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ena (finance)     31 July 2013

Resignation not accepted

Hi, I have resigned from my compnay and served 15 days of notice period, however my compnay have 2 months notice period.After i left the organisation my company sent me notice for terminating me as they are showing me absent from the company. Please let me know how can i be terminated when i have resignated , and also i m ready to pay salary in lieu of notice period subject to relieving letter. And what actions i can take against them?



Learning

 10 Replies

Kumar Doab (FIN)     31 July 2013

 

You have posted that:

 

---------“how can i be terminated when i have resignated ‘

 

Employee can be terminated even if employee has resigned. Company can claim resignation was not accepted.

If the employer-employee relationship can be ended by resignation it can also be ended by termination as well.

 

 

----------“I have resigned from my compnay and served 15 days of notice period”……………………………”company sent me notice for terminating me as they are showing me absent from the company”

 

If you have resigned after serving notice of resignation under proper acknowledgment, serviced notice period of 15 days on record and left after submitting final resignation under proper acknowledgment, you can claim that you have properly resigned and have not absented, abstained, absconded…………………

If the company has stated the reason of termination in termination order as ‘absence’ you may claim the charge leveled by company is false and order of termination should be called back.

 

---------“i m ready to pay salary in lieu of notice period subject to relieving letter

 

Is it stated in standing orders of the company, appointment letter/contract of employment, service rules etc that employee has tender notice of resignation or notice pay in lieu of notice?

 

Has the company adjusted notice pay in FNF statement/settlement?

 

What is this establishment: Industrial or Commercial?

 

You are in which state and HO/redg. office of the company is in which state?

 

Does Industrial Employment Standing Orders Act/Model Standing Orders apply to your establishment and has the standing orders been extended to your designation?

 

What is your designation and nature of duties?

 

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Industrial Employment Standing Orders/Model Standing Orders. The employee that falls within the definition which has been provided under the said enactments would be protected up to that extent.

 

In absence of coverage under enactments, the notice period would be dependant upon the advertisement calling for applications, letter of appointment, employment agreement the standing orders/service conditions……………………

 

You may approach a competent and experienced labor consultant/service lawyer with copies of all of your documents, spend quality time, give inputs, understand the merits, and proceed under expert advice of your lawyer.

 

 

ena (finance)     31 July 2013

I have  resigned via email but i dont have any acknowledgment from the company.and they are showing me absent and on basis of it they are terminating me.

I am working in bpo sector as associate in the company.

And also in my F&F they have not adjusted my notice period , demanding me the money and giving me the relieving mentioning my last date on which they terminated me.

If i go to court and file a case, it is in my favor or employer favor?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 July 2013

e-mail is resignation is not valid unless mail consist digital signature.

adv.raghavan (Advocate,9444674980)     31 July 2013

u have not mentioned about ur service rules, sending email resignations are not acceptable in most of the courts, it has to be in writing and  with proper acknowledgemnt., u are saying u have left but in your next para u r committing u are working in BPO, are you talking about the same company where u have put down your papers , or it is new company. if the service rules insists for a proper resignation letter u have to oblige..

ena (finance)     31 July 2013

I was in bpo sector in operations where i have put down my papers,and rules says as per appointment letter , either the company or you may terminate this agreement without cause by giving in writing to the other party, two month notice or in lieu thereof  a equal amount or pro -rated amount of salary which would have accured to you during the period or remaining period of notice.

now what can i do?

adv.raghavan (Advocate,9444674980)     31 July 2013

they have terminated you from service because u were on leave and ur resignation is not proper. did they sent you any legal notice in this regard. i think

ena (finance)     31 July 2013

yes they told that they are not accepting my resignation and also sent me termination notice and i have also replied to them from lawyer.

and on that basis they agrred to the settlement but  now they are not giving me proper date of leaving.

wat should i do now?

Kumar Doab (FIN)     31 July 2013

 

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

 

You are in which state and HO/redg. office of the company is in which state?

 

Have you received the termination order?

 

Has this company stated reason of termination as absence in termination order?

 

Did company supply any communication/notice/show cause notice……………..before declaring you absent and issuing order of termination?

 

 

What do you mean by “And also in my F&F they have not adjusted my notice period , demanding me the money”.

 

Has the company demanded notice pay for shortfall in notice (45 days) thru FNF statement even after issuing termination order?

 

Did you state in notice of resignation/final resignation that company may adjust notice pay in FNF statement/settlement for shortfall in notice period?

 

You have clauses of equitable discretion inserted in appointment letter issued to you.

 

You have to counter allegation of absence……………………………….

 

You may approach a competent and experienced labor consultant/service lawyer with copies of all of your documents, spend quality time, give inputs, understand the merits, and proceed under expert advice of your lawyer.

Let your lawyer structure and draft a representation addressed to good offices of appointing authority, MD, CEO etc and cal for calling back the order of termination in say………………..days.

 

Or the Legal notice by your lawyer may drill sense into the heads.

 

If you are not covered as ‘workman’ or ‘employee’ by the enactments already mentioned you may have to agitate in civil court…………………………..

Your lawyer can opine on the appropriate forum applicable to you.

 

Since you are facing a situation this post is attempt to support and facilitate you based on limited information shared by you.

 

 

The employees in the BPO industry due to rampant exploitation have been contemplating to unite and form groups, associations, guild, unions…………

One such is:

 

Centre for BPO Professionals (CBPOP)

If there is a trade union it shall be good for the employees.

 

There are employees who face opposite situation your industry……………..

https://www.lawyersclubindia.com/forum/Under-notice-period-company-released-me-23-days-prior-85396.asp#.Ufjm6tKAqWM

 

Therefore if the employees in your trade are united, the employees can have negotiated settlements and favorable service conditions……………..

 

Email is valid proof. Many companies including BPO claim to be a paperless office and transact everything by email………………….What is the status in your company on issuance of offer letter/appointment letter, leave application and its approval, appraisal, increment, promotion, alternation in notice period, Form 16, PF slips, salary slip, ………………….etc

 

If the company does not accept communications, representations, resignation, by email it should issue explicit communication…………………….by effective mode of communication………………..and keep such a rule or policy in its HR policy handbook, exit policy etc…………………

 

BPO are covered by Shops and Establishments Act of the state.

The Inspector under Shops and Establishments Act can be approached.

 

The Act and contact details of the Inspector might be available on the website of the Dept. of Labor of the state.

 e.g;

 Delhi Shops and Establsihments Act:

30. Notice of Dismissal:

(1) No employer shall dispense with the services of an employee

who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:

Provided that such notice shall not be necessary where the services of such employee are

dispensed with for misconduct, after giving him an opportunity to explain the charge or charges alleged against him in writing.

 

{In your case apparently employer has not given any opportunity on record to explain. If yes your lawyer may opine that you have a better footing.}

 

(b) Notice or wages in lieu thereof under section 30—When to be given?

A plain reading of section 30 of the Act would make it clear that whereas the notice of one month under sub-section (1) is for the benefit of the employee, the notice under sub- section (2) is for the benefit of the employer.

{ Higher notice than 1 month is in benefit for the employer ONLY.}

 

 

 

Kumar Doab (FIN)     31 July 2013

 

Proper date of reliving is expiry of notice tendered by you/ effective date of resignation given by you hence date of retirement chosen by you.

 

On the basis of the lawyer’s notice if the company has agreed for settlement then settlement terms are to be put forward clearly by you, since you have been wronged. The line managers/HR/company leveled false charge and issued wrongful termination order.

Include their name in the list of noticees and charge them by name…………………….

 

Seek your lawyer’s opinion if police complaint can be lodged.

There are publications/threads suggesting employees have approached trade unions, community leaders……………………………they know precise ways on how to drill sense into the heads………………………………..women police station…………………..influential acquintances…………………. etc……………..

 

Record all transactions; audio/visual.

 

Even if employee takes leave during notice period it does not mean these personnel which is another employee in the company would connive and get a termination letter issued……………………..and murder the future prospects/employability of the employee……………..

 

If these personnel have some problem let them write and extend the notice period by equivalent number of days citing the policies on record………………..

 

If the settlement does not get thru successfully you shall have your options to agitate before a lawful authority/ court of law.

In such a situation if these personnel are charged by name and made to appear before the authority in person…………………..it would be a loud…………………very loud and sound……………..very sound, sl*p on face.

 

You may choose you options wisely in consultation with your lawyer and proceed as deemed fit at your end.

 

 

BALAJI.P (SENIOR EXECUTIVE)     31 July 2013

Hi Sir,

          I am working in Accel frontline services bangalore as senior executive. I given Resign in the month of May 18-2013 and I worked upto June29-2013. Noone is come for My Place to take incharge. I send the Mail for Resingation. I taken 25 days leave in the Month of July'13 after Notice Period is finished. During these days Some Parts are Missing. They are informing me u have to solve the issues.Now Problem Without Intimation My June Month Salary is hold. They are Not relieving me until Person comes.  I am cleaned persons with Honest Work. I Joined this company in the Month of Dec'12 to till date I am working.

1. I am not get any resignation confirmation

2. Salary is hold

3. After Notice Period is finished. still i am not get NOC.

Still date I am working, Shall I Continue or I come-out from this organisation


Kindly advise

 


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