Employer not giving acceptance to the resignation

There are unlimited number of threads on similar query at LCI and various other forums too.

It has been discussed unlimited number of times.

The question arises ‘Why majority of the Employees are unaware, ill informed and hence prone to exploitation’?

The answer is as simple as that despite the efforts and motivation ‘Employees’ are not united, are not forming or becoming of employees unions, are not affiliating with trade unions and are not negotiating service conditions……………………….!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Service conditions are protected by Indian laws………………!!!!!!!!!!!!!!!!!!!!!

There are instruments of law, statues that defend the interest of employees.

There are many threads on similar query e.g;

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

>>> Is it stated in appointment letter that ‘Employee shall be on probation’?

The language of the employment letter should clarify the employee in whose name appointment letter is issued is appointed on Probation or as confirmed employee?

It is appointment letter not a generic circular!

At the time of issuance of appointment letter employee should confirm and show it his lawyer.

If employer is initiating termination it can very well claim that employee was under probation and no notice period/pay is applicable.

>>> The employee is located in which state?

Redg. Office of the company is in which state?

How many employees are employed in this company?      

Such companies are covered by Shops and Commercial Establishments Act of the state, and standing orders are applicable.

>>> Is it stated in appointment letter that in case of Termination by employer employee can decline to accept notice pay in lieu of notice period and can serve full notice period?

If NO; the contract of employment can be easily termed as ‘Arbitrary’.

>>> The date of retirement (resignation) if the separation is initiated by employee is to be chosen by employee!

Employer can not pre pone or postpone the expiry of notice period/effective date of resignation!

>>> Resignation can be without permission or notice!

If notice pay in lieu of notice period is stated in appointment letter then it should be the max. amount payable by employee.

>>> The employee should state that no tasks/assignments are pending as on date and routine duties be assigned on daily basis that can be completed on day to day basis within and up to expiry of notice period/ last date in office.

Employee should not leave any room for employee to charge on any count.

>>> NO manager might be having any competency granted by Board of the company to accept the resignation.

Avoid posting resignation in internal software ’Resignation Tool’ and submit by redg. Post.

>>> Communicate preferably in writing to next employer that as informed in interview notice period in current employment is 3 months and management is unwilling to relieve within joining period of ………….days offered by it. Hence acceptance of resignation, relieving letter, FNF statement, service certificate, last salary slip, can’t be provided and management has indicated it won’t post good comments in BGV. If it is willing to absorb on the strength of copy of resignation, POD then appointment can be accepted.

Try and obtain concurrence or employer in writing as otherwise employee shall loose on employment in hand and prospective employment too.

>>> The long term solution is to form employees unions and affiliate with Trade Unions and for Works Committees in companies and negotiate service conditions properly.

WORKS COMMITTEE IS AN AUTHORITY

The Industrial Disputes Act, 1947:

CHAPTER II: AUTHORITIES UNDER THIS ACT

3. Works Committee

You may go thru another thread;

https://www.lawyersclubindia.com/forum/Bond-for-1-year-for-travel-101619.asp#.U1_JW0eBmXU

>>> The trade unions are willing to embrace employees in your sector and unions are being formed e.g. CBPOP. You may find the attachments useful.

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/‎

https://itnitesunion.wordpress.com/author/itnitesunion/

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

>>> If situation can’t be handled serve 3 months notice in current employment and firm up another venture.

Kumar Ji,

Thanks for your reply. I have mentioned only one clause of the letter. My brother is a confirm employee. My query is, does Indian Law allow any such norm wherein if any employee is ready to pay his/her notice period and not working on a project still employer can stop his/her reliving. The reason they are giving to my brother is that we don't have any billable resourece as of now that is why we are stopping your reliving. Is it a legal reason to stop?

Regards

Deepak

"we don't have any billable resourece "

The HOD/BM/employer himself may take charge.

Bonded labor has been abolished.

"not working on a project"

Implies no tasks are pending.

"employee is ready to pay his/her notice period"

Quote the relevant clause, ask to adjust notice pay in FNF statement and supply it by redg. post  for verification and acceptance. Alternatively attach cheque for notice pay in name of company with notice of resignation and demand receipt on the spot.

"is a confirm employee"

Notice period after confirmation as per Model Standing orders is 1 month only or notice pay can be recovered.

The date of retirement (resignation) if the separation is initiated by employee is to be chosen by employee!

Employer can not pre pone or postpone the expiry of notice period/effective date of resignation!