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Shan (design engineer)     28 September 2013

To get relieving date


I work for small organisation with only ceo as my reporting manager.and few employees with no hr department.

My manager went onsite and told me to take pay less leaves for approximately 3 months till he come back. I agreed as i was the only employee in office and others had gone to client location. .and i resigned when he is onsite giving personal reason and now he is telling me he is not giving me confirmed relieving date.

He is asking me what are your future plans? If you leave the job its loss to the company.I am ready to pay 2 months CTC even though he has not paid my last 2 months salary.


as per offer letter i have to serve 2 months notice or pay CTC.also I am eligible for anual bonus, which he is denying to pay.
I dont require money,I just require relieving letter.

He is not replying anything.Just delaying .

Please suggest solutions.



Learning

 3 Replies

M.S.R.Murty ( Manager (Admn))     28 September 2013

Dear sir,

You yourself confess that you are working in small organisation which relay more on verbal terms.  And  Offer letter is different from Appointment Order. If you got such Appointment Order from the Company, you can proceed accordging  to its terms of employment.  However you are advised to correspond in written mode with your CEO for releaving letter.  

Shan (design engineer)     28 September 2013

But I want relieving letter to join a new company in future

Kumar Doab (FIN)     28 September 2013

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Such matters are best resolved by applying goodwill, rapport, exceptional levels of persuasion, persistence, negotiation, reasoning, flexibility, adaptive skills……………..

You have posted that;

 

------“I work for small organisation with only ceo as my reporting manager.and few employees with no hr department.

 

It does not mean that employee should get exploited.

 

 

 

Has this establishment registered under Shops and Commercial establishments Act of the state?

 

Does Payment of Wages Act, Standing Orders apply to it?

 

It should have displayed the registration certificate at a conspicuous place/near entrance/on notice board.

 

In this enactment in many of the states there is provision for issuance of appointment letter.

 

Appointment letter should be issued for upfront, transparent terms of appointment.

 

Even if appointment letter is not issued there are formats prescribed under this enactment which employer has to maintain.

 

If appointment letter is not issued there should be no notice period applicable to you as per agreed bilateral terms and conditions of appointment.

 

Under this enactment notice period is max. 1 month.

 

{The Inspector/Labor Commissioner may opine that notice period of more than 1 month is void.

Another employee has posted that Labor Commissioner opined notice period of  more than 1 month  may be termed void……….

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkaBX9KAqWN }

 

 

You may maintain since the owner/CEO left he kept the office closed and ordered to remain at home.

 

--------“My manager went onsite and told me to take pay less leaves for approximately 3 months till he come back.

 

Why should an employee be ignorant to this extent?

Did you apply for such leave in writing? Was it sanctioned?

 

Approach your lawyer and understand the merits and possibilities to raise and succeed in dispute for salary since the CEO left and closed the office and/or ordered to remain at home……………….If the office is closed why should employee apply for leave without wages.

 

---------“He is asking me what are your future plans? If you leave the job its loss to the company.

 

What is the loss? Has it been proved and quantified?

 

The employee has been coerced/forced/mislead to write down leave application without wages……………………….and office was closed.

 

How can there be a loss?

 

--------“I am eligible for anual bonus, which he is denying to pay.

 

If it is statutory bonus it should be paid by 30th Nov to avoid penalty/punishment…………………..

 

If it is not paid stake a claim for it and approach o/o Labor Commissioner if not paid.

 

 

First of all discuss the matter amongst elders in the family, competent and experienced well wishers, lawyer/law firm, trade union leaders and decide what exactly you want and on which terms of employer you can agree.

 

Try, negotiate and resolve.

 

 

You may find many other thread as relevant e.g:

 

https://www.lawyersclubindia.com/forum/Absconding-from-bpo-89455.asp#.UkaNU9KAqWM

 

 

 

If you are not able to resolve the matter then you may approach your lawyer/lawful authorities. 


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