Resignation & original certificate
Nitha
(Querist) 07 January 2015
This query is : Resolved
Dear Experts,
My friend resigned from the company within 2 months of joining. He has submitted his original certificate while joining. Now he has resigned from the company and serving 30 days notice as per the terms of appointment letter. He has sent mail to his reporting boss about resignation and also had many personal discussion with him.
After 15 days, his boss is telling that, he has not accepted the resignation and my friend has to serve till the company get replacement. Whether his boss can do so?
If they didnt relieve him after serving notice period, what remedies are available to him? If Employer holds back his original certificate and relieving letter and salary, what action he can take?
Please guide.
Kumar Doab
(Expert) 07 January 2015
1. Why did he submit his original certificates?
Did the company ask him to do so in writing?
Has the company issued any acknowledgment?
Does he have any proof of collection of certificate e.g.audio/visual recording or witness?
He should generate some proof and then demand his original certificates back in writing...... say within office hours of the same day.
HE can lodge police complaint if certificate are not returned.
Original certificate are property of employees and employer can have no lien on it and can not keep it as collateral.
2. Is it stated in appointment letter that he can not be relieved till company appoints his replacement?
Is the boss employer/owner/appointing authority?
The resignation and subsequent communications should be addressed to good offices of appointing authority........ and he may write that the boss is declining to relieve by the expiry of notice period and good offices should ensure that he is relived by expiry of notice period and acceptance of resignation,Fnf statement and fnf wages service certificate reliving letter Form 16 pf number with account slips salary slips is supplied within last date in office and affirm that NO tasks are pending at his end and ask to whom he should handover the charge.
4. As per Shops and Commercial Establishment Act and Standing Orders (model/certified) notice period applicable to establishment and him might be NIL....
He can approach Inspector under these Acts and under Payment of Wages Act
Dr J C Vashista
(Expert) 08 January 2015
Very well advised by expert Mr. Kumar Doab, I agree and appreciate. Nothing more to add.
Nitha
(Querist) 08 January 2015
Thank you all .
@ Kumar sir, yes he is having acknowledgment for the surrendering original certificate.
No such clause in agreement regarding the relieving after replacement.
But the employer s telling , as they have not accepted the resignation , he cannot be relieved after serving the notice period
Kindly advice
Is employer is having any right to reject the resignation without valid basic. They have not provided any training by the employer nor he s handling any important work.
Nitha
(Querist) 08 January 2015
Thank you all .
@ Kumar sir, yes he is having acknowledgment for the surrendering original certificate.
No such clause in agreement regarding the relieving after replacement.
But the employer s telling , as they have not accepted the resignation , he cannot be relieved after serving the notice period
Kindly advice
Is employer is having any right to reject the resignation without valid reason. They have not provided any trainingto my friend nor he s handling any important work.
Kumar Doab
(Expert) 08 January 2015
Telling and saying is verbal mode and is not on record.
Resignation can be without permission and notice.
The employee has ended the employer -employee relationship the moment employee has resigned.
You have worked for only 2 months and might be in probation period.
I feel that notice period applicable to you for these two reasons and as per two enactments mentioned in my first post should be NIL and condition of 30 days notice period inserted by employer in appointment letter issued to you shall be illegal and VOID.........still you have displayed the character by tendering notice period…….in the form of notice of resignation…..and employer should be thankful to you.
The purpose of notice period by employee is to enable the employer to complete the exit formalities and arrange replacement………………………………and if no one is available HOD/Manager/or employer himself should take charge………….
In your case these good for nothing arm chair managers are littering nuisance and stupidity….
The employer can ask the employee to serve the full notice period if there are ......................say unfinished tasks and employee is unwilling to indemnify the employer against any financial or other loss that employer may suffer.........
but can not extend beyond notice period that is indeed applicable either as per the enactments applicable to the establishment/employer/employee.....................and/or as per service conditions applicable to employee.......
You have already been advised to mention in your communications that NO tasks are pending at your end and to whom you should handover the charge within and upto last date in office i.e. dated..........
There is no such clause that employee can not be relieved till replacement is not found........your company is not a Defense force of a nation and are not defending borders of the nation and your employer or Manager is not President of a republic…………….and Republic of India is not a private fiefdom and is ruled by law of the land…
The date of retirement (by resignation in your case) chosen by employee can not be preponed or postponed by employer......
This employer is being guided by some good for nothing, consultants that believe that by extracting a statement from Employee using the words like ‘SURRENDRING CERTIFICATES’ an illegality can be converted into legality………..
There are threads at LCI in which employees have posted that even a ASI/Havldar/Munshi was enough to get the certificates returned in a day……………
Submit reminders subsequent to notice of resignation under proper acknowledgment.
Consult elders of the family, employee’s unions/Trade Union leaders and your lawyer and proceed further under their expert advice.
RECORD THE VERBAL CONVERSATIONS FOR USE AT APPROPRIATE TIME IN APPROPRIATE FORUM.
Nitha
(Querist) 08 January 2015
Thanks a lot Kumar Sir for your valuabe inputs
Dr J C Vashista
(Expert) 09 January 2015
Very well analysed, explained and advised by expert Mr. Kumar Doab, I appreciate and agree.
No room left.
T. Kalaiselvan, Advocate
(Expert) 12 January 2015
Yes,an elaborate explanation and proper piece of advise and suggestion given by expert Mr.Kumar Doab.
