Anadi Chakraborty 27 September 2016

Not accepting resignation letter

Hi,

I joined a company on 13th June 2016. During nterview the working hours that was told to me was 9 am to 6:30 pm and I agreed and join the company. But it was not true and I am forced to work till 7:30 to 8 pm every day. Even if I work non-stop throught the day and try to finish the job by 6:30 I am given the new assignment and they force me to stay in company. Being a female candidate it is not possible for me to stay in Office so late because i have resposibilities for my family too.so I decided to resign the job.

As per my appointment letter I had to give a notice period of 1 month though if company decides to terminate me they will give only three days notice period.

So I resinged on 23rd August giving them a month notice period. As a result they did not pay my salary of August and I was told that I will get all the amount after 24th September after my separation.

Meanwhile on 15th September I was called by my HR and I was told that if I don't withdraw my resignation they will not pay anything and also advised me to continue the job. So I had to withdraw my resignation on 22nd September else I missed almost two month's salary. Even after withdrawing the resignation letter they did not pay anything till today.

Now I have decided that I will leave my job after getting the salary and I will not give any notice to them. So my question is if they can take any action against me if I leave suddenly without any notice.

Regards,

Anadi.

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5 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 27 September 2016

It seems you are still on probation period.

Re-read your appointment letter and company pollicy and then tender your resignation.

Anyways this experrience will not make any differentce on your resume and it will question's your stability.

Always send hard Copy/Soft-copy to HR while resigning and take acceptance sign on letter.

P. Venu (Advocate) 27 September 2016

The company is unfair in their dealings. Resign from the company following the due procedure. In the given facts, three days Notice should be should be sufficient. You may take legal steps for getting arrears of salary and other benefits, if any.

Kumar Doab (FIN) 27 September 2016

You have grossly erred, as in case of majority of the employee's.

The employee's that are not properly informed,not united are prone to exploitation by unfair and illegal practices.

It is almost sure that you have not recorded anything ( audio/visual/witnessed/minuted).

Notice Period; of 30days may not be neccessarily be applicable in your case.

You may confirm:

Whats is this establishment; Commercial,Industrial?

What is its line of business?

What is your designation and nature of duties?

Since how long you have been working and located in which state?

Do standing orders apply and certified and applicable to yourt desigantion?

You are confirmed or under probation?

Has the notice period been inserted in appointment letter or corrigendum or subsequent communications and accepted by you?

Whats is rate of notice pay mentioned by employer e.g.; @ Basic/Gross/CTC?

What rate it applies if it initiates termiantion?

Did the HR person convey his/her demand to you in writing?

Did the establsihment supply salary slips?

Are you a member of employee's/trade unions?

Do you have any evidence of demand of extra hours/tasks assigned at closing hours? Download the evidence and also the time attendance.

Has the work hours been mentioned in appointment letter?

You may submit gentle communication, under proper acknowledgment of course,

Ms.Usha Kapoor (CEO) 28 September 2016

You quit the job and file a case in labor court for recovery of your dues after giving employer just 3 days notice.If you appreciate this answer please click the thank you button on this forum.