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theinkfruit (AM)     17 October 2012

Termination after resignation

HI all


Can an employee working in a PSU be terminated after resigning during probation?, The resignation was accepted and the acceptance letter from the organisation stated that the resignation is accepted and that the relieving would be provided subject to payment of the bond amount on or before a specific date.
 But the letter was recieved only  two days after the date specified. and before anyother communication was made from the employee side the employer sends another letter stating that the employee is terminated.


How can a employee be terminated after the acceptance of resignation letter by the organistion and just becos the bond amount was not paid within the specified date without any notice before?



Learning

 9 Replies

Advocate Rohit (Advocate)     17 October 2012

employee need to approach the employer and explain him/her about these facts ad ask for withdrawl of termination. but the question is the employee willingto pay the bond money or not????? if not then the employee has to send a legal notice through an Advocate against the said termination letter.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

1 Like

Kumar Doab (FIN)     17 October 2012

What is mentioned in termination order as reason of termination?

You may submit a gentle representation under proper acknowledgment addressed to the good offices of your Appointing Authority, MD, Company Secretary, Company Employee which  has signed the termination order with a copy to Head-HR narrating the facts and conclude that company has issued the acceptance of resignation and how come company has issued a termination order after acceptance of resignation and demand to call the order of termination back in writing under the original seal and signature of Appointing Authority and supply it by redg. post, so as to reach you say within next …7 days. You may mention that postage prepaid {as purchased from PO} self addressed envelope is enclosed with your letter to dispatch the reply by redg. post to you.

It is felt that company might have issued termination order hurriedly realizing that bond money is to be extracted from you, and company may negotiate on this part. However the action of the company can be termed as bad. ou may also request the good offices to allow you to examine your personnel file maintained at HO of the company and seek appointment say on a date in next 3 days or ask the good offices to give a date in another next 3 days or any other date mutually convenient to both in next 10 days. You may issue reminders under proper acknowledgment.

Has the company provided any training to you adding to skill or qualification?

What was the ground of bond?

You may find the attachments useful.

Have you handed over the company property and charge under proper acknowledgment.

 

You may request the good offices to supply you the service certificate, FNF statement showing computation and disbursement of all payables, payment of FNF dues by bank DD only, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms { if submitted by you or acknowledgment issued by PF office in original} etc. by redg. post only, so as to reach you in say next ..7 days.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office. Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. The bond may be in violation of standing orders.

Designation alone does not decide employee is a workman or not. Employee can also approach trade union.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges {say Rs.10/}. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

If the company do not yield to your representation, it shall be  appropriate to approach  a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.

 

 

 


Attached File : 814435475 417759075 validity of employment bonds.pdf, 814435475 background paper.pdf downloaded: 139 times
1 Like

theinkfruit (AM)     18 October 2012

Sir the sequence of events are as below:

1. Due to personal problems I wanted leave so I intimated via letter  immediately to the higher officials and requested for one month leave without pay explaining my situation.

2. They did not reply until ten days passed by and then I received a letter blindly stating I was am on unauthorised absence without any intimation whatsoever. When I substantiated my request with proof they told me this letter was sent since my leave was not granted by the competent authority and so is called unauthorised absence.

3.. They told me that they will not grant me leave as I was on probation and had no leave to my credit. They called to report within a specific date failing which discplinary action will be taken on me.

4. Since my situation was not good to report immediately, I had decided to tender resignation and did the same since I was forced to do that.

5. Then they replied stating the authorities have decided to accept my resignation despite me being on unauthorised absence subject to me  paying  the bond money befor the specified date-10th. but this letter was posted jus one day before(9th) the specified date and hence reached me only two days(12th) after the specified date.

6. Before even before I could reply this letter within the next 3 dys I received another letter stating that my services stand terminated since I failed to pay the amount within the specified date.


I am completely baffled and clueless. the bond says if during porbation anybody who decided to leave will have to pay entire salary with training and medical expenses to the company.This is a PSU. Though I have signed this bond I now have another doubt if the entire salary has to be paid back without setting ny minimum amount then where is the renumeration for working there? the training expenses can be collected completely but how can the whole pay too be collected? also though we were on probation we were put to work directly after just 2 weeks of trainin while joining.


Kindly clarify sir. As mentioned by you I have submitted a gentle representation.

 

Advocate Rohit (Advocate)     18 October 2012

kindly show them prrof of your geniuine difficulty such as medical certificte from the dctor if you were medically unfit to attend the enquiry.

 

also show them the date of receipt of the letter which was the main reason why you could not reply to their letter.

 

I am sure they would hear your story and would ive you a chance to reply their letter.

 

But you need approach a lwyer who would defend you against the demand letter alongwith your appointment letter copy and the copy of the service bond alongwith the communications exechanged between you and your ex-employer.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Kumar Doab (FIN)     18 October 2012

You could have given complete details in your first post itself.

You were on unapproved leave.

However you have submitted leave application and specific reason for seeking leave and your leave application has been acknowledged.

What is your designation? Are you selected as a trainee under standing orders, or as apprentice under Apprenticeship Act?   

You have posted that” also though we were on probation we were put to work directly after just 2 weeks of trainin while joining.”

This may go in your favor.

 

Do you have record to establish it?

You may go thru the enclosed judgment.

 

How many employees like you were recruited as trainee and then put to work directly? What is the total headcount in company and what is the percentage of such trainees in the head count?

All employees may join hands.

You have posted that;

----“1. Due to personal problems I wanted leave so I intimated via letter  immediately to the higher officials and requested for one month leave without pay explaining my situation.

2. They did not reply until ten days passed by and then I received a letter blindly stating I was am on unauthorised absence without any intimation whatsoever.”

Here you cited some letters and replies in writing.

Later you have stated that “They Told” implying these transactions are verbal, and not on record. You should have placed these representations and replies on record in writing, under acknowledgment.

----“ 5. Then they replied stating the authorities have decided to accept my resignation despite me being on unauthorised absence subject to me  paying  the bond money befor the specified date-10th.”

This may become an imp. document, on record for you.

You may approach a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents including job advertisement, offer letter, joining report, appointment letter, standing orders/training scheme of the company and policy{ these may be on intranet, employee portal, HR page}, bond, your communications to company and replies, and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

Let your lawyer structure your further communications to the company to suit you in the long run.

The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.

 

 

theinkfruit (AM)     18 October 2012

Sir thank you for your reply. We were recruited as assistant manager. all communications were though letters so I have the hard copy of all. Thank you. I dont even mind paying the bond amount I just want to be properly releived so that it doesnt affect my career as an engineer. Thank you.

Kumar Doab (FIN)     18 October 2012

Termination order has already been issued and supplied to you, until it is called back, it shall continue to hound you in future.

Therefore if you negotiate you should negotiate properly. To negotiate you should have some handle on the company.

You should not lower your guard. Submit gentle representation in writing under acknowledgment, covering all points and tilt the record in your favor.

You should get relieved with all documents and relieving letter with good comments

{Avoid without comments}.

You have posted that” also though we were on probation we were put to work directly after just 2 weeks of trainin while joining.”

This may go in your favor, and you may succeed in avoiding payment of bond amount and/or you may agree to pay on pro rata basis. The termination order is issued to subdue and extort the amount.  

theinkfruit (AM)     19 October 2012

Yes sir the fact that the termination order has been received is what is worrying and scaring me a lot.

As per my appointment order, it says

The corp. reserves the rights to terminate your service, if found unsuitable at any time during probation without any notice or assigning any reason thereof.

I tendered my resignation and I received a letter from the org. with wordings as follws

" the corp has decided to accept your resignation subject to payment of the bon amount' and finally specifying the date on or before 10th"

I received the letter only 2 days later.
 before I could communicate that i received it late I received another letter with wordings as follows

Since the payment was not received within the specified date my services stand terminated form 11th however I owe  the amount.


Sir I have tendered resignation and they agree to accpt my resignation  it subject to payment within the spec date, But their letter was posted late and for no fault of mine,they terminate my services which will affect my carrer in the long run.  my doubt is after submitting resgination and they accepting it with subjectivity can I still be terminated as per "The corp. reserves the rights to terminate your service, if found unsuitable at any time during probation without any notice or assigning any reason thereof." tat too for reason tat i did not pay the bond amount within the spec date?

Please help me out by clarifying this sir.

Advocate Rohit (Advocate)     20 October 2012

you need to ask a lawyer to draft a letter for you smartly otherwise the situation may get worse.

 

Regards,

Advocate Rohit Dalmia

Mumbai

9324538481


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