What is this establishment: Commercial or Industrial?
You are located in which state and Redg. office of the company is in which state?
What is your designation and nature of duties?
Does the condition of 3 month’s notice period and its acceptance by employee also apply to employer if employer initiates termination?
Can employee ask to serve full notice period ( or say 45 days) if employer insists to terminate the employment in 30 days or 45 days………………….or with immediate effect?
Are you aware of the incidences when employee terminated with immediate effect and did not allow the employee to serve full notice period?
The contract of employment should promote equitable discretion or the conditions can be termed arbitrary.
Any policy in the larger interest and beneficial to both employer and the employee has the sanction of law as otherwise it will be easily termed as arbitrary.
This arbitrary clause hampers your interest in securing another better opportunity when it arises.
It is general law that whenever there is any ambiguity in terms of contract then benefit of doubt will given to party who don’t make the contract.
>>>>> The employee should always draft and structure the notice of resignation carefully and submit it preferably by letter thru redg. post. Such resignation/notice should be addressed to good offices of appointing authority, MD…………………..
The more and more employers are applying software/resignation tools to make the line managers stakeholders in acceptance of resignation as till the board of the company authorizes an employee of the company any employee won’t be authorized and competent to accept the resignation.
You have posted that:
---------“Due to some personal and family problems i decided to leave.”
Employee should mention it as a reason in notice…………………….
“At the maximum i can serve up to 45 days.’
Employee should mention it in notice along with clear last day/date in office.
“Prior to leaving the company, you will ensure that all your ongoing activities are
successfully completed and properly handed over to the satisfaction of your manager/in
charge/superior.”
Employee should mention it in notice that all tasks on hand are completed (keep copies of proof) and nothing is pending as on date and from this date till last day/date in office routine duties be assigned that can be completed within and up to last day/date in office………………………and that good offices must ensure that all exit formalities are completed within expiry of notice period/ last day/date in office and all concerned are advised to ensure it.
Employee should also state that acknowledgment and acceptance of notice/resignation be supplied by redg. post immediately and acceptance of resignation, correct FNF statement, payment of FNF dues by bank DD, Form16 as per correct FNF statement, service certificate, relieving letter, PF number/account slips for entire period of service, NOC/NDC etc is supplied within and up to close of office hours of last date in office.
Employee should submit subsequent communication so as to build favorable record in writing, with copy to self.
“about three months back there was one resignation where the employee was releaved in one month notice”
“And there are also couple of more resignations in the past one month in different verticals where the employees have been relived in one months or 45 days notice”
This should be stated to good offices.
“This employment can be terminated by either side, by giving one month’s notice during the
probation period or three month’s notice after confirmation or basic salary in lieu of the notice
period.”
“However under no circumstances the relieving period can be less than one (1)
month from the date of acceptance of your resignation.”
This clause should be referred in notice to good offices and employee may affirm to adjust the notice pay in FNF statement and to supply the FNF statement well in time by redg. post for acceptance.
-------“ But i need proper reliving letter, I tried to convience my manager but it fails. they are forcing me to serve 90 days”
This should be stated to good offices. Good offices are and should function as parent within the company.
If there are employee’s group/union/IC/Guild/work’s committee those may be approached, if required.
Employee should mention it in notice that all tasks on hand are completed (keep copies of proof) and nothing is pending as on date………………… and that employee is willing to handover the charge, company property under proper acknowledgment on the spot and he may be informed to whom he should handover.
Resignation can be without notice and permission.
If the tasks of the resigned employee are completed and properly handed over and nothing is pending there should be no reason that employee is forced to serve full noticed period.
If the tasks of the resigned employee are not properly handed over and employee is unwilling to indemnify the employer for a loss/any loss employer may ask to serve the full notice period.
Employer has already stated in appointment letter that;
“under no circumstances the relieving period can be less than one (1) month from the date of acceptance of your resignation.”
This implies that one month is sufficient for the employer to put his house in order.
45 days is more than one month (30 days).
Submit final resignation and state that you have not left any task as unpending and have been approaching all concerned to take charge………………………and are not carrying any property of the company and that you shall not be in a position to attend to office from dated………………..as already reiterated in your communications dated……………..and dated………………..(in person/by email/by letter to Mr/Ms……………..designation………dept……………….name of company…….address………..)
Conclude that you are absenting, abstaining, absconding………………………..hence no such or adverse comments be inserted in service card, personnel file and request to allow to examine your personnel file maintained by the company.
-------“ i want to leave the orgnaization in good note‘
Buying notice period or paying liquidated damages as stated in appointment letter is NOT MISCONDUCT………………………….hence there is nothing corrosive or abnormal at the end of employee. Therefore there should be no adverse entry in personnel file due to this.
Such matters are best put in writing under acknowledgment and POD should be retained.
-------“ Please do guide me i am really frustrated.”
You are unnecessarily tormenting yourself.
Employee should apply goodwill, rapport, exceptional levels of persuasion, persistence, negotiation, reasoning skills, adaptability, flexibility and resolve the situation in favor while in employment.
If the line managers/HR are troubling approach good offices.
Remain amiable, gentle, and firm.
Do not resort to emotional outbursts.
Majority of the employees do not form and become member of trade unions and are exploited.
If employees are united employers shall also not step on the toes.
There are two options:
Either submit to the tantrums of the line managers/HR and serve full notice period
Or
Resolve the situation in your favor and exit with written record (evidence) favoring you.
>>>>> Notice period is part of service conditions and is mentioned in job advertisement, offer letter, standing orders, appointment letter………………………….It should be equitable to the employer and employee.
Shops and Commercial Establishments Act applicable to the enactment also states notice period applicable to the employer and employee and it is equitable. It is not more than 1 month.
Notice period of more than 1 month is obviously for the benefit of employer and is detrimental to the interest of employee.
Standing Orders applicable to the company (certified or Model) shall prevail upon appointment letter. Service conditions stated in appointment letter can not be negated to employee in appointment letter. If notice period is stated as 1 month in standing orders it can not be 3 months in appointment letter.
If Payment of Wages act is applicable to the company Standing Orders should apply to it.
Notice period is not applicable to as per Model Standing Orders……………………13. Termination of employment
is max. one month.
Let your lawyer ask you a set of structured questions and opine whether you would be covered as ‘workman’ as in ID act and/or ‘employee’ as in Shops and Commercial Establishments Act………………….or not !!!
It shall be appropriate to show all docs including but not limited to job advertisement, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment…………………… The lawyer that has seen all of your docs can advice you the best.
