Resignation

your question is not clear as to what kind of formality was not done. However your resignation was for the reason of unhealthy conditions & safety issues, you may reply to their mail strongly even if they pursue then you may take your cause to the courts of law

Actually I have send them a mail for my resignation, but they didnt gave me any relieving letter or something and told me that they will revert me back once CEO will back(he was out for some foreign trip).

You must have retained a copy, of your offer letter & appointment letter.You have to study the terms of service/termination/resignation.

If you have verbally informed  your superiors and HR about the unhealthy conditions of firm and safety issues, and later resigned after feeling these won't improve, you should have mentioned about these and your discussions with superiors in your resignation letter, and that  you were told that acceptance shall be sent to you,once the CEO returns. Did your superiors mention how  they ensure healthy conditions and safety?

Now you should reply to their communication by giving detail of the facts and incidences that made you feel about the unhealthy conditions of firm and safety issues, your discussions and that being a female you can not work under such conditions.

The company is under obligation to provide a safe and healthy working environment, in the company premises, to all employees male or female, and won't agree that the conditions in their company are unhealthy and there are safety issues.

Company can ask to you to remit notice pay.You getting exit without remitting notice pay shall set a wrong precedence for other employees.

It shall be appropriate to take up the matter with your superiors and HR and convince them and avoid litigation.You may settle the matter amicably and give and obtain communication suitable to both employer and emplyee.HR can issue you the acceptance ,relieving lettre,NOC and later fairly good reference check.If there is any company property issued to you , you may submit it under receipt.

Hi,

This is Venugopal, i have one of my friend worried about the relieving letter from her previous company which was not issued to him.

Due to some personal problems my friend had to forcefully leave the job without informing to the employer and after one year he tried to get a relieving letter from his previous employer but the HR professionals  refused to provide him the letter. they say that the company policies have been changed and cannot issue a relieving letter at any cost.

My friend tried talking to the next level of HR team and tired to get some help in all the possible ways but it was of no use. Now he is facing a problem to get a new job becasue he does not have the Relieving letter from the previos employer.

It would defenitely of a great help. if, he can get best suggestions to get the letter from the employer.

please let us know your possible solutions.

Shreya,

Your  appointment letter   may contain  a  probation period  clause.   Normally it  will be  3 months or  6 months  depend  upon  company  system.   If  any   new employee  wants to leave  with in the probation period  can do so  without  notice and  without compensation.

In your  case  nothing can be done by  your employer.  (  general  conditions) .   If  there is no such probation  condition  and   yours  is  straightaway perminent  position   then your  appointment letter  terms and conditions  are to be checked.

The reason you specified  herein this  mail  for  leaving the johb,  is  not   believeble.  If  say  so,   some  male & female  employees  are  working and  how  can  they sustain.    Working environment  cannot be  analysed within 2 days.   Any  how  dont  worry   nothing can be done against  you by the emploiyer.   If  they do,  let  me know  I can  suggest  you suitably  to teach a  lession to them.

Dear Sir, Iam working in a Company(MNC) for last 2 years. I have the below statement in my appointment letter "Upon completion of probation period and confirmation as a regular employee, you or the Company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof. However due to exigencies of business the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect. ". Now i got a another offer from a company, who is asking me to join with in a Month.Iam ready to pay the Notice period to my present employee for the notice which iam not serving. Practically serving 90 days will create problem for my new approintment.. hence i want to know. 1.Do my present can legally ask me to serve 90 days by not accepting the payment ?? 2.Is there any way i can legally challenge my present company for not asking to serve entire period without accepting payment. ? 3. How to tacking in case if my present employer asks me to serve entire notice.. Please help

Mr.Sridhar,

You can  request   your present employer   to  accept  for 90 days basic salary.   On the other hand  you have to disclose  the  new employer  about your difficulty  in notice period with the present employer.  If your new employer  is ready to accept you  without  releving letter is good.

You  prepare  your   handing over  charge  report  without  giving any chance to your present employer  to raise any dispute.   You  carefully  handover  all  valuable movebles  to  the conern and  keep acknowledgement.  Lke mobile or sim card,  laptop or desk top,  any other  printed material etc..   Ask yur present employer  specifically  to  accept  90 days basic and  to relieve  at the earliest.  by  nominating  any one  to take  charge from you.    Or  else  you  mention  your willingness to  hand over the charge as and when  they  want  with in  next  7 days.

They cannot  do any harm  to you,  unless they invest  on your  for  improving your  knowlege etc., or for some course.    

Dear Mr.Venkatkrishna.

Thanks for your reply. I need to know;  Assume If i handover all the valuables and say i will give 30 days serving for necessary transition and rest 2 months as Notice period payment from my side. But if my present employer is not accepting the 2 months payment and asks me to serve and if i didnt serve the period. Do they have  legal right to hold a employee like this?

Mr.Sridhar

Well you can  serve 30 days  and  offer  2months  basic salary.  Option of  payment  for  notice period is very well available in the appointment letter.   They  cannot enforece any  thing on you to stay and complete remaining 2 months  notice period.

Now  a days  employer treating  emploees  like  slaves.  Simply  creating trouble  to our  freedom of  life. As per indian Constitution,  every Indian citizen is having  certain rights.   Freedom of work, Freedom of life, Freedom of speech  etc.  No one can take away  those freedoms.   Some employers  behavius  is worse than  our  fast British Rulers.  If we  compare  these employers,  Britishers are better than this.

Dont  worry,  give  30 days notice with offer of  2 months basic  pay  and request for   relieving you on completion of 30 days.   If  there is no special or  specic training provided  by your employer by investing money on you,  they  can do nothing.

Hi,

Today i told my manager that i want to relieve from my Job and offered him that i will provide 1 month notice and rest 2 months i will compensate. However my manager denied Quoting the below term in my appointment letter 

 "Upon completion of probation period and confirmation as a regular employee, you or the Company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof. However due to exigencies of business the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect. "

He is asking me to serve 3 months. 

The Company which i want to join is giving maximum 1 month time to join and they are ready to buyout the remaining notice period.

 

I request to help me with a legal view on this whether An employer can compel an employee, who has resigned, to serve the entire notice period when he is willing to compensate the company ? . Is this not against the freedom to work ? 

What action i should take ? if my present empoyer is refusing to relieve ?

 

I have join a IT company in mumbai and company has ask me to sign 1 yr
bond of 1 lac amount and i have work only 1 week but due my medical
condition is not good so i have left the job without informing them so
i want know that what possible step will company take and what
should i do in this case.