Want to get relieved immediately

While posting such queries employee should always post basic information;



What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?



What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..



Can anyone change/cancel your recommendations?



How many persons report to you?



You are in which state?

Your service is under probation or confirmed?



For how many months you have been working?



What is the notice period tendered by you?



What is the notice period as per appointment letter?

Has your resignation been accepted? Did you get reply?



Have you been getting salary slips?



What was your monthly salary with break up?


Are you a member of employee's/trade unions?
Have you consulted a very able counsel specializing in Labor/Service matters?

If yes what is his opinion?

Dear Sir,

I have already mentioned the answers of some of your questions in the first post itself. However I shall write it down point to point so that you can help me out.

What is this establishment; Commercial, Industrial? 
No Idea, They are into manufacturing of machineries. US based company. Indian registered office is in Mumbai.
What is its line of business?
Already Mentioned
How many persons are employed in it?
In India more than 500 employees
Does standing order apply in your case; Model/Standing?

Don't know what is Model or Standing Order

What is your designation and nature of duties?
Related to Sales and Product Management
Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

Nothing as such

Can anyone change/cancel your recommendations?

I don't know

How many persons report to you?

None whatsoever

You are in which state?
Kolkata, West Bengal
Your service is under probation or confirmed?

Probation

For how many months you have been working?

Only 1 Month

What is the notice period tendered by you?

Notice period is not given yet, planning to give on 07th November and want to buy out notice pay immediately if it's possible as per the appointment letter

What is the notice period as per appointment letter?
1 Month
Has your resignation been accepted? Did you get reply?

Not resigned yet

Have you been getting salary slips?

Only 1st Month completed, received salary, but not the salary slip yet

What was your monthly salary with break up?

Salary was around 70K out of which 24k is the basic, rest are different allowances
Are you a member of employee's/trade unions? 

No
Have you consulted a very able counsel specializing in Labor/Service matters?
No
If yes what is his opinion?

Does company have an office at  West Bengal?

Your div/office; Sales/Product Mangement/ office in  West Bengal might be registered/covered by Shops & Estbs Act.

You might also be covered by the def. of 'Employee' as in the Act.

If yes then the enactment Shops & Estbs Act that was enacted to govern the service conditions of employees in establishments covered by the Act  shall prevail upon T&C inserted in any private agreement/rule/policy drafted by employer and signed with employee e.g; appointment letter,HR policy,servie rules etc etc.....

 

The notice period as per the Act for length of service of 30days shuld be NIL.

Look into West Bengal Shops & Estbs Act.

 

e.g; Bombay Shops & Estbs Act;Sec66..............

 

Moreover the Act lay down notice period for employer and not employee.

Even by Considering equitable discretions; The notice period as per the Act for length of service of 30days shuld be NIL.

 

You might also be covered by the def. of  'Workman' as in ID Act.

ID Act does not lay down liability of notice period on employee/workman.

The model standing orders;Sec13; during probation period notice period is NIL.

 

 

 

Clause on Probation: Employer has made explicit mention of right to terminate without assigning reason. Contract of employment should promote equitable discretion.

 

Clause on Notice Period: Employer has made explicit mention of notice period and  pay @ basic for employee without explicit mention of probation period.

Read with clause on probation Period it may get termed as after probation period.

 

Neverthless; tender some reasonable notice say;7days.............................and make a mention of ( reason; death) clauses and ask to acknowledge the notice of resignation, supply acceptance of notice and resignation, correct FnF statement ( computing everything e.g; wages, notice pay recovery etc), FnF wages, service certificate, relieving letter (with good comments), Form16, NOC/NDC, handover of charge, PF number and a/s slip etc .........on LWD.

 

Also mention to whom you should handover the charge within LWD under proepr acknowledgment on the spot.

 Also mention that NO tassk are pending at your end and routine duties be assigned that can be completed on day to day basis within and upto LWD.

Apply your skills and get relieved.

 

In case of issues NOW or later approach a very able counsel specializing in Labor/Service matters and unions.
 

 

 

Dear Sir,

Thank you very much for your valuable comments. Actually the reason is Death. And a death of someone which lead me to such a condition that I will no longer be able to concentrate on work. So I was thinking if I give a notice of 2 days. I mean on 07th I will put down my papers and on 08th evening I want to get relieved.

There are some company belongings that I have like laptop, mobile, dongle etc. Please also let me know if they deny my resignation what should I do or if they do not want to take the company belongings, what should I do then. Please guide me how should I properly handover the company belongings. After going through the appointment letter I didn't understand why there was no clause of payment in lieu of. Should I mention in the draft that I'm ready to pay one month's basic salary as per the appointment letter?

And last but not the least if they do not accept my resignation or if they do not relieve me what else to be done from my side because I also would like to have all proper documents with me for any future reference.

The suggestion of draft of your representation has been made.

Let them supply you FnF statement and claim as per it.

 

In case of issues NOW or later approach a very able counsel specializing in Labor/Service matters and unions.
 

Rest is upto you.

Thank you very much.

I'll update and seek your help on 07th if I face any trouble.

In case you are apprehending any issues, that you have not disclosed in the thread, keep your counsel and unions by your side before you tender resignation, and consult them, in person, before you resign..

 

 

Dear sir, No, there is nothing that I am hiding. But I have a question, is it possible or legal for the employer to ask me a death proof say death certificate to validate my claim and accept my resignation if I resign stating reason death.

Resignation can be without permission or notice.

The employee hasseparated the employer-employee relationship the moment employee hasresigned.

However it is always better to tender some notice for handover of charge/assets/tasks etc and exit formalities.

Employer by its own choice may ask you to send copy.

Rest is upto you.

 

Keep your counsel and unions by your side before you tender resignation, and consult them, in person, before you resign..