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Rajesh Raman   05 November 2016

Need guidance for the same

Dear  all,

My name is Rajesh. I worked for a  company for 1 year and 8 months and since i got an offer in a reputed MNC. I dropped my papers, but then I had plans of revoking since my date of joining was delayed unforseenly. It is today that i got a call from the MNC stating i'll have to join next week. Following are the questions I have.

1. my previous company refused to recall my resignation letter to join and is adamant in providing an acknowledgement for resignation. I have proofs for all of them as these conversations were carried out via mail with my manager who also happens to be the HR manager too.

2. Company has already garnished my last month pay owing to the fact that i didn't serve the notice period which is fine but I'm being falsely accused and threatened by my boss stating that I've spoken ill about the company and necessary actions will be taken for the same which is not in paper. However please note that I've already returned my company's mobile phone and laptop and my official mail id blocked. I don't understand as to on what basis i'm I being threatened?

Request you to kindly help me out in the same.

Thanks and best regards
Rajesh



Learning

 6 Replies

Kumar Doab (FIN)     05 November 2016

Download and print if possible all conversations, acknowledgment of resignation/POD with copy, submission of company's property, delay of joining date, stopage of salary, etc etc....................

 

Kumar Doab (FIN)     05 November 2016

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?

Rajesh Raman   05 November 2016

Dear Mr. Kumar,
 
I've messaged the same directly to you.
 
Thanks and regards
Sumethash

Kumar Doab (FIN)     05 November 2016

 

You may go thru:

The Industrial Employment (Standing Orders) Act, 1946. (Central Act w.e.f. 23-04-46)

https://labour.kar.nic.in/labour/industrial-1946.htm

 

Rajesh Raman   05 November 2016

Thank you so much Mr. Kumar.

Kumar Doab (FIN)     05 November 2016

Have you signed any agreement/clause that your notice pay can be adjusted against salary/payables?

 

Did you record the threatening calls? What was the threat made to you?

 

An employee can withdraw resignation before expiry of notice period, acceptance.

 

The employee can lodge a complaint the momment payment of earned wages is delayed even if a by a day and employer can be penalized.

 

You have posted that:

 

"What was your monthly salary with break up? 

GROSS 18000 PM WILL DIRECTLY MESSAGE THE SAME TO YOU"

 

You can lodge complaint with Inspector appointed under Payment of Wages Act. This Act does not discriminate between workman and Non workman.

 

 

 


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