Resignation request in a mnc - plz help..
Rahul77
(Querist) 09 September 2015
This query is : Resolved
Respected Seniors,
I need a help from all of you regarding resignation from a company. There is a notice period of 3 months to get release from a company where I work. But at the same time it has an option to get release immediately if an employee pay his 3 months basic pay. I have resigned from my post on 26th Aug on a short notice period till 15th sep. I also said that i am ready to pay 3 months basic pay. but they are not releasing me. How can i take action against it and get release from the company.
the reason for release that i put forward are as follows:-
1st: My father is getting weak day by day due to the operations he had in past few years (leg operation, stone operation , spondalysis, ) and because of the age.
2nd: My fathers eye operation is pending and need to be done as soon as possible.
3rd: My mother is a psyciatrist patient and is not able look after my father and home's regular activites without my fathers involvement.
4th: My father is telling me to come back to my home town. as they need my support.
5th: I work in kolkata its 7 Hrs far from my hometown, I cant help them niether financially as i get very low salary nor physically in there day to day work.
6th: I got a job in my hometown through some reference which i need to join by 16th sept. if i dont join there by 16th sept then i may have to lose the same. if i dont do that job then there is hardly any second option for me as it is a small town and there are no such big companies..
even after having several session with my manager and hr, they are not releasing me .
Please let me know what are the legal steps that i can take against it. as per labour law, industrial dispute act , human right act or any other act.
Anirudh
(Expert) 09 September 2015
You have to speak to the new company people whether they will take you without a release letter from your old company. If they will do so, then you need not bother whether the old company relieves you or not.
Come back with the information.
Kumar Doab
(Expert) 09 September 2015
You need to safeguard your interest on all counts.
Has the new employer indicated or mentioned in writing that you shall need to produce say NOC/service certificate/relieving letter from current employer? Or that if you do not submit within ………………………days your service can be terminated? Or that, if BGV is negative, your service can be terminated?
Relieving letter signifies that there is nothing due against employee! Relieving is privately coined terms by employers! Service Certificate has to be issued to all employees. Copy of appointment letter, notice of resignation/resignation and proof of its dispatch, FnF statement, Form16, PF a/c slips,ESIC card, Salary slips of all months, etc can very well be as good as Relieving letter/Service certificate.
BGV/reference check is only to confirm employment details mentioned in employment application!
Falsification of any record by employer is offence!
Have you mentioned notice period in notice of resignation and affirmed that CORRECT NOTICE PAY FOR CORRECT NOTICE PERIOD applicable to you BE ADJSUTED IN FnF statement? You may narrate the reasons as posted by you in it or in subsequent written communication under proper acknowledgment, with a copy to you.
Did reporting manager and HR personnel mention that the clause of notice pay in lieu of notice period has been changed and has been kept on say some portal?
Has the company inserted in appointment letter that service conditions shall be governed by say……………………………Service Rules and Regulations/HR policy/Employee handbook……………………….and do you have the copy of latest version?
Download the latest copy ASAP.
Has the reporting manager and HR personnel issued any direct/indirect threat to you?
>>> First thing first: Write to next employer (under proper acknowledgment) that you have informed during interview that notice period in your current employment is 90 days or you have to tender notice pay in lieu of it as per appointment letter issued to you………………………….and you will try to get relieved by 15th Sept as 16th Sept is given as joining date, to you.
(Hope if any employment form is given to you, then you have filled notice period as 90days in it and have retained a copy and have submitted the form under proper acknowledgment).
Then you may add that latest development is that you have submitted notice of resignation dated……………………….with notice period upto 15th Sept (copy attached) and have offered to tender notice pay in lieu of notice period however your reporting manager and HR personnel are unwilling to accept and may not issue acknowledgment/acceptance of resignation, service certificate, relieving letter , salary slips of all months, FnF statement, payment of FnF wages by bank DD only, Form16, PF number and a/c slips,ESIC card etc…………………….and it may even issue adverse comments n BGV…………………………and that company should confirm to you in writing that it shall absorb you on the strength of copy of notice of resignation/final resignation only and agree that until above mentioned documents are supplied to you, you can supply it to them (name of next employer), and you shall not be terminated in any case for the want of these documents or negative feedback b y the company!
You should also try so that notice period is bought by next employer without any conditions and paid to you on first day of joining. If notice period is bought then you may ensure that notice pay is adjusted by current employer in FnF statement and double taxation is avoided.
Now if the next employer is unwilling to issue a written statement then you may either withdraw notice of resignation and protect the employment in hand OR take a risk and leave the current employment and be at mercy of next employer. You may survive by your own skills or with the help of your resources in employee’s/trade unions/lawyer/community leaders etc…………………If you have buit written record it can be of help to you.
Verbal communications are not on record until these are recorded (audio/visual/minuted/witnessed).
>>> You may write to reporting manager and HR personnel (under proper acknowledgment of course and with a copy to you) that you have tendered notice of resignation dated…………….and submitted to Mr/Ms………………designation……………address on dated……………………….with notice period upto 15th Sept (copy attached) and have offered to tender notice pay in lieu of notice period as per appointment letter dated……………………issued to you……………………..and have represented to Mr/Ms……………( reporting manager and HR personnel ) on dated……………………(mention all dates)…………………….. and requested to make necessary arrangements for proper handover if any required by you, within and upto dated……………………….15th Sept………………and that NO tasks are pending at your end……………(download proof) …………………..and have requested that routine duties be assigned that can be completed on day to day basis within and upto dated……………………….15th Sept. You may conclude that you have always adhered to companies policies and have been appreciated by your superiors (download all appreciations/awards/rewards/incentives) etc……………………..and no memo was ever issued to you……………………and have displayed character again by tendering ………………..days notice of resignation and have not tendered resignation with immediate effect……………………..and that condition laid by Mr/Ms……………..that notice pay in lieu of notice period shall not be accepted is violative of clause number………………….in appointment letter issued to you vide which both employer/employee can offer notice pay in lieu of notice period…………………………………………..and that you have urgent and pressing circumstances that you have already explained.
You may add that they should hence confirm to you in writing (within next say 3 days) that necessary arrangements shall be made to relieve you with honors on LWD as per expiry of notice period tendered by you and acknowledgment and acceptance of resignation, service certificate, relieving letter (with good comments and avoid without /or with adverse comments), correct FnF statement showing computation of earned wages/allowances/bonus/reimbursements/incentives etc , payment of FnF wages by bank DD only, Form16 as per correct FnF statement, PF number and a/c slips,ESIC card, salary slips of all months etc……………………………..shall be provided you within and upto 15th Sept.
>>> If the reporting manager and HR personnel do not change their stand you may escalate to good offices of appointing authority,MD,Chairman (under proper acknowledgment of course) and mention the last meeting/minutes with reporting manager and HR personnel also and conclude that good offices should intervene and advise one and all to provide you the above mentioned dues/documents within 15th Sept.
Issue reminders, in writing under proper acknowledgment…………………………and mention that from the close of office hours on dated……………………..you shall not be available in town and can not come back for any formality…………………………and all communication be supplied by Redg. Post only at your permanent address by Redg. Post only.
Do not forget to submit final resignation.
>>> If the good offices also do not provide relief, you can approach:
Employee’s unions/Trade Unions leaders
Labor Law Consultant/Service Matters lawyer/Law Firm
And thru them preferably;
Inspector appointed under (name of the state) Shops and Commercials Establishments Act,
Inspector appointed under Payment of Wages Act
O/O Labor Commissioner
Highest Officials of Dept. of labor
RPFC
ESIC
ITO-TDS, CIT-TDS
And your counsels may opine that you can lodge complaint u/s 406,420 ,file winding up petition, file civil suit for recovery etc
>>> The notice period of 90 days may not be necessarily applicable to you, even if it is inserted in appointment letter!
What is this establishment; Commercial, Industrial?
What is its line of business; IT,Banking, machines etc?
Does it have an office at Kolkota?
The Redg. Office is located in which state?
How many persons are employed in it?
What is your designation and nature of duties?
Rajendra K Goyal
(Expert) 09 September 2015
Well advised by the expert Kumar Doab.
