gauravarora 12 January 2015
Kumar Doab (FIN) 12 January 2015
1. You resigned by notice of resignation or resignation with immediate effect?
The notice period is mentioned in appointment letter issued to you.
Did you mention in your letter……………..notice period of say……..13 days ( 24 Dec-5Jan=13 days) or as per clause no………..in appointment letter dated…….(pertaining to notice period) issued to you……………………
If you have decided to retire by notice of resignation submitted by you then no one in the company including employer itself can prepone or postpone the effective date of resignation…………………………and if it does the company shall have to tender notice pay to you for balance no. of days and it shall be your discretion to accept it or not.
2. Notice period and pay is part of service conditions and is governed by various enactments applicable to the establishment…………
A private life insurance company is governed by (name of the state) Shops and Commercial Establishments Act and standing orders (model/certified) are applicable……
The period of notice (in days) and rate of notice pay is duly stated in these enactments……
No private rules/policy/agreement drafted by the company e.g. appointment letter/offer letter/HR policy/Service Rules and regulations…… and signed with employee can supersede and overrule an Act/Instrument of law/statue………….
You may see what suits you the notice period/pay stated in these Acts or appointment letter……
Model Standing Orders can be viewed and downloaded from many links e.g.
https://pblabour.gov.in/pdf/act
2. The manger is no one and nobody to issue the Last Working day (LWD) to you……..
3. Since an early LWD was issued to you apparently the manager and company wanted to relive you early and hence there might have been some issues and company might have issued some stinkers to you………….
In such case it is apparently resorting to deny fair relieving to you and let you be with any other company and thus it wants you to be out of trade………….
4. Since you have already been relieved from employment by a valid acceptance of resignation and issuance of LWD………………….you are no more an employee and hence NO SHOW Cause Notice can be issued to you………….
5. The system id (Computer rather shared computer) and password in such companies are admin controlled and even if outgoing employee does not share, it is known to company and company can always unlock and access the computer files and Menu……….It is part of the relieving that outgoing employee has to handover the system to audit team i.e. usually IT or BM………………….hence you may deny that you have shared anything to any unauthorized person and mention that you have handed over the charge to Mr/ms………………..as per directives in office by Mr/ms…………..
6. The Managers (e.g. Unit Manager, Sales Manger at 1st line) of the private insurance companies have been accepted like Development Officer of LIC..as ‘Workman’ as in ID Act and shall also be covered as ‘Employee’ as in (name of the state) Shops and Commercial Establishments Act………………..hence you should be able to agitate in o/o Labor Commissioner, Inspector under (name of the state) Shops and Commercial Establishments Act…………….and employee’s unions/Trade Unions can also represent you……………………
The employee can also pursue thru :Employee’s /Trade Unions, Grievance Redressal Commiitee, Works Committee…………………
7. Are you aware that Private Insurance Companies Managers have formed Employee’s Unions in many states and have affiliated with Trade Unions……….?
8. It is suggested before you tender any reply show all docs on record to an able Labor Law Consultant/Service Matters Lawyer in person with copies of documents starting from job advt, job application, interview call letter, selection letter, offer letter, appointment letter, HR policy, Service Rules and regulations, notice of resignation, email showing LWD,any other communication, all communications exchanged till date, ...................... and understand the merits and options and remedies before you proceed further and start writing to your company.................and let your representations be drafted by your able lawyer……………
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