Job resigntaion notice period

Last month salary (April, 2017) should be paid by 7th may, if salary cycle is 1st to last day of the month.

You have submitted notice of resignation by email.

Your conduct is good as despite the fact that employer has not issued any written T&C of employment including Notice Period, you have tenderd notice period so that employer can put its house in order and complete exit formalities.

Hope some I.Card is issued to you.

Did the employer reply by email that notice period of 30 days is required to be tendered by you?

Download evidence of attendance, salary slips of all months,  having performed all works, NO pendency of tasks, NO assets/company property with you,  NO misconduct, performance………….PF number ( if applicable), ESIC card (if applicable)…………….

On fixed pay day (Usually 7th of next month), request gently to supply salary slip and salary.

Remain gentle and amiable.

Apply your skills of reasoning,persuasion,persistence, negotiation.

Request to issue appointment letter from DOJ however you may sign with actual date of receipt.

Employer may agree to issue it.

Another Prespective:

Are you a member of any employee’s/female employee’s/trade unions?

They can help and support you, if the need be.

The establishment should be covered by:

The Punjab Shops and Commercial Establishments Act: 23,30

The Punjab Shops and Commercial Establishments Rules

( Haryana Follows it.)

Payment of Wages Act;6,7,13A

All these enactments are available on website of Dept. of Labor Haryana;

https://hrylabour.gov.in/

https://hrylabour.gov.in/content/labour_laws

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/Payment_of_Wages_Act.pdf

dear Sir

no any id card has been issued.  Also no any PF/ESIC Deduction & salary slip issued. its name is --------------pvt.Ltd.. but no any such facility givne to its employess.

Yes .. employer reverted with 30 days notice period requirement. But that is not possible for me. And salary  given after 10th of month i,e in March given on15th & in April given on 12th april. And instead of my notice period, he didn;t take interest in appoinitng ant other person as no any interview he conducted for this. If he really have requirement, then he must take this on priority.

Hope you shall take it positively.

You have also erred on some counts, as employee.

The employee should become member of employee’s/trade unions and thus have a support base and also be properly informed, go thru applicable enactments to establishment and employee, clear the matter with current employer (unofficially or officially as per situation and personal judgment on situation) at least on noticed period/pending tasks, relieving time before appearing for interview and commiting joining time verbally or in writing in employment application/forms.

Did you mention joining time to next employer verbally or in writing in employment application/forms?

If yes what is it?

Would next employer (line managers/HR personnel/employer) stand by you and support you in case of any issues with past employer?

The employee has severed employer-employee relationship the moment employee has tendered resignation.

Since the employer has not issued any appointment letter to you, there is NO rason that above should not hold good in your case.

Moreover per clauses/section of enactments of Act (enactment) already provided ro you in previous posts, the option of notice pay in lieu of notice period exists.

You may however refrain from quoting these till advised by your own very able counsel at your location,of unshakable repute specializing in labor/service matters.  

If employer has reverted in writing, to tender 30days notice period then submit a gentle reply that NO such clause on notice period of 30 days was ever issued to you and signed with you as acceptance……………….and request supply the copy of document on the basis of which it is being levied.

Mention that although notice period is not applicable in your (employee’s) case still as a good employee and good conduct you have tendered notice period of ……………days and necessary arrangemenst be made to relieve you by the close of office hours of LWD dated……………Had the notice period been issued to you by accepted document you would have tendered notice pay in lieu of notice period for shortfall if any.

Also request to supply; acknowledged copy of notice of resignation dated…………………….tendered by you with notice period of ………days and LWD of dated…………..its acceptance, salary slips of all  months, correct FnF statement (showing earned wagesleave encashment/bonus etc ), payment of FnF dues as per correct FnF statement,  Form16 of all years and current year as per correct FnF statement, PF a/c slips ( as per applicable to establishment and you) , ESIC card ( as per applicable to establishment and you), I.Card, {NOC/NDC/ acknowledgment of handover of charge-assets (if any with you)}, service certificate, relieving letter,…………………..etc etc by the close of office hours of LWD dated……………

Mention that you have served establishment with utmost sincerity and your work has been appreciated (highlight and attach copies) and that nothing is pending to be done by you and routine work be assigned to you that can be completed on day to day basis within and upto LWD dated………….as per notice of resignation  dated………………tendered by you.

Your replacement is not to be appointed by you.

The employee has severed employer-employee relationship the moment employee has tendered resignation.

The most imp. Task for you is to:

--apply your rapport, goodwill, skills, with current employer so as to get relieved with good comments

-- apply your rapport, goodwill, skills, with future employer and inform (preferably in writing under proper acknowledgment) that current employer wants you to serfve notice period of 30days, therefore if possible extend joining time to 30days (in writing) or absorb you on the strength of copy of resignation by email only and not toterminate in case you are unable to supply;

Acceptance of resignation, service ecertificate, relieving letter, since these are to be issued to you by employer, and you can not submit these till these are issued and supplied to you, by past employer.