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Ramakrishna   22 October 2020

Job resignation problem

Dear Sir, please provide the information of Arbitrary Act. I am working as a MIS Coordinator in skill development organisation from 20th Dec 2018 to till date. I sent a resignation mail to HR on 3rd June 2019 with 30 days notice period. The HR has replied "Further to your resignation be informed that we accept your Resignation, but your last working day would be intimated to you after a discussion with your line manager. Feel free to reach us for rest details in case you need any further details. All the best for your future endeavours! Dear Mr. XXX, Requesting your intervention on the trailing mail. But Not received any mail from above person and I continued the job till now in the same organization. 20th Oct 2020 I sent a resignation mail without notice period and attached the login credentials soft copy. If as per law which date resignation is consider as legal? They are replied the mail 20th Oct 2020 "As per norms serve the notice period and submit all worked details through physical mode. If not serve the notice period we will going on Arbitrary Act and you repayment the 1 year salary to company. If they will proceed the Arbitrary Act. How to facing, because I am very poor family. Sir Please provide your suggestion and Solution.

 5 Replies

Adv Vinay Mathur + 8447131770 (Advocate)     22 October 2020

Employee has a right to resign and he can't be forced to serve in case he is not willing until and unless there are some stipulations in the rules or conditions of employment.

You demand your salary, pf, gratuity benefits from the company within 15 days if they don't comply you complaint to labour commissioner.

Ramakrishna   22 October 2020

Sir PF and ESI not provided the company and I was taken the leave on 18th July 2020, unfortunately I had a road accident on that day. I taken 1 week rest and again I worked with single hand from 26th June 2020 to 31st July 2020 at home. August & September month worked at home. 1st August 2020 to till now office has closed.

The company has paid 17days salary on June month and July & August month paid Half salary.

Pradipta Nath (Advocate)     31 October 2020

First of all what is Arbitrary Act, may be it is Arbitration and Conciliation Act! However why you will be within its purview? Need to go through the Appointment letter of yours. 

You are not eligible for Gratuity as per your DOJ.

If you have handed over the responsibilities and taken a receipt there is noting to worry.

Ramakrishna   01 November 2020

Sir, As per employment agreement 3 years work or serve 2 month notice peroid. If not serve the notice then pay the 2 months basic salary to company.

I have received the 17days  salary in June 2020 and July & Aug 2020 received half of the salary. I am not served the notice period due to health issues and family problems after accident. But they said u stay at office then complete the pending works. In June to Aug 2020 I sent a mails to concern persons for provide the pending documents but not provided. 

The management has said we paid the salary till 31st Aug 2020. Which are pending till Aug 31st 2020. Complete all pending works and serve the notice period but I am not ready to serve the notice period due to health problem and family problem. They forced me for modifying some documents.

Pradipta Nath (Advocate)     01 November 2020

In case you are not capable to serve them two months notice period, compensate them as per the terms of employment, i.e. two months salary. 

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