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Ishaa (AM)     30 October 2011

Query

Hi

I am working with a company where I signed a service agreement when they sent me onsite for a month. Now the terms of agreement are 6 months or 1 Lakh Rupees .I came back last month from onsite . Since I am still on probabtion , my notice period according to the offer letter is 14 days . I am willing to pay 1 Lakh rupees as I am planning to leave the organisation . But my manager is trying to threathen me and creating his own rules by saying that it depends upon the company whether they will let me go or not before 6 months . But it is nowwhere mentioned that it depends upon the company . My notice period is 14 days which to an extent I believe depends upon the company whether they can relieve me before 14 days .But after 14 days they have to relieve me .I am just going by all the documents I have and the policies of the company . But he is using words like "I will go to any extent to protect the business interest of the company" .I am very stressted by all of this .

Can anybody suggest something?

Thanks



Learning

 9 Replies

sanjeev murthy desai (Advocate)     30 October 2011

Just give them written 14 days notice to them. After that if they created any thing against dont worry send a legal notice them.

 


 

1 Like

Ishaa (AM)     30 October 2011

Hi

Thank you for your reply firstly , 

I gave them my resignation letter by email on 25th October ,2011 . They have not replied to that mail . In the mail I requested them to relieve me by 1st of November,2011 as I am willing to pay the notice period salary . 

In the worst case , I am in fact willing to be there till 8th Nov,2011 (end of 14 days).

In case I dont get any reply from them and they verbally tell me to be there for 2 months- 3 months, should I approach the labour commisioner or a lawyer?

Thanks

 

Ishaan

Rajeev Kumar (Lawyer/Advocate)     30 October 2011

Originally posted by :Ishaa
"
Hi

Thank you for your reply firstly , 

I gave them my resignation letter by email on 25th October ,2011 . They have not replied to that mail . In the mail I requested them to relieve me by 1st of November,2011 as I am willing to pay the notice period salary . 

In the worst case , I am in fact willing to be there till 8th Nov,2011 (end of 14 days).

In case I dont get any reply from them and they verbally tell me to be there for 2 months- 3 months, should I approach the labour commisioner or a lawyer?

Thanks

 

Ishaan
"

1 Like

sanjeev murthy desai (Advocate)     30 October 2011

You should have to approch Lawyer. They ll take appropriate action

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 October 2011

Dear ISHA

before sending your resignation through mail have you sent the notice of a 14 days period or not?

if yes then when you send the notice and what your ground/request in our notice?

if you had sent the resignation mail after notice then no need to worry about your relieveing, company can not take any legal action against you.

if the company does not give you releiving letter then send legal notice to company through Lawyer.

no need to worry

feel free to call

1 Like

Rajeev Kumar (Lawyer/Advocate)     31 October 2011

I absolutely agree with Nadeem
1 Like

Kumar Doab (FIN)     31 October 2011

Learned experts/members have given valuable advice. Kindly follow it.

You have not posted any notice of resignation giving 14 days of notice, you have submitted resignation, and you are willing to tender notice pay. Have you stated your willingness to tender notice pay in lieu of notice period in your email mentioned by you? Have you stated in your email that if notice pay in lieu of notice period is not acceptable to the company you should be informed in writing and you are willing to serve notice period of 14 days (from the date of 25th October ,2011, and thus ending on dated………)

Have you accepted any change in notice period clause in service agreement?

It shall be appropriate to show all docs to elders in your family, competent and experienced well wishers, lawyer/law firm.

You are willing to pay the mount of Rs. 1.00 lac expressed in service agreement, and notice pay, or serve notice period; hence you are being reasonable and a disciplined and good employee. You are feeling stressed due to the conduct of your manager, who may have a nuisance value, but is not your appointing or competent authority. The manager is either being over enthusiastic or zealous, or is behaving under instructions, however this usually the conduct in today’s business environment. No employer can force any employee to remain in employment for complete probation period, and mention that before probation period separation/termination of employment is not possible.You are within your rights to  mention your complaint on bad conduct of your manager to the good offices.

You may, submit by redg. Post, a letter of resignation, dated 25th October, 2011, pursuant to your email, and write your effective date of resignation clearly, addressed to good offices of your appointing authority, MD, Head-HR and request the good offices to ensure smooth exit formalities are completed within effective date of resignation. You may request to inform you to whom the charge and company property (if any) should be handed over, and the designated employee should be informed, with a copy to you to handover the proper acknowledgment to you on the spot. You may ask him/her on the spot to write that nothing is due against you.

You may mention that you are willing to cooperate to train any employee designated as your replacement within and up to effective date of your resignation. You may request to ensure acknowledgment of your notice of resignation is supplied to you at once, and settlement of you’re a/c and payment instrument, FNF statement, work experience certificate/service certificate, form 16, PF accumulation reports and withdrawal/transfer forms, relieving letter etc are supplied to you by the  effective date of your resignation.

 

You should not leave room for the company to charge you on any count.

All communications you submit to company should be structured .Kindly consult elders in the family, competent and experienced well wishers, lawyer/law firm.

 

 

 

1 Like

Ishaa (AM)     20 November 2011

Hi

Thanks a lot everybody , my problem got resolved , I got relieved on 11th of November!

I just stuck to my guns...and the documents which I have.....they tried forcing me etc etc etc...but I was quite sure about what I want and confident all through out.

Gratefull to such forums where a layperson can come and discuss really important issues...Great Job everybody..

Thanks a lot

Kumar Doab (FIN)     20 November 2011

It is good that, you held your ground, and got relieved with in say 17 days.

Kindly create awareness amongst your fellow colleagues, employees and inculcicate habit of consulting elders in the family, competent and experienced well wishers, lawyer/law firm before signing a document. Weigh the pro and cons and take a qualified decision. Do not lower your guard. It is always better than repenting later.

 It is always appropriate to have access to or retain a legally trained mind/lawyer/law firm and it is economical in the long run.

If possible form a community of like minded individuals first and a union later.

Be a good employee and justify your salary. At the same time do not surrender your rights.


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