit notice of resignation preferably by letter addressed to good offices of appointing authority/MD under proper acknowledgment by redg. post.

 

1. Notice period/pay is part of service conditions that are governed by various enactments applicable to the establishment ::::::and such companies are governed by it................e.g.standing orders (certified/model........................if standing orders are not certified then model standing orders shall apply) , Shops and commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments..............

 

Model Standing Orders::The notice period/pay in probation period is NIL and after confirmation period 30 days......and service certificate has to be issued to all employees....

Shops and Commercial Establishments Act ::: It is as per length of service period and max.30 days as per length of service...

 

 

Rate of notice pay is also defined in these enactments.

 

 

These being instrument of law/statue/enactment shall prevail upon any private agreement that employer has signed with employee e.g. appointment letter/contract of employment.....

 

You may affirm that CORRECT  notice pay as per CORRECT notice period applicable to you be adjusted in FnF statement and same be supplied to you in original for verification and acceptance.

 

 

2.  You may show the job advt,job application, interview call letter, selection letter, offer letter,appointment letter/document explaining KRA's ,HR policies/service rules and regulations stated in appointment letter, notice of resignation submitted by you and its acknowledgment/acceptance and proof of delivery, to your able Labor Law Consultant/service lawyer and give inputs in person...............and preferably let your counsel structure and draft your representations..............and include that:::::    

 

 

--NO TASKS are pending at your end and your conduct and contributions have very well been appreciated by your managers (get some in printed version too)...

 

--routine duties be assigned to you that can be completed on daily basis and within and upto expiry of notice period /last date in office..........

 

--acknowledged and accepted copy of notice of resignation, acceptance of resignation,service certificate,relieving letter (with good comments), salary slips of all months preferably bearing digital/original stamp,FnF statement in original,PF number with a/c slips,ESIC card,Form16,NOC/NDC,acknowledgment of handover of charge and company property,............etc be supplied to you within office hours of your last day in office i.e dated...........

 

 

3. FnF wages have to be paid on last day in office.......or say within 3 days and max. by usual pay day.

 

The employee can lodge complaint the moment the payment of earned wages are delayed even by a day with Inspector under:

 

 

---Payment of Wages Act

 

---Shops and Commercial Establishments Act 

 

4. The PF should ideally be not be withdrawn and a/c should be kept regular to be eligible for immense benefits that it offers..................and you can submit PF transfer forms thru your next employer of course under proper acknowledgment.. 

 

Consult the elders in family, PRO/APFC in nearest PF office.

 

If you still decide to withdraw then submit PF forms under proper acknowledgment preferably by Redg. post and try to get acknowledgment from company.................even if by recorded lines..... 

 

 

You should return all company assets under proper acknowledgment on the spot.

 

 

5. The company has to and shall encash leave, compute Bonus etc in FnF statement that should be sent to you for verification and acceptance.

 

IN case you are unable to handle the matter on your own consult your able Labor Law Consultant/Service Lawyer and proceed further under expert advise of your lawyer.  



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