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anu   25 July 2016

Regarding resignation in it company

Hi ,

 

I need clarification regarding releaving from company.

I am working one IT compant in banglore . I given redignation for that post and my notice period is one month. But my compant management forcing to work extend notice period for 2 month. Other wise they are telling they won't give papers . please let me know soon this legal. other wise can i put case on them. Please replay some one soon.

 

 

Regards,

anu



Learning

 7 Replies

Kumar Doab (FIN)     25 July 2016

NO.

However you may post the exatct extarct from appointment letter and/or attach a copy and confirm if ther is any T&C that notice period can be extended? You may erase the names/logo to maintain the confidentiality.

 

 

 

Kumar Doab (FIN)     25 July 2016

While initiating such query, employee should post full information for better impression e.g;

 

Did you mention the reason for leaving in notice/subsequent communication/resignation?

 

Have you been issued with appointment letter? Is notice period mentioned in it? 



You may post the exact extract from offer/appointment letter/agreement on termination/resignation,Notice pay in lieu of notice period,payment of wages, etc etc.

What is your designation and nature of duties in offer/appointment letter/agreement and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?



Is any date of payment of wages mentioned in appointment letter?


How was salary paid; cash/cheque/in bank a/c?

Did you sign any voucher? Do you have copy? Did you put date of payment on it?

You were in which state ( Noted; Karnataka/Bangalore) ?


What is this establishment; Commercial/Industrial ?

 

What is its line of business (Noted; IT )?



Does it have Certified/Model standing orders and does it apply to your designation? (  If yes confirm it is (Model/certified). 


Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed? Is it mentioned in appointment letter that you are under probation period?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c ?


Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, acknowledgment of notice/final resignation and acceptance, PF a/c number and a/c slips, ESIC card,Form16, service certificate, relieving letter  {Noted; Yes (with good comments, confirm)}, NOC/NDC, handover of charge/assets etc?


You have worked for how many months?


How many persons wee employed in it and what was max. no. at any time?

Has your FnF statement bee supplied by the company and FnF been settled by company?

 

 

 

adv.bharat @ PUNE (Lawyer)     25 July 2016

Author need to explain the fact demaded by expert.

G D Rajan (Advocate - High Court Madras)     01 August 2016

Anu,

You should act according to the terms you have signed for the Notice Period. If it clearly says it as one month. Then, your one month notice could be fine. And, with regard to the papers, you  should handle it like Win-Win basis.

Sit with HR and discuss, similarly with your future employer. If future employer dont insist for papers and they are ok to rely on the reply from the existing employer. Its your call.

Otherwise, Just convince by sending a registered/courier/email about your notice letter alongwith your employee agreement copy to the existing employer, also demand the salary of this current month to be credited to your account.

They cannot hold you for excesive period. 

Kumar Doab (FIN)     12 August 2016

The IT employees have united and have formed unions and have affilliated with Trade Unions.

The state Govt. has advised to form Greivance Redressal committe in each establishment.

 

Approach them or lean on your able counsel specializing in labor/service matters.

Get everything with note on Good perfromance/conduct.

Ms.Usha Kapoor (CEO)     23 August 2016

You are boundbythe erms and  conditions  of  employemnt  contract  which would be there in your employwmnt appointment letter. In case two moths notice  periosd  is there according to your employment congtract you should work for  2 months before leaving  on accountof resignation. Findout whether you can buyout the 1 month notice period by foregoing one months   salary months salary.IN case  the terms of your appointment  order say only one months noticeperiod and hey areforcing you  to work for onemore month you can find solution by filing acase in Labor court who may direcr t your employer to consider your request  of not forcing you to  work for an additionallmonth from  the date of  resignation and immediately give you releiiving orders.

Kumar Doab (FIN)     23 August 2016

The notice period is part of service conditions and governed by various enactments that apply to establishment,employer,employee.

These enactments shall prevail upon any private agreement/policy/rule drafted by employer and signed with employee e.g; offer letter/appointment letter/contract of employment/HR policy/employee handbook/servic rules etc etc...................

 

The notice period of 60 days may not be neccessarily applicable in your case even if inserted in appointment letter.

 

Such matters have been discussed, illustrated unlimited number of times in unlimited threads that can besearched in 'Search' option available on bottom of right hand side of this web page.

 


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