Resignation from the Job
Akash
(Querist) 15 July 2015
This query is : Resolved
Hi,
I resigned from my company without serving the notice period which was of 45 days. I gave the resignation in writing and while doing this the manager asked me to write the last day of working as per the notice period on the resignation letter which I did. I have a letter signed by my manager however it doesn't have the stamp of the company and was also not written on the letter head of the company. So, will the resignation be considered? However, I also wrote an e-mail from my personal e-mail ID and sent it to the manager's official e-mail ID and he replied that company doesn't accept the resignation on e-mail and now I got to know that he has initiated the JA against me. Is there a way through which I can get the relieving letter from the company? Also, advise if I can buy out the notice period without serving it and without getting absconded?
Akash
Akash
(Querist) 15 July 2015
In the e-mail that I sent, I mentioned the day of resignation as the last day of working with the company.
Kumar Doab
(Expert) 15 July 2015
You have posted that:
---"I gave the resignation in writing and while doing this the manager asked me to write the last day of working as per the notice period on the resignation letter which I did."
and
"In the e-mail that I sent, I mentioned the day of resignation as the last day of working with the company."
Both are conflicting.
Have you submitted resignation on paper and by email on the same date?
---"the manager asked me to write the last day of working as per the notice period on the resignation letter which I did"
Did you mention after writing the date on paper that your manager forced you to write the date of expiry of notice as 45 days from date of resignation while you wanted to tender notice period of .............days?
---"However, I also wrote an e-mail from my personal e-mail ID and sent it to the manager's official e-mail ID and he replied that company doesn't accept the resignation on e-mail"
Did you mention that the resignation on paper has already been extracted from you with notice as 45 days from date of resignation by force, and hence you have submitted resignation by email with notice period of ...............days, as corrected one?
Did you submit resignation on paper after email?
----" and now I got to know that he has initiated the JA against me. "
What is this JA?
Don't write short forms?
How do you know about it?
Has any memo/show cause notice been supplied to you?
Hold on writing for some time to your company and respond to above?
The notice period/pay/rate etc is part of service conditions and enactments applicable to the establishment/employer/employe shall govern the service conditions and not any private agreement/contract/rule/policy drafted by employer and signed with employee e.g. appointment letter/contract of employment/HR policy/Exit Policy/FnF policy/Service Rules and regulations etc...........................
What is this establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many maximum persons are employed in it at any point of time, before and after your resignations?
Is the person designated as Manager has been authorized to sign acceptance of resignation, initiate JA by Board resolution?
Did you record the forced extraction of notice period (audio/visual/minuted/witnessed)? Do you have any evidence of it?
The Redg Office, Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
How many persons were reporting to you?
Did you have power to sanction leave/increment/appoint/terminate?
You have worked for how many months?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
Is it stated in appointment letter that notice pay in lieu of notice period can be tendered?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?
Did you mention NO tasks are pending at your end and to whom you should handover the charge?
Are you a member of any employee’s/Trade Unions?
Have you consulted a lawyer and what is your lawyer's opinion?
Rajendra K Goyal
(Expert) 16 July 2015
Author need to reply the questions from the expert Kumar Doab.
Akash
(Querist) 16 July 2015
I didn't resign on paper and on e-mail on the same date. At first, I resigned on paper and next day, on e-mail.
Akash
(Querist) 16 July 2015
Manager asked me to mention the last date of working on paper resignation which I had not mentioned when I wrote the resignation. I was willing to buy out the notice period in full.
Akash
(Querist) 16 July 2015
In E-mail resignation, I mentioned the last day of working as the date on which I gave the written resignation.
Akash
(Querist) 16 July 2015
JA is Job Abandonment which means they are trying to show me as absconded. I have yet not received any letter from them confirming the JA. However, I was told by one of the colleagues in the company who looks for the joining and separation formalities and so, I am just preparing myself for the above mentioned situation.
Akash
(Querist) 16 July 2015
I included the new line in the letter to mention the last date which was in different handwriting as the one in which the resignation was written. Resignation was written by My Friend however the line was included by me and so there is a difference in the handwriting. Also the resignation was written with black ink however the line that I wrote, I used the blue ink which looks completely different. Will it be of any help?
Akash
(Querist) 16 July 2015
Company is a BPO Organisation. Registered office is in Delhi and the one I worked in, is in Noida. No one was reporting to me. My job was to audit the work of the other employees. I didn't have power to sanction leave/increment/terminate/appoint. Yes, I have the appointment letter, payslips, PF number and the HR policy, leave policy, exit policy, conduct and discipline rules and Service rules in the appointment letter. It also mentions that I can buy the notice period but states that If there is some requirement, company might not let me to buy the notice period. I am not the part of any trade/employee's union. I have not consulted any lawyer about it.
Akash
(Querist) 16 July 2015
Sorry for writing it into so many parts.
