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A (Engineer)     22 September 2012

Resignation acceptance negative remark

Hello experts,

I work in a private ltd. software company having about 3000 employees and have worked here for more than 1.5 years. I am a permanent employee here. Recently they asked me to resign giving performance reasons. I gave my resignation in email with the below wording:

"I have to state that I intend to resign from the employment for better prospects and hence I hereby tender the 90 day notice as required under clause 'xyz' of the terms and conditions of appointment letter dated 'xyz'.                                                  

I request you to kindly accept my resignation and relieve me from the employment w.e.f. 19-12-2012."

The manager has replied back via email in this way:

"I accept your resignation. As you have been on Performance Improvement Plan (PIP) and as communicated to you that your performance during the PIP period has not been satisfactory, we will be relieving you on 28th Sept.

Hi (HR Personnel name),

Please take his resignation forward."

 

The negative remarks on the resignation acceptance letter are disturbing. Further, he has not agreed on the date of the last working day.

I hope that such remarks will not be there in the relieving letter. Given these comments, can I withdraw my resignation?



Learning

 12 Replies

Kumar Doab (FIN)     22 September 2012

You can.

Company can terminate you. Adamant and recalcitrant line management, HR, senior management is known to do so.

You may approach a competent and experienced labor consultant/service lawyer as ap and show all of your documents and give inputs in person and proceed undwer expert advice. You may request your counsel to refer to the Model Standing orders also. The action of your boss may be in violation of standing orders.

As per the news item in the attachment the exemptions from labor laws, granted to IT companies has been withdrawn. However the old habits die hard.

Industry veteran TV Mohandas Pai, a former member of Infosys' leadership team was instrumental in getting the earlier exemption.

"Originally, the exemption was secured to stop harassment from the labour department and the inspector raj."

However the exemptions were misused to exploit and harass the ill informed, hapless employees.

The law mandates companies to "define with sufficient precision the conditions of employment" and make these conditions known to employees by posting them "on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment". Moreover, these so-called "standing orders" must be approved by labour unions or staff representatives.

Companies never wanted it and mislead the govt. to grant exemption. Now this exemption has been withdrawn. You may confirm it from dept of labor of your state.

It is time that employees organize and be member of trade unions and now let these so called leaders lead properly and demonstrate that they are leaders.  

In the past years there has been high growth in IT/ITES/Software industry, and in number of institutions imparting IT degrees. Simply said the institutions have been churning out qualified students like factories, leading to easy availability of manpower.

Exemption granted to IT companies from Industrial Employment Standing Orders Act, made it easy for employers to hire and fire.

 

Resignation should ideally be addressed to appointing authority. By submitting your resignation to your immediate boss you have awarded nuisance value to him and he has started to litter the nuisance either on his own or under instructions or in consultation with some like minded HR personnel at junior or senior level or your company encourages it.

 

Verbal Challenge, PIP {Performance Improvement Plan} has become part of the policy of many of the MNC’s, Joint Venture with MNC’s. A company which has PIP in place should circulate or keep PIP details in the knowledge domain of the employee. PIP is aimed at looking into the reasons why an employee is not able to deliver performance vis a vis targets set out by the company for the employee and help the employee to enhance the performance. The line management, HR, training and development cell in the company should arrange specific and tailor made programme to train and develop the employees included in PIP.

You may take the printout of PIP policy, keep it in your file and study it.

The companies now flaunt PIP as punitive tool and tile for employees selected for separation. The employees put in PIP are being subjected to humiliation and highlighted as a piece of demonstration to other employees and push them to deliver performance demanded by company.

IN simple terms PIP has become a symbol for punishment. If line management, HR, training and development cell is able employees in PIP shall deliver. On the contrary majority of the employees in PIP are asked to leave by resignation as posted by you also.

This demonstrates that line management, HR, training and development cell is unable to lead, train and develop and hence not worthy to lead.

 

You may first decide that what exactly you want to achieve?

You want to separate or you want to agitate or you want to turn the situation in your favor so that you exit without any adverse comment on record and are employable in future or you want your resignation to be accepted after 19th Dec,2012.

You could have written in your notice of resignation that you are submitting it as you have been ordered and forced to do so by Mr/Ms……..designation……….dept…..address…..on dated……..and you were threatened if you do not succumb to the wishes of the representatives of the company a termination of service order shall be issued with adverse comments on record and you shall be no more employable in future. In concurrence to the wishes of Mr/Ms and hence company you are submitting your resignation.

You can submit a carefully structured communication now also concluding that the email resignation was extracted from you by force in office by…………and the torment has not ended and foul comments are being posted setting out the plot of destruction of your future……………

You can ask what is this PIP and how can it entitle the company to accept your resignation before your last day in office as mentioned in your notice?

You can withdraw your resignation, anytime before the date mentioned by you.

 

Another view point is that termination is initiated by you and you have set your last day in office and if the company discharges you before the effective date of your resignation, you can term it illegal and proceed against the company. Company should be thankful if you accept the wages/notice pay for the period from 28th Sept to 19th Dec.

 You may fine tune your strategy as suitable to you.   


Attached File : 710878599 exemption from labor laws withdrawan by karnataka.doc, 710878599 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc downloaded: 189 times
1 Like

A (Engineer)     24 September 2012

Mr. Doab,

Thanks a lot for your comments. The words 'adamant and recalcitrant' you have used are perfect to describe the kind of management I am seeing in this company and I couldn't agree more with you. Unfortunately, termination carries a negative impression in this country, and a future employer would view this negatively. This is not so in countries like US and truthfully there is no logical reason why it should be viewed as negative. After all, employers are no angels themselves. Though I am a fighter, court cases can take years to complete and I resigned to avoid problems during my future job search.

My resignation was addressed and sent to the appointing authority(HR Head) with manager and HR in CC. However, it was the manager who responded to it. Further, the lower level HR was really angry that I had sent the mail to that person.

Regarding the withdrawal, can you confirm if the resignation can be withdrawn after its acceptance? I had consulted a lawyer but he was of the opinion that the resignation cannot be withdrawn after acceptance.

The standing orders document which you had attached pertains only to Karnataka. I am in maharashtra, is it applicable here too?

I have consulted a few lawyers but the problem is that different lawyers have different opinions on the same issue so you really dont know whom to follow. As per the offer letter, disputes are in the jurisdiction of Bombay courts.

Thanks again.

Kumar Doab (FIN)     24 September 2012

Resignation can be withdrawn before it is accepted.

Termination of contract of employment is initiated by you and you have set your last day in office and if the company discharges you before the effective date of your resignation, you can term it illegal and proceed against the company.

You have posted mature and wise comments. Employee should remain amiable, should not lower guard and subdue and must never become a sitting duck.

You mat take the printout of email with non sense comments of this boss and submit a letter to MD, CEO, Chairman, and Company Secretary, and reiterate that your effective date of resignation is 19.12.2012.You can raise a demand to let you know in writing who has passed the date of acceptance of resignation as 28th Sept, as written to you by this daffar-your boss. Your boss is not an authorized official of the company to accept your resignation or reject your resignation or set a date of acceptance of your resignation until or until authorized by board of the company. You may demand to call back the comments of this boss in writing.

You can ask this boss to reply in writing on whose command he has set a date of acceptance of your resignation. This daffar may issue a written reply. You shall only benefit from him and loose nothing now.

You may apply your skills and ensure that your resignation is not accepted before 19.12.2012, and you are paid salary on pay day as usual, and as paid to all other employees. In the interim you may firm up your next venture.

 

Don’t get cajoled by junior HR verbal statements. The junior HR is just reading the scriptt already decided. In corporate world it is taught that employees in sales, frontline have to live by their word and HR has right to change its mind and its statement and HR does it and practice it.

Otherwise do you feel that your boss has communicated a date of acceptance of your resignation on his own?

Therefore submit your representation writing and meet your appointing authority in person, reiterate that your last day in office shall be 19.12.2012, and later submit minutes of discussion.28th Sept is only a few days away.

Or has the company already accepted your resignation?

Employees from a very big vote bank which no political party scouting for votes can ignore.

Citizens and employees in Karnataka agitated and have succeeded. Now in Karnataka employees may unite.

You may confirm from Dept. of labor, Maharashtra for status of exemption. You can activate the trade unions, by providing them copy of counterpart Karnataka.

Majority of IT employees are on Face book, Tweeter, and blogs. Circulate and educate them to unite.

Why can’t employees in Maharashtra be member of trade unions, form IC’s. Guild etc.

Union in Maharashtra is quite strong and active.

If you wish to avail services of LCI lawyer you can conduct lawyer search at;

https://www.lawyersclubindia.com/lawyers_search/

 e.g.

 

jagadish paranjape

 

darshana sawant

 

You have posted that “As per the offer letter, disputes are in the jurisdiction of Bombay courts.” This is a standard statement written in appointment letters. Employee can agitate at his location.

Software companies are under the preview of SE Act. You can approach ALC at your location. Other employees has posted similar query as posted by you.

One employee has succeeded under SE Act and termination order was called back and reinstatement was ordered by ALC. It has not taken years. You may go thru it at:

 

 

Discussion > Labour & Service Law > Employment > Suit claiming damages and criminal case

 

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp

 

As per enclosed publication:

 

"In a judgment that may have far reaching consequences, the Supreme Court has ruled that

Fired then hired employees entitled to salary of lay-off period, rules apex court

 


Attached File : 924808192 sc judgement hindustan times (chandigarh)(2012-09-16) page5.pdf downloaded: 138 times
1 Like

A (Engineer)     26 September 2012

Mr. Doab,

Manager's reply was also CC'd to HR Head, Middle level HR, manager's manager and also another person in HR. The middle level HR has also responded in a similar way(with CC to same people) . The HR head has not given the response yet.

Kumar Doab (FIN)     26 September 2012

You may submit a representation good offices of your appointing authority, MD, CEO, Chairman, and Company Secretary, and citing reference of your notice of resignation as per clause number...........of appointment letter dated........

{ enclose/attach copy} and  reiterate that your effective date of resignation/last day in office is 19.12.2012.

You may fine tune your representation as per situation and as suitable to you.

The written record shall come handy at appropriate time and in appropaite forum.

A (Engineer)     27 September 2012

Mr. Doab,

The company provides its formal acceptance of resignation letter(This is also the relieving letter.)  only on the last working day.

I am thinking that I should avoid any confrontation with them right now and cooperate since I need to get my dues from them. Also they may unnecessarily drag this on and finally terminate which will not be beneficial to me.

Is there the possibility of taking action after being relieved from duty?

Kumar Doab (FIN)     27 September 2012

You have posted that:

“The company provides its formal acceptance of resignation letter (This is also the relieving letter.)  only on the last working day.”

What is your last working day? As per notice of resignation submitted by you or as per your manager’s email?

It shall be appropriate to submit a gentle representation to good offices {may not be very elaborate} mentioning notice of resignation and reiterating last working day. The record shall come handy at appropriate time.

Assume that the last working day is as per your notice.

Many companies block salary during entire period of notice period, and disburse payouts vide FNF statement/settlement, which may again be say one month or 45 days as per employer’s internal policy. What is practice in your company?

Many companies block FNF settlement of employees put in PIP and employee may have to agitate in such a situation.

Assume that last working day is as per your manager’s email. You can agitate, however you may avoid signing the FNF statement, and may let the company transfer the FNF amounts in your bank a/c or send cheque. You may tactfully collect service certificate, FNF statement, PF number, NOC/NDC. You may agitate later terming acceptance of resignation as illegal or accept notice pay period up to last working day as per your notice.

You may proceed as deemed fit.

Spread awarenss and activate like minded employees to unite.

A (Engineer)     27 September 2012

Mr Doab,

Thanks for your timely response again. The company has set my last working day as per the manager's mail - 28th sept (tomorrow). Only after completing all the formalities, including surrendering of ID card, filling up exit related forms in the online SAP will I get the experience certificate and relieving letter. In this company, the practice is to send the final settlement to the bank account 3 weeks after the last working day and also send the final settlement statement through email at around the same time.

You have suggested sending an email to the good offices reiterating my last working day. Would you suggest sending it before or after getting the experience certificate and relieving letter? If I send it before, it could jeopardise my chances of getting these documents.

 

Kumar Doab (FIN)     27 September 2012

Email alone is not suggested. You can represent by email, letter, fax, telagramme however take care to submit under acknowledgment. It might be one copy {original} at the reception where all mail/dak of the company is received under original seal and signature, and one copy by redg. post. The idea is to register your protest and to seek relief from good offices. If you submit a communication before hand it adds force to your protest and claim.Companies have to have functional and effective Grievance Redressal System for all employees and to have committee and select Chairman from employees and employer on rotational basis and complete the proceeding in 30 days { ID Act sec 9C} .

If you do it later your stand can be you were coerced and forced within premises of company’s office. However onus of proving the same shall be on you. You can arrange some evidence may be some fellow employee in similar situation or you can try and record the transaction {audio/visual, preferably visual. Mobile and memory card comes handy}.Ensure that you speak out your grudges{ gentle} and let the other party refuse justice to you and coerce and force you. Or you can just claim that you had no other option and company relieved/discharged you violating terms of appointment letter.

A competent and experienced service lawyer/labor consultant can guide you properly after looking into your record. You may succeed in getting catching these offenders in the company by their nose.

 

1 Like

A (Engineer)     29 September 2012

Mr. Doab,

Thanks for your response again. I would like to further consult you through PM.

Kumar Doab (FIN)     30 September 2012

The junior HR's  is reading from scriptt.

Company has kept your boss as an escape route as company may have its internal policy that your boss shall wet the exit date for his reportees. This may not cut the ice with everyone. This policy of company can not supercede law of the land or legal rights of an employee.

However in case you are able to beat the company, your boss may be pushed ahead  by his bosses as a sacrificial goat.

Your boss is also paying the price of his being in the employment.

The decison of the company has percolated down from the top.

Remain amiable. Do not block channels of communication.

Dealing with employer has become game of chess.To win the game you must know the in's and out's.

From all you have posted it is felt that you have the merits.

Kumar Doab (FIN)     02 October 2012

Keep Posted.


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