Forced to serve 3 months notice period

Hi, I submitted a notice period of 30 days in written e-mail. But my company is not accepting my resignation and refuses to take 2 months basic from my side. In my appointment letter there is written that "Either Party can terminate this employment by serving a notice period of 90 days on the other. However , if approved by the company, an associate may surrender leave to his/her credit or pay salary(basic) in lieu of notice period." Is this necessary to serve full notice period? what legal actions I can take. Thanks in advance!

@ Av,

 

As per T&C quoted by you, there is a provision of notice pay in lieu of notice period, that now establsihment/employer can not breach! Howwever your appointment letter, and each rule, policy,employee handbook etc mentioned in it need to be examined in detail.

 

In FnF statement the employer is bound to insert/compute everything e.g earned wages/bonus/arrears/reimbursments/incentives/leave encashemnt/gratuity/ etc and notice pay and arrive at final pyables by either employer or employee.

 

You may mention in writing under proepr acknowledgment addressed to good offices of appointing authority/MD, Chairman etc...............................the clause in appointment letter quoted by you and in notice/subsequent communications (preferably by letter thru Redg. Post or theru personal email ) that NO TASKS are pending at your end (download proof and also all awards/rewards/appraisals/appreciation/Tgt Vs perf. data/ etc) and routine duties be assigned that can be completed on day to day basis and within and upto LWD/expiry of notice period, and that to whom you should handover the charge under proper acknbowledgment on the spot within and upto LWD/expiry of notice period.

 

 

 

What is this establishment: Commercial, Industiral?

You, Your reporting office, Head Office, Redg office  is located in which state?

What is your designation and nature of duties? Do you have power ( or just recommend) to sanction leave,increment,appoint,terminate? can anyone cancel/amend your recommendations?

 

How many persons are empoyed in it?

Does standing orders (model/ Certified) apply to establsihment,you,your designation?

 

Since how long you are working with this company?

 

Are you a member of the employee's/trade unions?

 

 

 

 

 

 

 

 

 

 

Hi Kumar Doab

What is this establishment: Commercial, Industiral? S/w organization

You, Your reporting office, Head Office, Redg office  is located in which state? -all are in Maharashtra, except Redg Ofc. it is in Kerala

What is your designation and nature of duties?  - s/w Developer

Do you have power ( or just recommend) to sanction leave,increment,appoint,terminate? can anyone cancel/amend your recommendations? - No Power

How many persons are empoyed in it? - arround 15

Does standing orders (model/ Certified) apply to establsihment,you,your designation?  -Didn't get the question.

Since how long you are working with this company? - 4 years and 9 months

Are you a member of the employee's/trade unions? - NO

 

Probably by : S/w organization; you mean Software Organisation.

Such establsihments are covered by ( name of the state) Shops & Estbs Act.

 

You may go thru Bombay Shops & Estbs Act; especially Sec;2,38-B,66...........The notice period should not be more than 30days.

You might be rather should be covered by the def. of 'Employee' as in the Act and also 'Workman' as in ID Act.

If you are coverd by the Bombay Shops & Estbs Act, notice period (service conditions)  provided for in the Act shall prevail upon notice period (service conditions) inserted by employer in any of the private agreement/rule/policy etc...............................drafted by employer and signed with employee e.g. appointment letter/contarct of employment, HR policy, service rules and regulations etc..............

 

 

 

Trade Unions in Maharashtra have traditionally been strong...............e.g.: CITU/INTUC/BMS/AITUC etc

IT/ITeS employees have formed thier unions and have affilliated with trade unions.

Shiv Sena floated its wing for IT employees.

Maharashtra has set of enactments labor laws against unfair trade practices..........................You may go thru: PULP, MRTUand provisions of PAMS from DLC.

 

It is highly disappointing that you are not member of Employee's/IT employees/trade unions and you are not aware of standing orders (certified/model).

 

Standing orders (certified/model) being instrument of law/statue..................shall prevail upon any of the private agreement/rule/policy etc...............................drafted by employer and signed with employee e.g. appointment letter/contarct of employment, HR policy, service rules and regulations etc..............

 

You mat tactfully write that correct notice period as applicable as per enactments applicable be applied and there is a provision for notice pay in lieu of notice period in enactments and appointment letter..................and that NO TASKS are pending at your end (download proof and also all awards/rewards/appraisals/appreciation/Tgt Vs perf. data/ etc) and routine duties be assigned that can be completed on day to day basis and within and upto LWD/expiry of notice period, and that to whom you should handover the charge under proper acknbowledgment on the spot within and upto LWD/expiry of notice period.....................

 

You may not accept the FnF statement and settlement in writing after you have recived all of above docs you may claim the overcharged deductions ........................say notice pay.

 

Become member of unions and retain access to ana bale labor Law Consultant.

 

 

 

Hi Kumar Doab,

 

Thanks for your reply.

So My Employer can not hold me more than 30 days.

what legal actions I can take if i'll not get my experience & releiving letter?

 

@ Av,

 

My post are first hand impression from your posts.

You may consult an able counsel specializing in Labor -service matters and show all docs on record including appointment letter and all rules/policies mentioned in appointment letter, employee handbook etc and also give inputs and your counsel can advise if you are covered by enactments as mentioned  above.

 

Once it is confirmed that you are covered then you shall be sure which clauses/sections in appointment letter and all rules/policies mentioned in appointment letter, are not applicable in your case.

 

Your counsel can draft your representations so as to build irrefutabel written record that can help you in future at appropriate time in appropriate forum.

 

Usually employers and its attorney's in line management/HR/Legal resort to verbal communicatiosn in office or phone calls. You should be smart enough to record and minute everything and defend your interest.

Download everything now as your access can be blocked anytime.

 

Most imp. is to firm up everything in writing (under proepr acknowledgment even if from personal email id and at personal email id ) with next employer. More Imp is that you must mention in resume/employment application forms that you may have to fill (kep acknowledged copies) , that notice period in curent employment as per appointment letter is 90days and your employer is reluctant to accept notice/resignation of 30days even if you tender notice pay and may not issue and supply acknowledgment and acceptance of notice of resignation,resignation,service certificate,relieving letter, Form16, salary slips of all months,FnF statement,PF a/c slips of each year, NOC/NDC, handover of charge ............................and you should be absorbed on the strength of copy of notice and final resignation ( proof of disptach and delivery) alone ................................and should not be terminated if all above documents are not supplied to you by current employer. As if these are not supplied to you, you can not supply these.

 

More so that current employer may not post god comments in BGV!

You may also demand to buy notice period without any conditions and pay it to you imediately upon joining, without any conditions.

 

Your current manager (employer) has already declined to accept notice pay in lieu of notice period and may claim that your resignation is not accepted hence you are absconding and have caused loss.

 

Hence it is imp. that you build enough ground in consultation with your counsel with both current and next employer.