LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

yogi   17 February 2015

Employer not relieving what to do_very urgent

Dear Sir, I Am Working In An Org For Past 2 Yrs. Recently I Had Resigned From My Duties As I Got Another Opportunity near to my hometown Which Is Very Important For Me At This Point to address my critical family issues.

I Requested To My Manager To Relieve Me In 1.5 Month As I Had To Join The Other Company In 1.5 Months. My Immediate Bosses holded that for more than that period and later after I left the organisation they wrote as accepted on the date after my leaving date of the company and also wrote to serve complete notice period.

I gave my resignation through mail. As Per My Offer Letter Notice Period Is 3 Months Or 3 Months' Gross Salary But accepting the notice pay is discretion of the management. I Am Ready To Pay Off The Notice Pay. But company Is Not Relieving.

Its Very Urgent For Me To Get The Relieving Else I Would Lose The Other Opportunity. Can I Take Any Legal Action Against The Company To Get The Relieving. For Past 15 Days I Am In Discussions With The Company Officials For The Relieving But company is insisting On The Same Thing Stating 3 Months Notice Period. Regards



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 February 2015

 co operate with the company you are tendering notice of ……days and good offices of the company must ensure that it designates an employee to take charge from you within and up to date of your resignation/last day in office i.e. dated………..

You may not address it to your manager or forward a copy especially if you are sure that your manager shall put hurdles in your relieving.

Let the good offices write to you that you have to submit in online portal.

Your manager may not be the approving authority until or unless approved by the board of directors of your company.

Your company might have devised its internal system to involve manager in resignation on line portal so as to create an extra method of control on employees and add weight to authority of boss.

If your company has an on line resignation portal you may first resign by letter and quote its reference and obtain screenshot and printouts of the formats submitted online.

This on line portal would certainly have scope of amendments/intervention by line managers/HR.

yogi   18 February 2015

Dear Ramachary Sir,

1- my company dont have any such portal.

2-as per the process designed only department head has to approve the resignation.

3-I have already left the company but they are creating nuisance..also witheld my 1 month salary.

Kumar Doab (FIN)     19 February 2015

 

1.      What is this establishment: Industrial or Commercial ? The registration certificate displayed near entrance would clear that it is registered under Factory Act or (name of the state) Shops and Commercial Establishments Act!

2.      How many persons are employed in it? Does the company have its CSO (certified Standing Orders) or Model Standing Orders are applicable? Is your designation covered by CSO? The standing Orders copy has to be displayed at a conspicuous place/near entrance and a certified copy has to be supplied even if against nominal cost say Rs10/……………………by the employer or designated HR personnel.

3.      What is your designation and nature of duties?

4.      What was submitted by you;Notice of resignation or resignation:::::did you mention notice period tendered by you in it? Do you have copy and acknowledgment of notice of resignation? To whom you had addressed the notice/resignation::::and did you mark a copy to say HR/MD? Who is appointing authority:;;Your Manager?

5.      Has your boss replied in writing: if yes;what was the reply::::Have you submitted any communication in writing subsequent to resignation: narrating all representations?

6.      Is next employer willing to absorb you without acceptance of resignation;service certificate;relieving letter? Have you mentioned notice period of 90 days in employment application to next employer? Is your next employer buying your notice period?

7.      You are in which state:::::the Redg. Office and HO of the company is in which state?

Does the company issue salary slip of each month,PF number and a/c slips of each year,I.card,ESIC card,Form16,FnF statement?

T. Kalaiselvan, Advocate (Advocate)     20 February 2015

You may tender your resignation in writing by sending it through registered post with acknowledgment due to the employer directly with a copy to the manager quoting the service conditions on resignation and your willingness to pay the notice period as per the agreed conditions.

For further and more proper opinion, you may clarify the points raised by our expert Mr. Kumar Doab.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register