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Surender Chabadiya (Sr. Soft Eng)     17 August 2014

Manager not accepting resignation

Hi All,

I am working with the technology firm in Hyderabad, Telangana.  I have joined this firm in Feb 2014  and recently resigned. Currently, I am serving the notice period of 45 days (in probation) and this is going to end on 22nd as per company policies. 

My manager is not accepting my resignation and HR manager is threating me saying he will go legal, blacklist me in NASSCOM and will not be able to get the job anywhere else, even though I am serving notice period as per company policies. They are saying me to server 3 months notice period which is for the permanently employees as per company policies.

I just want to know, I am in any way illegal or defaulter as I am serving the full notice period and stops going to office after the completion of notice period, even if resignation is not accepted by manager. 

I have the offer letter stating that  - If any employee resigns in probation (6 months) must serve 45 days notice period,  signed by the HR Head.

Please help, what  I need to do in this case.

Also please mention the Labour & Service Law clauses for more clarity.

Thanks



Learning

 2 Replies

Kumar Doab (FIN)     17 August 2014

 

 

I have been writing and reiterating in threads that employees in your trade e.g. IT/ITeS/BPO/KPO are not:::::: properly informed, are not united, do not become member of employee’s unions/trade unions, do not consult elders in the family/competent and experienced well wishers/peers/colleagues……………………..and do not retain access to a competent and experienced Labor Consultant/Service Lawyer……………………………………….

 

 

 

 

There are many threads and you can pick up relevant points.........


https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU


 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM

 

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA

 

https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM

https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM

https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM

 

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM

 

 https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM

 

https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM

 

 




1.     Notice period/pay is part of service conditions and it is duly mentioned in various enactments applicable to establishment’s e.g. Standing Orders, (Name of the state) Shops and Commercial Establishments Act…………………..

If standing orders are certified refer to it. If standing orders are not certified refer to Model Standing Orders…………………………

As per Model Standing Orders; Sec13: Notice period during Probation is NIL.               

Standing Orders being instrument of law/statue shall prevail upon any private agreement that employer ha signed with employee e.g. appointment letter, contract of employment…………………

Andhra Pradesh Shops and Commercial Establishments Act is so employee friendly…………………………..IN fact in newly carved state you (all employees) should attempt and see to it is applied verbatim…………………….and no exemption is granted by state government to IT/ITeS or any company from Standing Orders…………………….

As per this Act; Sec 47: Notice period for service <6months is NIL………….

As per post of another employee the Chief Inspector ( i.e. labor Commissioner) under Shops and Commercial Establishments Act (AP) reiterated that notice period as in the Act shall prevail upon notice period inserted by employer in appointment letter.

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM

 

Hence notice period in your case may very well be NIL.

 

However let your lawyer finally opine on it after examining all of your docs.

 

2.      Your neighboring state Kerala has included IT sector in Min. Wages Act and also under standing orders…………………..you may go thru:

https://keralaitnews.com/state-scan/thiruvananthapuram/3458-kerala-government-notifies-minimum-wages-for-it-industry

https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UkxL_NKAqWM

 

 

3.     NASSCHOM or NSR can not blacklist any employee!!!!!!

 

 

https://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/

You may go thru the attachment.

You (all employees) may decline to sign any condition that makes it mandatory to register with NSR.

 

You must record the threats…………(audio/visual)………..and lodge complaint with any lawful authority at any point of time including ‘Works Committee’ comprising of employees. The works committee is an authority under ID Act:

 

CHAPTER II: AUTHORITIES UNDER THIS ACT: 3. Works Committee

 

4.     What is provided to you by the company : Offer Letter or Appointment Letter?

If appointment letter is not provided it is another violation of:

Andhra Pradesh Shops and Commercial Establishments Act:

 

5.     If employer has inserted notice period/pay in offer/appointment letter then it applies to it also and can not be breached by employer.

6.     The Manager/HR is not your employer. They are just another employee in the company like you. Hence you may submit copy of resignation to good offices of appointing authority, MD, Chairman preferably drafted by your lawyer  letter thry Redg. Post and vehemently deny any attempt to call or declare you Absconding/Abstaining/Basenting………………..

 

 

Hope the above shall suffice.


Attached File : 87568211 can nasschom blacklist an employee.doc, 87568211 ap se act.doc, 87568211 works committe is authority under id act.pdf downloaded: 149 times
1 Like

Sudhir Kumar, Advocate (Advocate)     18 August 2014

agreeing with Mr Kumar Doab, I will add that the Armed Forces are the only employer in India who can refuse to accept resignation and refusal is binding on employee.

 

They are the only employer whose employee stops coming and can direct the police to bring him to duty in custody.


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