>> Such matters are best resolved by applying goodwill, rapport and exceptional levels of persuasion, persistence, reasoning, negotiation skills.
These skills can be acquired and employee must have these.
>> You have posted that : “My organisation comes under the purview of Nasscom.”
Have you registered your profile with NSR?
Are you worried that your company may post adverse comments in your profile?
Is it not possible that you may press upon next employer to extend your offer period to join to 3 months 1 day?
You are anxious and your future employer is being allowed to gain what he wants: joining period for incoming employees as 1 month, while it may also be in practice of keep notice period of 3 months for outgoing employees.
>> Are you a member of many of the IT/ITeS employees unions? Some of them have done good job.
Are you aware of such unions?
Are you a member of many of Trade Unions?
If yes your union can come to your rescue.
Such matters are best handled thru unions and ‘Works Committees’.
Are you aware that unions can help form ‘Works Committees’ and ‘Works Committees’ is an authority.
>> If the confirmation procedure/formalities/ appraisal were conducted but letter of confirmation of service was not issued then it should imply that you did not successfully complete the period of probation.
Therefore the notice period as in probation period should be applicable.
The company might have granted some increment in salary.
However increment can be given any time and during probation also.
The company has stated in appointment letter issued to you that service shall be confirmed in writing.
Company has not issued and supplied the letter of confirmation of service. Ideally the employee is asked to accept it in writing and also confirm the T&C of employment that may alter after confirmation of service.
The language in regular appointment section implies that company can terminate you with or without notice period. If you tender notice of resignation it is discretion of company to accept notice pay in lieu of notice period or not. If you tender notice of resignation company can accept it before expiry of notice period too. Such conditions can be easily termed arbitrary.
Did you submit resignation from person email or official email?
Obtain printouts and keep in personal file.
Submit resignation by letter addressed to god offices of appointing authority, MD/CEO thru redg post too and obtain POD from PO ( free of cost) and also certified copy of run sheet of post man (against a fee of Rs.10/-)
Don’t expect much from employer if employer has already set its policy for HR not to entertain such requests and also to declare the employee ‘Absconder’ in such case.
HR personnel won’t risk his career, job for you.
You would need some skills to handle such situation.
It is learnt that employers in some states have also formed unions and probably NASSCHOM members have also decided that NOTICE PERIOD FOR EMPLOYEE SHALL NOT BE LESS THAN 3 MONTHS AND FOR EMPLOYEE IT SHAL BE MADE MUST TO SERVICE FULL NOTICD PERIOD.
>> Absconder is derogatory term. It literally means;
{ https://dict.hinkhoj.com/words/meaning-of-ABSCONDING-in-hindi.html}
Your lawyer would know how to handle it.
>> You may record (audio/visual) the statement made to you “Company no more provides confirmation letter.”
It is a bad practice.
The employer shall not agree in writing that it has decided so.
If you evidence then you can use it, if required, at appropriate time in appropriate forum.
>> Abscondment as internal policies of the companies is : Misconduct.
Hence as per its internal policies of employer for HR the HR may insert adverse comments in your personnel file and may not issue relieving letter with good comments. Relieving letter with no comments shall be of no use for you as during BGV company may refer to personnel file and may not post good comments for you.
You won’t want relieving letter with bad/adverse comments.
Hence you should get relieving letter with good comments.
>> Submit reminders and claim that NO tasks are pending at your end and to whom you should handover the charge?
Request that now onwards routine duties that can be completed within and up to last date/day in office i.e. dated………………………..only be assigned to you and that you shall not be available after the close of office hours on dated...............
Don’t forget to submit final resignation on last day in office and a copy by letter thru redg. post too and do mention all previous representations mentioning dates/names etc .
>> Service certificate has to be issued to all employees.
>> If PF is with EPFO the funds held in your PF a/c are not in control of company. The designated personnel in HR/employer can not decline to attest the PF withdrawal/transfer forms as declinature to attest PF forms is offence.
PF can’t be attached even by decree of court of law. You may meet RPFC in nearest PF office in person.
>> The ITeS companies in Maharashtra are covered by Bombay Shops and Commercial Establishments act that is so employee friendly. If the company employs 50 employees the Industrial Employment Standing Orders Act should be applicable and accordingly standing orders should be applicable (Certified/Model). Employer is personally held responsible for faithful observance of standing orders. Standing Orders should be displayed on notice board and a certified copy should be made available to employee on demand against a nominal fee say Rs.10/-. Employee or anyone can obtain copy of standing orders applicable to establishment from certifying officer (CO) which may be DLC in local o/o labor commissioner against a nominal charge say Rs3/page………………..
If standing orders are not certified Model Standing Orders shall apply.
Standing Orders shall prevail upon appointment letter. As per model standing Orders Notice period applicable during probation is NIL and after confirmation of service: 1 month.
You may go thru Model Standing Orders : 13, 14 (2) (3) (e), 16, 17, 18………………….
>> You may show job advertisement, job application, interview call letter, offer letter, standing orders applicable to the establishment (Certified/Model), appointment letter, HR policy, service rules, and your KRA’s, and detail of nature of duties etc……………….resignation to your labor consultant/service lawyer.
The lawyer that has analyzed the documents and inputs may opine that the employee is covered as ‘Workman’ as in ID Act, “Employee’ as in Shops and Commercial Establishments Act.
The employee shall be properly informed after consulting his lawyer and can take a well informed and qualified decision.
Let your lawyer now structure and draft all of your representations.
If your decision is to leave the company in 1 month then you should be ready to handle the situation and that too successfully in your favor and just being tense and anxious won’t help you.
You would need to have resolve strong like steel within you and help from family, friends, peers, unions, and your lawyer.
