Confirmation in the services
V. D. Salunkhe
(Querist) 17 April 2016
This query is : Resolved
I have joined pharma company on 24.07.2015 in my appointment letter probation period is of 6 months. After 6 months probation period I have not been given confirmation letter by Company nor given letter for extension of probation in writing. Now I have given resignation letter on 22.03.2016 that the last day in the companyn is 21.04.2016 (1 month notice) but on 16.04.2016 my boss has told thru newly joined employee that today is your last day in Company. I have handed over my responsibilities to the new person also.
What legal action can be taken against my boss? During my tenure he has harrassed me lot. He has done the same thing with my subordinates alos who were permanent employees.
Kumar Doab
(Expert) 18 April 2016
What was your designation and nature of duties?
Do you have copy of notice of resignation, its POD and acknowledgment from company?
Was the LWD and handover of charge communicated to you in writing?
Did you confirm even if by phone call from your Boss that has he conveyed thru new joiner Mr/Ms................that you should handover the company property/assets and handover the charge?
Have you minuted in writing under proper acknowledgment that on dated...............Mr/Ms..............communicated to you, thru new joiner Mr/Ms................that you should handover the company property/assets and handover the charge?
Do you have signed acknowledgment from new joiner?
If nothing is communicated in writing, then you may submit work report that as per directions of boss on dated..........handed over the company property/assets and charge and remained at Head Quarter.
Narrate the development to Boss with a copy to appointing authority,MD. of course under proper acknowledgment and ask for directions and mention that you will remain at HQ.
If company communicated that your resignation has been accepted before expiry of notice period then it is upto you to accept notice pay in lieu of notice period or demand to let you complete notice period and earn salary or withdraw resignation before acceptance.
However you may show appointment letter, all rules/policies mentioned in it, notice of resignation etc to an able Labor Law Consultant and proceed further under expert advise of your counsel.
Rajendra K Goyal
(Expert) 18 April 2016
You have resigned and left the company. forget the past episode and move with the life in the hope of better future.
If not in a mood to agree, discuss with local lawyer.
Rajendra K Goyal
(Expert) 18 April 2016
You have resigned and left the company. forget the past episode and move with the life in the hope of better future.
If not in a mood to agree, discuss with local lawyer.
P. Venu
(Expert) 18 April 2016
The incident is too trivial to be called a grievance. It is imprudent to think of any legal action, leave alone taking revenge.
M V Gupta
(Expert) 19 April 2016
Forget about taking any action against ur Boss. ur action in leaving ur responsibilities on oral information received from the new incumbent without any written communication from ur Boss is to say the least a grave error. It shows that u left the service before expiry of the one month notice period served by you. If ur boss wants he may screw u up on the ground that u failed to serve the notice period and hence u have violated the terms appointment and may demand one month notice pay from u and withhold relieving letter. He may also contend that u have handed over company's properties/ documents to an unauthorized person and that many documents etc were missing.
Kumar Doab
(Expert) 19 April 2016
The author should built irrefutable written record.
Further posts upon reply by the author.
