Want to release in proper way within notice period.
Subhasan De
(Querist) 15 April 2015
This query is : Resolved
I have a problem with the resignation process in my current org. I have submit my resignation on 24th March, 2015 and request to release as early as possible. The letter also received and acknowledged by my IS. Since then, after discussing the matter with my IS and also with HR dept. till today 15th April, 2015, their answer are I have to stay the 3 months notice period. In my joining letter it is written " After confirmation, termination of employment by either party will be by giving three months notice in writing to the other or salary in lieu thereof. In the event of your giving notice of termination shorter than the above period, the company shall have its own discretion to adjust any leave due to you or recover you such amount from your due towards the shortfall in the notice period." According to that I have request them to adjust my all leave(89days PL) or prepare to submit salary of unserved notice period. But they does not agree. Now I have to released by 18th April, 2015 due to the joining to the next. Kindly suggest me what to do, because the Reliving letter and experienced certificate is valuable to me for future.
Kumar Doab
(Expert) 15 April 2015
1. It is felt that you have not consulted elders in the family, competent and experienced well wishers, employee’s/Trade Unions leaders, President of ‘Works Committee’ constituted as per ID Act/GRC in the company, your Labor Law Consultant/Service Matters lawyer/Law firm before initiating separation by resignation………………………
It is strange that:::::You have to join next employer by 18th April and you have stated in notice of resignation/resignation whatever is written by you, without tendering a specific period of notice/LWD.
You should have communicated properly with Current and Next employer so that there was NO liability or onus on you.
2. You might have not submitted minutes of discussion with your Line Managers/HR and you may not be apt at drafting in manner that suits your interest and build favorable written record, under proper acknowledgment. You must have stated that no tasks are pending at your end…………….and you are serving notice period since dated………….24th March.
3. You have a helplessness too i.e. Experience Certificate, Relieving letter! Your current employer may not provide it. Although employee is entitled to get acknowledgment of notice, acceptance of notice/resignation, original and correct FnF statement showing computation of notice pay/bonus/leave encashment/earned wages/incentives/OT/reimbursements etc……, Form16 as per correct FnF statement, salary slip of all months, service certificate, relieving letter, PF number with a/c slips of each year,ESIC card,NOC/NDC etc…….and all of these documents can be as good as Experience Certificate, Relieving letter!
4. You should negotiate with next employer preferably in writing (under proper POD and acknowledgment )and obtain concurrence that you can be allowed to join on the strength of copy of notice/resignation and at the most, its POD………………….and you can not submit Experience Certificate, Relieving letter until or unless it is supplied to you by current employer……..You must have stated full 90 days notice period in employment application and hence joining time as 90 days………………….and negotiated so that next employer should buy your notice period without any conditions and should pay it at once on joining. If you are obliging the next employer within time set by it /ASAP then it should also support you.
Your current and next employer might be having 30 days joining time for incoming employees and 90 days exit time for outgoing employees.
5. The language/extract from appointment letter posted by you hints that it is not mandatory to serve notice period and company can adjust notice pay from leave encashment/FnF statement…………………….Thus company may do so and supply you the FnF statement for verification and acceptance.
Other view is that this statement is as drafted by company and inserted in appointment letter crafted by it…………………………and you had to sign on the dotted line.
6. Moreover it is yet to be seen if 90 days notice period is indeed applicable to you!
You may reply pointwise to each point:
a. Do you have copy of resignation? Did you get acknowledgment and acceptance of resignation?
Was any offer letter and appointment letter issued to you? Did you sign and accepted it?
b. Are you a member of Employee’s/Trade Unions
Does your company have any GRC (grievance redressal committee) and ‘Works committee’?
c. What is your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?
d. What is your salary: Basic,DA.
e. What is line of business of company e.g.: IT/banking?
f. Your reporting office was located in which state?
Regd. Office of the company is located in which state?
How many people are employed in the company?
Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?
The company is registered as: Commercial or Industrial establishment?
For how many months (exact) you have worked with this company?
You may reply pointwise to each point!
It may be possible to revert to your query.
Subhasan De
(Querist) 15 April 2015
Thank you Sir, for your suggestion.
As per 4 no point, I have done this thing with my next org. and they are allowing me to join with the resignation acceptance letter from my IS but I have to give a tentative date of submitting of release letter and experience certificate and they are also agree to buy my notice period.
Now as per your query:
a)yes I have the copy of resignation which is accept by my IS and his PA give me the received copy.
b) No I am not and there is no union or committee in our office.
c) I am a Executive providing the service on heavy earth moving machinery and leading a team at site, but I have no power to give all these things. Only leave recommendation I can do for my team member.
d)Since it is a open forum I can't give the exact figure of salary but it is near about 6Lpa.
e)Current org is a MNC Corporate company and I am from construction and mining machinery div.
f) reporting office West Bengal
Regd. office at Karnataka.
Aprox 75 nos of employee work in our reporting office.
I have no knowledge about CSO in our org.
I am working from Sept,2011.
Another thing I would like to mentioned that my next org will be an Automotive OEM org.
Subhasan De
(Querist) 17 April 2015
Sir,
Kindly suggest.
Kumar Doab
(Expert) 18 April 2015
Visit a Labor Law Consultant/service matters lawyer/Law firm dealing in Labor law and your counsel may opine that you shall be covered by the def. of 'workman' as in ID Act.
If your resignation has been accepted as posted by you, then your counsel may opine that the employer has to initiate/complete the exit formalities and provide you all docs as already explained.
It is reiterated that the employee can't provide the service certificate/relieving letter until it is supplied by the employer hence you should clarify and settle with next employer accordingly without giving any deadline in writing.
The next employer might also be behaving with its employees like your current employer and is fully aware of the practices and can absorb you based on the documents that you have.
If you are unable to handle the matter on your own approach your seasoned counsel.
T. Kalaiselvan, Advocate
(Expert) 24 April 2015
You have been advised to consult a service law practicing lawyer in your local and on the basis of his advise, you may proceed.
