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Chirag (Manager)     05 January 2014

Need help for resignation and enquiry

Hi,

I am seeking your valuable feedback on below matters on priority..

 

I am working for one of the products software and service company in Mumbai since 2nd Jan, 2007. I work as a Manager and 

 

reports to Business Units Head. We had multiple departments within company (around 5) out which 2 were moved to some other 

 

company in the month of July, 2013. This happened since company had financial issue and were not able to roll out sufficient 

 

money in the market. As per my understanding who bought these 2 departments had agreed to pay outstanding dues to employees 

 

and in turn transfer all respective business and services to them and it was agreed mutually. My department did not transfer 

 

but we were given an impression by management people inckuding BU Head stating that very soon we will be transferred too. So 

 

we continued working for new company benefits and all new orders was routed. Its been 6 months now but still company does not 

 

have financial stability and I have not received salary since November, 2013. Also what I observed that there has been 

 

disputes between management team regarding servicing client from other company. I have nothing to do with all these; I just 

 

followed instruction received from BU Head and Director of department and assuming that we would be transfer soon. 

 

Now I have resinged from my position on 18th December, 2013 (30 days notice period as per policy). All employees resigned 

 

around this date from my department (Few were getting offered from that other company and others are having opportunity from 

 

external world). Our company management is not accpeting resignaion of any of the employee. Instead on 20th December, 2013 

 

(2nd days after my resignation in evening), they collected all company assets given to me for official use (Internet Data 

 

Card, Laptop with data and accessories). Since I am worried about my releiving letter and resignation acceptance, I kept 

 

quite and continued to come office serving my notice period till 17th January, 2014. 

 

On Friday (3rd January, 2014) we got an email from HR Head with cc to management team mentioning that they are in process of 

 

enquiring our department operations for last 2 years including proposals made, PO received, services rendered, etc. on behalf 

 

of own / other company. They have given us the deadline till 7th January, 2014 in response.

 

I am not comfortable after reading this mail. I do not want to be part of this mess which is going on. I just followed what I 

 

was asked to do by my superiors. I could feel the kind losses I will having in near furture by not having 2 months salary, 

 

LTA, Gratuity, Relieving and experience letter, etc. Also I do not have any other job in my hand at this moment. I am looking 

 

to get my job secure in other company where other 2 departments got transferred because they they are aware of this situation 

 

in company nad ready to hire me without relieving letter and also ready to compensate larger amount of losses which occured 

 

here. 

 

Kindly help me with following queries and your expert comments to get rid out this situation: -

1. Can employer put an enquiry on an employee after hsi resignation from company? I have already handed over all assets 

 

including data.

2. What happens if I do not respond to their mail dated 3rd January enquiring about our operations? I am afraid that if I put 

 

anything on email / verbally, they will strt investigating more and drag me into the matters. I do not want to waste my time 

 

here.

3. Can I pu my immediate resignation (by 6th January or latest by 7th January) stating non-receipt of salary from 2 months 

 

and relieve my self immediately without their acceptance?

4. Can I get my relieving letter from company if I resign immediately?

5. Can I claim my salaries and other dues from company?

6. Can company take any legal action on me if I resign immediately and do not respond to their query?

 

Please suggest your expert comment and suggestion to resolve this matter at the earliest.

-Chirag Shah



Learning

 14 Replies

Kumar Doab (FIN)     05 January 2014

Has the establishment issued the acknowledgment of the company property collected from you?

The company can initiate an inquiry during notice period.

From the language posted by it seems company has not sought any information from you.

It has communicated that it is inquiring.

If you have not committed any wrong then why should you worry.

If you have and it is revealed company can chase you.

If you feel there is a reason it is the time to download all relevant record now and approach your lawyer well versed with such matter snow and prepare your defense.

Later company shall not share any document easily although it is custodian of all record.

 

Resignation can be without permission or notice.

 

However it is always better to tender reasonable notice, complete all tasks/assignments on hand and on record with a copy to employee, handover company property  and not to leave anything pending.

If company has been taking work but has not been paying wages then it has breached its own contract and has become unworthy of being employed with.

Relieving letter signifies that there is nothing pending at the end of employee.

If you have handed over charge, company property, completed all assignments and rather company has to pay the outstanding wages and dues then company should issue relieving letter.

The company is under legal obligation to pay all amounts to you: wages, reimbursements, Gratuity ( as per policy), LTA,  and issue service certificate...........................to you.

What is the query posted by company to you????????

If there is a reason (which you should be knowing) approach your lawyer and draft your reply in consultation with your lawyer.

Company may ask you to remain on board till it completes it inquiry.

 

 

 

 

 

 

 

 

 

 

 

 

1 Like

Ms.Nirmala P.Rao (CEO)     06 January 2014

I do concur with M.r.Kumar Doab.

1 Like

Chirag (Manager)     06 January 2014

Thank you Mr. Kumar and Ms. Nirmala for your quick response. Please find below more details: -

I have not received any acknowledgement of assets handover to Admin and HR. But I have written a mail regarding same and asking for confirmation followed by a reminder but they are not replying to my email. Can you please help me the way to put a final mail tot hem today which automatically states that I have handed over assets even if they do not reply with confirmation?

Below is an email draft received from HR... For each point I have put my comments in bold letter for your reference.

 

The company is in process of conducting an inquiry into ETG operations.

 
Kindly provide us with the following details done by you on behalf of our company.,  as well as other organisations / partners in India & Abroad :
 
1.       All proposals made by you for prospects / customers in India and Overseas- Here I have made very few proposals for other company as communicated by our BU Head. Moreover, we all were in impression that our department will be transfer soon so we thought that this is regular practice. I feel that I have not done anything wrong but at the same due to some dispute at management level, they may be targeting now few of employees like me and put more questioning on me. I do not want to get into this matter at all. I have handed over my assets including data on laptop so they can seek for all information from it as well as my official mails. What is your opinion?
2.       All POs received - I have received PO for my own company but not for others. The proposals which I made for others did not worked in our way (Fortunately...;))
3.    All Invoices raised by you for services delivered to all your Domestic and International Customers- Not applicable; I am not the right person
4.       All payment details received by you for services delivered to all your Domestic and International Customers- Not applicable; I am not the right person
5.       All POC’s done and are ongoing at present - No Proof Of Concept (POC) done
6.       Any open customer issue / contractual agreement for any domestic or international customer - Not applicable; I am not the right person
7.       Your engagement chart (country-wise, month-wise projects executed) - Not applicable; I am not the right person
 
I always wanted to serve my 30-Days notice period in the company but now I feel that company is unnecessarily dragging us in the issue and not relieving employees. I have 3-4 colleagues who already passed their resignation date but still they are not revealed. I am afraid that same can happen with me. I want to release my self asap (today or tomorrow) and move my career with other company. Also I need to have relieving letter with FNF settlement. 

Please suggest your inputs. I am not sure if it is right way to say but if you want we can speak on phone to discuss in details.

Looking forward your response.

Regards,
Chirag Shah 

 

Kumar Doab (FIN)     06 January 2014

You have posted that:

 

>> It is felt that company shall not issue relieving letter and even FNF and may conclude some loss and transfer the onus on employees.

 

The inquiry may be a ‘Sham’ to deny payments or losses

 

Or

 

Company might have indeed suffered losses and employees, BU, Director may be the culprits.

 

 

 

>> “they are aware of this situation in company nad ready to hire me without relieving letter and also ready to compensate larger amount of losses which occured here.“

 

 

What are you waiting for?

 

Obtain their concurrence to appoint you without relieving letter preferably in writing and buy out your notice period and also to compensate the loss that you have mentioned.

 

Have you reported/informed any loss to this company?

 

What is this loss?

 

If you do not wish to state it in this thread then it is OK but do not conceal it from your lawyer.

 

The lawyer tht has to defend you must be appraised on everything.

 

 

---“I have not received any acknowledgement of assets handover to Admin and HR. But I have written a mail regarding same and asking for confirmation followed by a reminder but they are not replying to my email.”

 

If the assets were issued to you in the beginning  to you by taking an acknowledgment ( mention detail e.g. receipt number.............) from you then you may write on the same email trail with reminder vide which you have communicated handover of assets that Mr/Ms........................designation.........................dept....................name of company ........................address........................has collected the items ( mention detail) and has not issued and supplied the acknowledgment which should be supplied at once and acknowledgment of assets taken from you should be cancelled and stands cancelled.

 

 

You may address and supply all communications to appointing authority, MD...................under proper acknowledgment preferably by letter thru redg. post. And let this also be structured by your lawyer.

 

 

----“The company is in process of conducting an inquiry into ETG operations. “

 

We do not understand what this ETG operation is.

 

You need to explain it your lawyer. Your lawyer can thereafter structure your reply if at all you need to reply.

 

 

----“Here I have made very few proposals for other company as communicated by our BU Head. “

“I just followed instruction received from BU Head and Director of department“

 

 

So your response may be that you were reporting to............................... and you were instructed for any work by these gentlemen and they are in employment and these officials would know the work assigned to you/reason for assigning work/and its onward transmission and application.

 

Moreover if the data card, laptop, access to all internal mails has been blocked then how can you access anything?

 

You need to explain it your lawyer. Your lawyer can thereafter structure your reply if at all you need to reply.

 

---For rest of the matter and also for the matter at point no.1.................you have already stated that “I am not the right person”.

 

If you are not the right person then let your lawyer decide if you need to write this much only or if at all you need to reply.

 

 

Or what should be your reply.

 

 

 

-----“  have 3-4 colleagues who already passed their resignation date but still they are not revealed.”

 

Has the company issued and supplied any written communications to remain on board/ that resignation is not accepted/they should remain in office till completion of inquiry.............................?

 

If NO then a fitting reply to the email/letter by company informing inquiry should suffice..................................or since company has not supplied any written communication to remain ob board and notice period is over the may separate by final resignation.

 

They can very well deny to be get bogged down by verbal transactions.

 

If employee has initiated separation by way of resignation then employee shall choose the date of retirement from company (expiry of notice period) and if the same has been duly communicated to company then that shall remain as the date of retirement.

 

These employees can very well by a formal communication of final resignation, resign from employment on expiry of notice period.

 

In your case you may tender a final communication emphasizing that you have submitted company property as after you tendered your resignation immediately on dated.............................Mr/Ms............... designation.........................dept....................name of company ........................address........................has collected the company property ( mention detail) implying company has also decided to put you off the work and acknowledge your resignation and you have completed all tasks on hand nothing is due to be done by you....................................

 

And

 

The list of payables by company to you is attached.......................Mention detail........................ and that you have not been paid your dues........................despite unlimited number of representations in office.....................and you are unable to bear the expenses of attending to office any more................................and that the dues payable by the company should be paid to you at once by the close of office hours of dated.................................in cash........................

 

If the company does not tender payment you may consult your lawyer and your lawyer may opine that you can issue another communication and declare that notice period etc has lost its sanctity and you are resigning with immediate effect............................. .......................................

 

Somehow you should transfer the onus of everything on company and must not run away with burden of everything on your head.

 

 

 

 

 

There are threads initiated by IT/ITeS companies and affirming that standing orders are applicable to these companies. These companies are covered under Shops and Commercial Establishments Act.

 

IN the state of Maharashtra as per 

Bombay Shops and Commercial Establishments Act the standing orders are applicable to even an establishment selling Grocery if 50 or more people are employed with it.

 

 



>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI


 


>> You may without any hesitation approach a competent and experienced labor consultant/service lawyer.
The lawyer that has seen all of your docs, record can advice you the best.

 

It is reiterated that you may show all docs and records to your lawyer and give inputs and proceed under expert advice of your lawyer and refrain from proceeding on your own.

 

 

 

 

https://www.lawyersclubindia.com/forum/Employee-refuse-to-relieve-95177.asp#.UspyzNIW1MA

 

https://www.lawyersclubindia.com/forum/Need-help-in-resignation-relieving-letter-issue-94537.asp#.UsQdOtIW1MA

 

https://www.lawyersclubindia.com/forum/Employer-asking-me-to-give-2-months-notice-period-salary-95045.asp#.UsadJNIW1MA

https://www.lawyersclubindia.com/forum/How-to-proceed-to-receive-release-letter-f-f-settlement-94951.asp#.UsahENIW1MA

 

 

 

https://www.lawyersclubindia.com/experts/Standing-orders-442266.asp#.UrRicdIW1MA

 

 

https://www.lawyersclubindia.com/experts/Standing-Orders-426366.asp#.UrKmL9IW1MA

1 Like

Sudhir Kumar, Advocate (Advocate)     07 January 2014

well elaborated by Mr Kumar Doab

1 Like

Chirag (Manager)     07 January 2014

Thank you so much Mr. Kumar. Appreciate your prompt feedback. To answer some of your queries.. you wrote ==》It is felt that company shall not issue relieving letter and even FNF and may conclude some loss and transfer the onus on employees. The inquiry may be a Sham to deny payments or losses.. pl explain this again.. I have not incurred any lose to company in my 7 years tenure and have worked faithfully and would have continued working if company is having financial stability. I have nothing to hide in this thread. ETG (Emerging Technology Group) is the official name given to my department and they are seeking an enquiry into its operation. Regarding asset handover, you explained well.. thanks for that. I will be putting my immediate resignation on Tuesday morning followed by assets handover confirmation within next 2 days... is this approach correct? My idea is to leave company asap and joined the other. Later I can follow up for my dues and relieving letter. Employees who already served their notice period have moved to other company by the way of self resign but they got replied from HR stating that they can not tesign unless management takes any decision. In my tenures i have never understood their roles.. do they work only for mgmt.. wht about employees? They would have informed these to my collegues during their notice period; not after completion and notifying self resign... anyway my case would differ here as i will not be serving my notice period as planned earlier..hope i can adjust with my pending leaves. I have not gone through the links posted by you but definitely look into tomorrow morning... i am putting self resignation mail tomor morning and would let you know their redponse.. hope to have your comment on that.. than you Mr. Kumar .. its been great communicating to you and you really boosting up my confidence.. thnx again...

Chirag (Manager)     07 January 2014

Thank you so much Mr. Kumar. Appreciate your prompt feedback.

To answer some of your queries..

you wrote ==„ÄčIt is felt that company shall not issue relieving letter and even FNF and may conclude some loss and transfer the onus on employees. The inquiry may be a Sham to deny payments or losses.. pl explain this again..

 

I have not incurred any lose to company in my 7 years tenure and have worked faithfully and would have continued working if company is having financial stability. I have nothing to hide in this thread.

 

ETG (Emerging Technology Group) is the official name given to my department and they are seeking an enquiry into its operation.

 

Regarding asset handover, you explained well.. thanks for that. I will be putting my immediate resignation on Tuesday morning followed by assets handover confirmation within next 2 days... is this approach correct? My idea is to leave company asap and joined the other. Later I can follow up for my dues and relieving letter.

 

Employees who already served their notice period have moved to other company by the way of self resign but they got replied from HR stating that they can not resign unless management takes any decision. In my tenures i have never understood their roles.. do they work only for mgmt.. what about employees? They would have informed these to my colleagues during their notice period; not after completion and notifying self resign... anyway my case would differ here as i will not be serving my notice period as planned earlier..hope i can adjust with my pending leaves. I have not gone through the links posted by you but definitely look into tomorrow morning... i am putting self resignation mail tomorrow morning and would let you know their response.. hope to have your comment on that.. than you Mr. Kumar .. its been great communicating to you and you really boosting up my confidence.. thnx again...

 

Kumar Doab (FIN)     07 January 2014

 

 

You have posted that:

 

 

 

 

 

----“would have continued working if company is having financial stability.”

 

You could have included the non payment of wages and dues etc in notice of resignation and even subsequent communications and even final resignation emphasizing that you have been clamoring for these in office.....................................

 

Transfer the burden of everything on line managers/HR/appointing authority/MD/Board/Employer...................  

 

 

-----“Employees who already served their notice period have moved to other company by the way of self resign but they got replied from HR stating that they can not resign unless management takes any decision.”

 

The days of bonded labor are gone for long.

 

It is sheer stupidity and nuisance that wages shall not be paid and employee shall not be allowed to leave/forced to remain under employer.....................................

 

 

These employees can issue a stern communication to the company personnel who have signed on such communication and include his name in list of noticees................

 

 

Moreover the company personnel who have signed on such communication might have not been authorized to sign on such communication.

 

The studied silence by appointing authority/MD/Board/Employer to such representation by employee shall only make it vulnerable.......................

 

 

------“ anyway my case would differ here as i will not be serving my notice period as planned earlier”

 

Download the proof that no tasks/assignments are pending at your end/nothing is pending at your end and thus you should be able to counter the allegation if any rose on you that by leaving during notice period, you have caused some financial or other loss to the company...................

 

 

 

 

----“hope i can adjust with my pending leaves.”

 

If it is included in the appointment letter/HR policy/certified standing orders issued to you, yes the pending leaves may be adjusted or the company has to encash paid/EL/annual leave in FNF statement and adjust notice pay in FNF statement...............................

 

You may demand FNF statement for verification and acceptance.....................

 

Leave policy of the company must comply to Shops and Commercials Establishments Act /Factory Act................................It can offer superior benefit but can not offer inferior benefits.

 

You may refer to Bombay Shops and Commercials Establishments Act:

 

CHAPTER VII : Leave with Pay and Payment of Wages

 

55.  False entries by employer and manager.

 

58.  Determination of employer  for  the  purpose  of  this  Act.

 

 

 

 

-----“ is this approach correct?”

“I will be putting my immediate resignation on Tuesday morning ‘

 

We are not aware that you have consulted a lawyer in person or not.......................You should have.

 

On line discussion have its own limitations.

 

 

It is reiterated that you may show all docs and records to your lawyer and give inputs and proceed under expert advice of your lawyer and refrain from proceeding on your own.

 

The lawyer that has seen all of your docs, record, inputs in person can advice you the best.

 

Rest is up to you.

 

 

1 Like

Chirag (Manager)     07 January 2014

Thanks once again... Below is the email I have sent to my management few minutes back......

Dear .........,

This is with reference to my resignation email dated 18th December, 2013.
 
Over several occasions, I have been conversing with respect to the irregularity in receiving my monthly salaries and now that my salary has not been paid since the last Two (2) months, it has become challenging for me to manage my basic day to day subsistence. In spite of several requests and requisitions made by myself, the payment is not yet tendered.

In pursuance of the same and without having any choice, I have placed my resignation but the same remains pending for acceptance. Being straggled until acceptance of my resignation by the Company and having no other choice but to relentlessly await a response from the Company, I hereby resign with immediate effect.

I have already handed over the company assets such as Laptop, Reliance Data Card and Laptop Bag on 20th December, 2013 for which I have already sent an email on 24th December, 2013 followed by reminder mail on 3rd January, 2014. Kindly acknowledge the receipt of the same.

 I will also be returning my office ID card and Mobile SIM card provided to me by the Company shortly.

Kindly find below my official email credential provided to me by the Company:
Username: ********** @abc.com
Password: *********** (Please change this password immediately)
I will not be accessing this office email account from now onwards. For any further communication, you can write to me on my personal email ID *****@yahoo.com

You are hereby requested to kindly release my pending remuneration till date, along with my provident fund, Gratuity, Leave encashment and other out of pocket expense within a period of one week from today.

Thank you for all your support and I wish the company continued success.

Regards,
Chirag Shah

Chirag (Manager)     10 January 2014

Hi,

Post my immediate resignation dated 7th Jan, 2014 I have not received any response from company...pl suggest what should I do here?

 

-Chirag

Kumar Doab (FIN)     10 January 2014

The matter posted by you has been discussed in detail.

Approach a lawyer in person and your lawyer may opine that a notice can be issued to company.

You would need the counsel frequently and very often: of a competent and experienced labor consultant/service lawyer well versed with ‘Inquiries’ also......................................

Do not hesitate to approach your lawyer in person, at your location.

 

 

Sudhir Kumar, Advocate (Advocate)     11 January 2014

agreeing with Mr Kumar Doab I will add that such long discussion on open forum can be counter productive if your company's lawyer also happens to be member here.

Chirag (Manager)     11 January 2014

Hello Sir,

I have not appointed any lawyer yet... I just anted to check that if I can send reminder email on resignation since there is no response or should I directly proceed with legal notice.....? How much time this takes to resolve after sending legal notice, i am sure this depends on case to case but still what would be duration if you can guide me.....

Kumar Doab (FIN)     11 January 2014

The employee should not hesitate to be member of Trade Unions and to have a lawyer.

You have a situation.

You can send a reminder.

However discuss the matter with your lawyer in person, understand the merits and proceed as suitable to you.

 

It shall be appropriate to structure all representations now in consultation with your lawyer so as to suit your interest in the long run.......


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