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Ravi   03 July 2015

Notice period buy off is not accepting my organization

 Dear Sir / Madam,

I am Working in Automobile Manufacturing Industry @ Chennai for 1.4 Years. Now I got a better offer in Chennai itself and submitted the resignation by Mail

As per Appoinment order in the present organization " Your service may be terminable by written notice of three months on either side or Salary in lieu thereof. Please note That in the event of any violation or breach of our service conditions, explicitly communicated in the offer or which may be made applicable to you from time to time, or the ethical standards or behaviors on your part, the company reserves the right to terminable your service forthwith without any notice."

I have submitted my resignation by company portal on 19th June 2015 and willing to relive from the present job from 31st July. for the balance period i would like to pay a notice period pay.

Total Notice period: 90 days (while submitting resignation in the portal is shows 90 days)

From 19th June to 31st July: 44 Days

Balance notice period pay: 46 Days i will ready to pay as money. (Normally for many of the people company does the same).

My boss, 2nd level Boss and HR have accepted by resignation. And all my works have been assigned to next level person and my boss is also accepted the same.

But my 2nd level boss is asked by serve 3 month notice period and he will accept money.

Since my 2nd level boss is said to serve 3 months, HR & my boss is not able to say anything.

Can you give a legal advice for this matter?



Learning

 5 Replies

Kumar Doab (FIN)     03 July 2015

 

You have posted that:

 

---“ I have submitted my resignation by company portal on 19th June 2015 and willing to relive from the present job from 31st July. for the balance period i would like to pay a notice period pay.”

Download the screen shots, printouts etc, as anytime your access may be blocked.

Submit from official email/personal email also. Resignation is personal matter and can be communicated from personal email id. You can also send by letter addressed to appointing authority by Redg. Post (and bosses, HR or with a copy to them) citing reference of acceptance/handover etc by reporting authorities as per company’s procedure and that post acceptance/handover you have firmed up your next plans.

 

---“ My boss, 2nd level Boss and HR have accepted by resignation. And all my works have been assigned to next level person and my boss is also accepted the same.”

 

Download evidence/screenshots/printouts before access is blocked. Obtain signatures on handover and acceptance if possible…………………………..OR minute it in writing by letter addressed to appointing authority, with a copy to you covering that you have already handover the charge to Mr/Ms………….on dated ………….and NO tasks are pending at your end……………..and routine duties be assigned that can be completed on daily basis within and upto LWD i.e. dated………………..as per expiry of notice of resignation dated…………of ………………days tendered by you, as per clause number ………..of appointment letter dated issued to you…………….. …………………….and ask to supply By Redg. Post the acceptance of resignation, service certificate, reliving letter, FnF statement showing adjustment of correct notice period/rate of notice pay applicable to your as per applicable enactments/earned wages/bonus/OT/leave encashment/incentives/reimbursements etc, salary slips of all months, PF number with a/c slips of all years, ESIC card, Form16 as per correct FnF statement, NOC/NDC etc

 

---“ I am Working in Automobile Manufacturing Industry @ Chennai for 1.4 Years. Now I got a better offer in Chennai itself and submitted the resignation by Mail”

 

If you don’t mind, mention name of the company even if by PM , for better response to you.

 

What is your designation and nature of duties?

Do you have any power to sanction leave/increment/appoint/terminate?

 

What is your Dept/Div and office where you are located is registered as ; Commercial or Industrial?

 

How many maximum persons were employed in the company at any point of time?

 

Do the standing orders apply to the company?

Does it have its certified standing orders and if yes does it cover your designation? OR does the Model Standing Orders apply?

 

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

 

 ---“ Since my 2nd level boss is said to serve 3 months, HR & my boss is not able to say anything.”

As per extract of the clause no manager can do so.

However you need to defend your interest from various tactics that line managers/HR are known to apply.

 

You may reply pointwise to all points!

Ravi   03 July 2015

thank you for your inputs Mr. Kumar

Iam department Head. under me 7 people are working for them iam the leave approval authoritiy and appriser.

my company is manuracturing company - industrial

i am not a part of Union.

i spoke with HR and asked my to rellive by they said you 2nd level boss has to accept.

appointment order snap shot is attached


Attached File :
  • downloaded: 67 times
  • Ravi   04 July 2015

    Deear Kumar,

    the appoinment copy is attached herewith.

    kindly give your feedback based in the appoinment letter


    Attached File :
  • downloaded: 55 times
  • Kumar Doab (FIN)     04 July 2015

     

    At least I am not impressed with your statement posted by you that:

     

    --- “Iam department Head. under me 7 people are working for them iam the leave approval authoritiy and appriser”

    Can leave sanctioned by you, KRA’s appraised by you be amended by anyone else? If yes you are just a pusher of document and at the most recommending authority to suit the convenience of employer.

    So Even then you can very well be covered by def. of ‘Workman’ as in ID Act.

     

    If you are covered and Model Standing orders apply then as per Sec13 probation period before confirmation is NIL and after confirmation is max.30 days.

    However for the time being let us downplay it.

     

     

    ---“ There is no company standing orders have shared with to me or not in the company portal web site.”

    The Industrial establishment is covered by Standing Orders.

    If employer has CO (Certified Standing Orders) then it has to display these at a conspicuous place say near entrance/on notice board and should circulate these to employees covered by these…………….and keep these in knowledge domain of employee say a shared portal.

     

    Employee can demand certified copy and employer is under obligation to supply even if against a reasonable cost say Rs10/-

    Employer can not behave like a street magician and produce things from thin air.

     

    Employee or anyone can obtain the certified copy of standing orders applicable to establishment and employee from certifying officer (usually DLC in Local o/o Labor Commissioner) against a nominal cost say Rs3/page.

     

    The point is standing orders is an instrument of law and shall prevail upon appointment letter!

    Thus if in CO notice period is say 30 days it shall prevail and supersede appointment letter.

     

    You might have seen standing orders (even if Model Standing orders) displayed on notice board for workers.

     

    ---“ i spoke with HR and asked my to rellive by they said you 2nd level boss has to accept.”

    Speaking, telling, listening are verbal modes of communication and not on record.

     

    The moment employee has resigned he/she has ended the employer-employee relationship.

    If employee has chosen to retire by resignation then employee shall chose the date of retirement or notice period and expiry of notice period/LWD.

     

    Some points that you should insert in notice of resignation, subsequent communication have already been suggested.

     

    Who has signed the appointment letter: 2nd level Boss or someone else?

    Is the 2nd level Boss an authority (authorized by Board) to accept or decline to accept the resignation?

    Has this Boss quoted any reason in writing to decline to accept the resignation?

     

    Do not carried away by the software resignation tool that provides nuisance value to Line Managers to intrude and litter nuisance.

    The employer can not breach its own contract drafted by it and signed with employee.

    There is a provision of notice pay in lieu of notice period and that is it!

     

     

     

    Kumar Doab (FIN)     04 July 2015

    Remain vigilant of tactics that are existant thru Line Managers/HR.

    Don't remain enatngled with them, only!

    Remain amiable, gentle and alert!

     


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