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rpredx (Engineer)     01 December 2014

Employer not releiving

Hi, myself 'RP', I'd resigned from my Job, with a notice period of 1 month. As per the company policy, the Notice period is of 90 Days, but there are options available by which you can use your pending/accumulated leaves to compensate the remaining days. But as per the policy, for my relieving both L1 & L2 approval is a must, although my L1 has approved my resignation, its my L2 who's creating the problem, he's adamant and wants me the serve the complete notice period, or else he won't approve my relieving. Kindly help/guide me, what legal options do i have (as per Indian labour law), so as to exercise my rights, and get the relieving as per my current (30 days) notice period. Any help/guidance is highly appreciated.


Learning

 2 Replies

Kumar Doab (FIN)     02 December 2014

Resignation can be without permission and notice.... By resignation the employee that has resigned has ended the employer -employee relationships. If employee has chosen to separate by resignation then effective date of resignation/last day in office/effective date of resignation shall be chosen by employee (not employer) and it can not be preponed or postponed by even employer leave apart any manager in L1 / L2 of hierarchy or HR.... If you have submitted resignation in some software tool even then resign by letter addressed to appointing authority/MD thru Redg.Post..... If there is option of notice pay in lieu if notice period stated in appointment letter /contact of employment/HR Policy-Service Rules and regulations mention of which is,made in appointment letter then you may affirm to adjust notice pay in lieu of notice period in FnF statement and supply it to you for verification and acceptance.. The employer has to encash the leave(annual/EL) in FnF statement and computer bonus, earned wages etc. Notice Period/pay is part of service conditions that are governed by various enactment e.g. standing orders( certifiedmodel), Shops and Commercial Establishment Act...... applicable to establishment and if you are an employee covered by the provisions of the enactments...then your notice period/pay may be NIL if you are in probation period.....or max. 30 days if you are confirmed and as per length of your service.... You.must download all policies of the company and evidence that no tasks are pending at your end....and request in writing that routine duties be assigned that can be completed on daily basis, within and upto last day/date in office....

T. Kalaiselvan, Advocate (Advocate)     06 December 2014

The approval by L1 and L2 on such issues are company's internal administration which cannot stop one from putting down the papers following the company rules in this regard.  There may be some personal issues to the approving authority with the employee, but he cannot stop the employee from resigning his job.  You may ignore that route and approach the top brass of the company directly through a registered post with AD venting out your reason for resignation and other details, you may follow the advise given by expert Mr. Kumar Doab above for further process.


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