Resignation without service notice period
balaji
(Querist) 09 May 2016
This query is : Resolved
In an appointment letter ,
1.Your employment is terminate either side, by giving one month notice. In the event of your resignation , the company may at its discretion , relieve you prior to completion of stipulated notice period , without any pay.
2.No paid leaves shall be applicable during probation period . Salary for leave period will be deducted during this period. Paid leaves of 21 days per annum shall be eligible after 240 working days.
3.Appointed as a Finance manager. In the event of company absorbing you as manager , your probation period will be six months , subject to satisfactory performance , you will be provided with a confirmatory letter.
Point no. 1 Resignation after 66 days . Without giving notice period . Salary is pending for 20 days with employer.
Point no. 2 Resignation given as employer is not providing salary payment as decided ( deducted for 2 days in the first month itself) , which was intimated to the employer. Also holding voucher payments. Also, employer was not providing the software training which is required for performing to Do the Job even after consistent reminders.
Point no. 3 Resignation , without serving a notice period. Mobile sim provided by the company, courier to the company after resignation and intimated .
Point no. 4 After providing the resignation there is no reply from the employer during the notice period for resignation nor any call recd. Only employer is mailing payslips for the two months to the employee during notice period.
Question 1. Can employee has to serve a one month notice? or employer can ask him to pay balance 10 days notice pay.(30-20 already serve before resignation)
Question 2 . After providing the resignation, no reply from the employer, regarding any job pending nor for any handover of work, can any action lateron can be taken by employer in future .
Kumar Doab
(Expert) 09 May 2016
The query is not properly drafted so as to convey a clear message.
If employer can 'relieve you prior to completion of stipulated notice period , without any pay.' as posted by you then employee also decline notice pay.The T&C in contract of employment should be equitable.
If you have tendered notice of resignation then continue to attend office and mark attendance and perform routine duties.
If you have resigned with immediate effect and employer want to settle the a/c employee can prepare and send FnF statement and ask employer to verify it and include all payables by employee to employer and by employer to employee....
While initiating such threads querist/employee should post full facts e.g;
What is this establishment; Commercial/Industrial?
What is its line of business?
What was your designation and nature of duties as in appointment letter and in practice?
Are you under probation period or confirmed?
Does standing orders (Model/standing) apply to establishment and your designation and do you have the copy?
You were located in which state?
The Redg.,reporting,HO was in which state?
What was last drawn salary?
Are you a member of employee's/trade unions?
Does the company have an office at your future/present location?
Rajendra K Goyal
(Expert) 09 May 2016
Author please reply the questions from the expert for further advice in the matter.
