Cutting short the notice period

Dear Suryansh,

You first need to provide the appointment letter copy because the terms and conditions of your appointment letter needs to be checked and then only proper advice could be provided to you.

You may call on 09324538481 for legal assistance.

Regards,

Advocate Rohit Dalmia

Mumbai

Mr. Dalmia has given valuable advice.Kindly follow it.

You have posted that:

--"Now according to my offer letter I can be relieved before 3 months of notice period if I have no pending assignments or I can pay equivalent salary, on the discretion of management."

What are the terms expressed if employer wants to terminate the contract? If employer can terminate the contract, without assigning any reason, and by tendering notice pay this should apply to employee also.

The liability at the most can be compensating by paying notice pay. As there are no pending assignments employer should not lodge any claim that due to pending assignments some loss was caused.

However you may narrate this in your notice of resignation or subsequent reminders.

--“ Now, my resignation has been validated by HR, approved by my immediate manager but my Unit Head is not approving it.”

The validation by Unit Head is internal policy of the company. The unit head may have a nuisance value and may sit on FNF settlement, release of service certificate/relieving letter, FNF statement, payment of FNF dues, Form 16, NOC/NDC, etc.

 If possible you may obtain the copy of validation by HR, immediate manager.

You should address your notice of resignation/reminders/final resignation to appointing authority and mention effective date of resignation/last day in office. You may seek guidelines to whom you should handover the charge/company property. If no reply is received you may handover to immediate manager under proper acknowledgment.

--“ They even transferred me but still no work or project was given. After 1 year of lull period’

You could express and narrate this as a reason for separation. Indirectly this is rendering the employer as unworthy of being employed with, as the employee is left to rust and there is no opportunity to learn or gain experience/expertise.

--” In no way I can delay my joining at new employer's for more than a month.”

If your services are not confirmed in writing and if you are still under probation the 3 months notice period may be unreasonable. If you are designated a trainee there is no notice period.

You may refer to SE act applicable to your state, and look for notice applicable.

e.g Delhi SE Act:

30.  NOTICE OF DISMISSAL.

Thanks a lot for your help Mr. Doab.

My Unit Head is reluctant to pay any heed to my request of relieving earlier.

1) In case my new employer is ready to put me onboard without a relieving letter from my existing employer, what documents and proofs(such as mails n confirmations) can support my case that I made a clean exit from my side.

2) I have wriiten resignation letter, approvals and other mails, will that suffice to prove me that I made all necessary efforts to go by the policy and exit?

3) I have a system generated message to prove that I have no pending dues. Is it sufficient to prove the same to the new employer?

4) What implications will it have on me if I choose to join new employer without a relieving letter? Can they hold back my PF or any such thing?

1.Copy of final resignation, POD,FNF statement, last pay slip etc.

2.Yes.

3.Yes.

4.i Company may claim notice pay for shortfall in notice period. You may request to adjust in FNF statement and affirm to pay as per payables if any as per correct FNF statement. Company shall have to compute wages, incentives, performance pay, bonus, paid/privileged leave etc in FNF statement and adjust notice pay in FNF statement.

ii NO.

PF and Gratuity are covered under Social Security Laws.

--PF is immune from any attachment.

Can the amount standing to the credit of any member in the Fund be assigned, charged or attached?: The amount standing to the credit of a member in the Fund cannot be assigned, charged or attached under any decree or order of any Court. Similarly, the amount standing to the credit of a member in the Fund at the time of his death is free from any debt or other liability incurred by the member before his death and cannot be attached under any decree or order of any Court. {Section 10}

You may write to appointing authority with a copy to Head-HR to supply you attested copies of PF withdrawal/transfer forms as suitable to you and you shall submit these on your own to o/o PF Commissioner.

Or you may submit the forms under proper acknowledgment to company and obtain confirmation even if by email that forms are received by company. Company should submit the forms to PF office within 5 days and is duty bound to supply the acknowledgment issued by PF office to employee. You may demand this acknowledgment by redg. post only and may even supply self addressed postage prepaid envelope with PF forms.

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.

Service certificate government version of relieving letter without any column and scope for adverse comments should be issued. You may address all communications to good offices. You may highlight in a manner as suitable to you that this Unit Head is threatening to block your relieving letter although nothing is due at your end and thus shift the onus of supplying relieving letter on good offices, and make them intervene and provide relief.

If nothing works and this unit head and good offices and hence  company becomes adamant and recalcitrant you may approach a competent and experienced service lawyer/labor consultant. Your lawyer may prefer to issue a legal notice and this may fetch you relief.  If this also does not move the offending company you may pull them to court of law and make them supply you your dues i.e. payment s ands documents.

I had been offered a post for audit consultants on contract basis for one year period by the security company. I joined the company on 27/11/2011 and resigned on 28/6/2012 with immediate effect due to some unavoidable circumtances. My resignation letter was received from the HR. I resigned due to non-sanctioned on credit leaves for just 2 days while the balance leaves were available 12 days. I worked almost 7 months. There is an internal policy for entilement of leaves to the employees @ 1.75 days credit leaves per month those passing 6 months in the company. I submitted my Leave application 2 days in advance, but not sanctioned by the management and it  was verbaly told to me if you go for vacation then your services may not be required by the company then I immediately resigned to protect myself and left the company. Now my FNF settlement has been made as follows:

1. My monthly salary was 28000/- released to 6030/- as FNF for 27 days of June , 20 12 after deductions.

2. 15 days salary for Rs.14000/- deducted as short period notice.

3. Rs.2650/- deducted for uniform blazer while its actual cost is 1300/-.

4. TDS for Rs.2520/- as being a consultant providing bill for services rendered.

5. Leave entitlement after passing six months not allowed on FNF settlement.

May I take help from the labour court to claim the deductions were made on FNF settlement. Please advice.