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Gagan Dhillon   04 December 2015

Resignation

I resigned on Nov 30 and asked my employer to tell me of my relieving date. My employer sent me an email saying that they have acknowledged receipt of my resignation and are speaking to the management till they I should not attend office. Today they called me saying that instead of accepting my resignation they have suspended me. I asked them to give me the suspension email in writing and they refused. What should I do. The company is harassing me. When I have already resigned how can they suspend me. I have a new job, can I start with it or I should wait for my previous employer. I am not a slave or bonded labor. Please advise because I had already resigned and they are harassing me. Regards Gagan


 3 Replies

Kumar Doab (FIN)     04 December 2015

It is felt that you have not consulted before you decided to resign and drafted you resignation......................and you are not properly informed.

 

It is believed that you are not concealing anything.

You must have been issued offer letter and appointment letter (both) citing T&C on notice period/pay.

Since you have initiated retirement by resignation you shall choose effective date of resignation and could have mentioned the notice period/LWD in notice/resignation whatever you have submitted.

 

The suspension is if the company has charged you with some deliquency/transgression and has issued show cause notice...................has initiated enquiry.

 

The suspension is communicated verbally! Why?

 

Otherwise the company has acknowledged the reciept of resignation and you can tender final resignation as well.

 

YOu may show all docs on record to an able labor Law Cosultant for proper understanding and opinion.

 

 

 

 

 

 

 

 

 

 

Gagan Dhillon   04 December 2015

Dear Kumar I sent my resignation and asked them to advise me of my relieving date. They replied your resignation is acknowledged and they have to discuss with the seniors and till then I am not required to come to office. I wrote them that in case I do not get a reply in 24 hours I will consider your acknowledgedment as my relieving. They haven't communicated anything about my suspension or not acceptance of my resignation in writing. I asked them to give me everything in writing but they refused. My only question is I am the only person and 4 members of my family are dependent on me. If I don't work I will be ruined. I have an offer can I join another company Regards

Kumar Doab (FIN)     04 December 2015

If there is notice period applicable as per: .............

 

1. Enactments applicable to the establishment/employer/employee (as per designation and nature of duties and coverage of employee by enactments) then even if notice period is inserted in appointment letter, the provisions of enactments applicable shall prevail upon any private agreement/rule/policy etc drafted by employer and signed with employee e.g. appointment letter/offer letter/HR policy/Service Rules & Regulations/contract of employment etc...................

 

Thus you can cite reference and tender final resignation...........................quoting your previous communications.

 

 

2. As per appointment letter/offer letter/HR policy/Service Rules & Regulations/contract of employment etc..............then you can ask to adjust the notice pay in lieu of notice period and tender final resignation.........................quoting your previous communications.

 

 

Probbaly there are issues that you do not want to post in the thread initiated by you.

 

It is reiterated that..............................You may show all docs on record to an able labor Law Cosultant for proper understanding and opinion and guidance to defend your future interests.

 


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