Company not relieving employee

 

1.     Notice period is not just dependant on T&C inserted in any private contract that employer has signed with employee e.g. contract of employment, appointment letter!

 

The employee should tender some reasonable notice, affirm that no tasks are pending at his/her end and offer to handover the charge in writing under proper acknowledgment and thus build favorable record in writing.

 

Resignation should be addressed to good offices in writing preferably by letter thru redg. post.

 

2. Did you mention notice period of 45 days in writing in notice of resignation tendered by you and did you mention that correct notice pay be adjusted in FnF statement and it be supplied to you for verification and acceptance by you,and do you have copy of notice and acknowledgment issued by company?

Has the notice of resignation been accepted?

 

You may go thru many threads that you may find relevant and download the judgments too:

 

https://www.lawyersclubindia.com/forum/Dispute-on-resignation-acceptance-106751.asp#.U-Hax-OSwb8

 

 https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA

 

https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM

https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM

https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM

 

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM

 

 https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM

 

https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM

 

 

2.Has the acceptance of notice of resignation been declined in writing or do you have any evidence (audio/visual)?

Narrate in writing under proper acknowledgment by letter addressed to good offices of appointing authority, MD etc that on dated…………………Mr/Ms…………..accepted the notice of resignation dated……………….tendered by you with notice period of …………….days………in line with clause number……………..in appointment letter dated………………..issued to you, and which must have forwarded  to good offices of appointing authority, MD etc and no tasks are pending at your end and to whom you should handover the charge under acknowledgment on the spot, and on dated………………….and dated…………………….Mr/Ms……………………..were approached by you to initiate exit/handover formalities however nothing has been initiated despite repeated reorientations by you and on the contrary you have been told that”You ( i.e Mr……………) shall be declared absconder and relieving letter shall not be issued to you.

{{{ Absconder is a derogatory word}}}

 

2.     Disruption to perform the duties if any including handover of charge/exit formalities be informed to good offices at once.

3.     You can mention the joining time offered to incoming employees and notice period/exit time for outgoing employees and that it is heavily inclined towards employer and detrimental to the interest of employee.

5.     You are once again erring by accepting the less joining time from next employer than notice period and should have stated existing notice period in employment application hence joining time required by you

6.     Ask the next employer to buy your notice period without any conditions and pay it on the day you join, and that you be absorbed without acceptance of resignation/relieving letter as current employer is unwilling to issue it and it is due to less joining time granted by future employer.

7.     Defend your interest in the best possible manner.

8. All representations should preferably be structured/drafted by your Labor consultant/service lawyer.

It is in your interest to meet your lawyer with all docs on record AS AP.

9. The Line Manager/HR personnel may turn zealous and vindictive and may attempt to harm your interest.

Hence you should weigh all pros and cons before hand and proceed as deemed fit at your end.

10 Your lawyer may opine to request good offices to allow you to examine your service card and personnel file and notes and notings inserted in it.   

 

 

You have all right to what you expect. Company may not give relieving letter but cannot force you to work without strong reasonable grounds. You can file a case before conciliation officer under ID act. Then they will give you all.

You have all right to what you expect. Company may not give relieving letter but cannot force you to work without strong reasonable grounds. You can file a case before conciliation officer under ID act. Then they will give you all.

@Kumar Doab. I verbally informed my manager and HR team followed by written mail. They replied to me that we have an agreement of 3 months notice period and asked me to abide by it and my last working day would be decided by them which is end day of 3 months.

There are two people in my team doing the same tasks and I am required to give transition to the other person. I have managed the whole thing alone in the past and we do not have much work to do right now. But my manager is insisting that the other team member cannot be burdened with extra work and they will not relieve me before 3 months until they find out my replacement.

 

 

The day/date of retirement from company ( by notice of resignation in your case) shall be decided by the employee that has initiated the separation/termination by resignation notice.

The Manager or HR personnel or even employer have no intervention or say in it.

The service conditions inserted in appointment letter drafted by employer are binding on employer too and you may cite the corresponding clause from appointment letter.

It is not the responsibility of departing employee to arrange for or wait for the replacement.

The charge is taken by HOD.

What is this establishment; Commercial, Industrial, Small enterprise? The registration certificate displayed by the company should clear it or you may have to find on your own.

How many employees are employed in it? Does the company have its certified standing orders (CSO) and if yes is your designation covered by CSO?

Do you have copy of HR policy/Service Rules and Regulations……………..etc, that are refereed to and mentioned in appointment letter?

What is your designation and nature of duties?

YOU are in which state, and office to which you are reporting/where you are posted is in which state?

Redg. office of the company is located in which state?

Has the company stated the jurisdiction of courts in appointment letter if yes it is in which state?

Are you member of employee’s unions, trade unions.

 

You may reply point wise to all points raised in this and previous post.

Or you may pick up relevant points from posts in this thread and other threads mentioned above…………

 

You should preferably approach a local Labor Consultant/Service lawyer in person, and proceed under expert advice of your lawyer.

@ kumar doab

14 aug is my last day at the prganization and i have written a mail to my supervisor about the handover and requested to relieve me from my services...

 

in reply he has written"

We have not yet relieved you from the service as you are yet to fulfill the transition requirements as per policy and your employment contract. Your behaviour during the transition period has been highly unprofessional and uncooperative  hence I will consider this as a termination. I will not be able to support your clearance. "

 

what does this mean and how will it impact me..

You have posted:

 

---in your first post: "They are not willing to complete my exit formalities. Can they legally do it."

NO.

You should have written affirming to handover the charge. If company does not reply citing any exit formality then it should imply there is no such formality.

 

---"We have not yet relieved you from the service as you are yet to fulfill the transition requirements as per policy and your employment contract. Your behaviour during the transition period has been highly unprofessional and uncooperative  hence I will consider this as a termination. "

 

A charge has been leveled on you that you should reply, clarify, and reject.

Termination has been threatened.

Your status has been recorded as' Not Relieved' ...........................implying your resignation is not accepted and you are still on rolls..................................or declared 'Absconding/abstaining/absenting' etc.

Don't waste time and approach your Labor Consultant/Service lawyer.

Enough has been discussed on the matter posted by you.

Now you need to act.