archana 19 May 2015
saravanan s (legal advisor) 19 May 2015
since you are moving from private concern to government so long as the private concern doesnt take any legal action against you for going against the terms and conditions you wont have any problem.if legal action is initiated then deparmental action would be initiated against you for concealing facts
Kumar Doab (FIN) 19 May 2015
You have erred by concealing past employment history/facts.
How do you claim that it was not required?
Resignation can be without permission and notice.
You should supply the notice of resignation by letter addressed to appointing authority/MD,preferably thru Redg. Post and mention notice period/LWD clearly.......
In service conditions drafted by employer and signed with you there is a provision of notice pay in lieu of notice period. You should cite the clause no............of notice pay in lieu of notice period in appointment letter dated......................issued to you and affrim that notice pay at the correct rate for corrdct noticed period be adjusted in FnF statement and FnF statement showing computation of earned wages/Bonus/Leave encashment/notice pay/OT etc be supplied to you within and upto LWD for verification and aceeptance......................and that NO tasks are pending at your end (download proof) and routine duties be assigned that can be completed on day to day basis within and upto last day/date in office ..........................and to whom you should handover the charge within and upto last day/date in office against proper acknowledgment on the spot.
You may request that acknowledgment of notice of resignation be supplied to you immediately and acceptance of resignation,service certificate,relieving letter,Form 16 as per correct FnF statament, payment of Fnf wages,NOC/NDC etc be supplied to you within and upto LWD.
THE ABOVE IS ONLY A DISCUSSION.LOOKING INTO THE MATTER POSTED BY YOU IT SHALL BE APPROPRIATE IF YOUR REPRESENTATIONS/COMMUNICATIONS ARE DRAFTED BY AN ABLE LABOR LAW CONSULTANT/SERVICE MATTERS LAWYER/LAW FIRM.YOU MAY SPEND QUALITY TIME WITH YOUR COUNSEL AND SHOW ALL DOCS TO YOUR COUNSEL.
You can even to opt to pay notice pay by cheque aginst proper acknowledgment on the spot, alongwith notice of resignation.
The notice period of 90 dasy may not necessarily be applicable in your case.
You may reply pointwise to all points:
What is this establishment: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many persons are employed in it?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?
Do you have any power to sanction (not just recommend) leave/increment/appointment/termination?
Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it?
Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?
Did you resign in writing under proper acknowledgment and has acknowledgment of notice of resignation, been supplied to you?
Are you a member of any employee’s/Trade Unions?
What was your monthly salary?
Sudhir Kumar, Advocate (Advocate) 20 May 2015
as far as govt employer is concerned they are not concered with past employment. The problem can arise only when it is proved later on that you were still in some opther profession on the date you joined service.
Sudhir Kumar, Advocate (Advocate) 20 May 2015
repeated
https://www.lawyersclubindia.com/experts/Leaving-company-as-Govt-Job-538451.asp#.VVvQIlKupVI
archana 20 May 2015
During my job application to govt i had mentioned all the previous employers and i didnot mentioned current one as i got this job in current company after applying to Govt organisation.
At the time of applying I was jobless.
And since the selection in govt was online on exam basis so there was no mode of communication also to them.
archana 20 May 2015
What is this establishment: Commercial,Industrial?Industrial
What is its line of business:IT,ITeS,banking etc?Chemical Manufacturing
How many persons are employed in it?40 employees and 15 labours not on payroll
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?Maharashtra,Mumbai
What was your designation and nature of duties?Sr Executive-Human Resources,Duties recruitment,Leave calculation,office administration
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?Yes
Do you have any power to sanction (not just recommend) leave/increment/appointment/termination?No
Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it?NO
Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?Yes-No form16
Did you resign in writing under proper acknowledgment and has acknowledgment of notice of resignation, been supplied to you?No
Are you a member of any employee’s/Trade Unions?No
What was your monthly salary?17000 Net
Kumar Doab (FIN) 20 May 2015
As per your posts you have record to establish that on the date of application for Govt.Job, you were jobless………….and you got current job after application.
Hope you have the copy of online application submitted by you.
When you are asked to submit employment forms/affidavit you may mention complete employment history and explain that current job was contracted after submitting the application…………….Usually there is a coloumn “What is the notice period in current employment and Within how much time you can join?”. Fill it carefully………………..and mention 90 days and that you can tender notice and ask the employer to adjust notice pay and can submit the copy of resignation with notice period of ………………(days say 7 days) and supply copy of resignation with notice period of 7 days……………..and can supply any other document only if and as and when supplied by current employer…………..
The Govt.employer may ask for service certificate,releiving letter………………
Some suugestion on how to draft your notice/resignation have been made still let your able Labor law Consultant draft your notice/communications……………
Your consultant may opine that you would be covered by def. of ‘Workman’….
Model Standing Orders may apply and as per Sec13; notice period during probation period is NIL and after confirmation it is 30 days…………….
Otherwise your service conditions shall determine it…………………..and you can tender notice pay in lieu of notice period………………and demand each and every document.
Sudhir Kumar, Advocate (Advocate) 20 May 2015
your query is vague you have not indicate on which oost in which deptt you are called upon to join in short time. SUch short notice is not norally heard in Govt.