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sanjib (Technical Lead)     22 January 2015

Legal action against threatning on increasing notice period

Hi,

Recently I have resigned from my current organization.

When I put my resignation my manager didn't replied and when I contacted him over phone he told me that I have to serve three month of notice period.

As per offer letter notice period is 2 months but when I told him he simply said that it is amendable.

I have gone through my offer letter and it is 2 months only. I also have checked the exits policy :company has amend the policy but for those who join after March’14.

But as per my applicability it only 2 moths as my terms and conditions of my  mentioned offer letter.

I am going to join and an organization where I have given a data next day of my last working day here after 2 month.

Manager is not giving my last working day after one month of my resignation. He is not replying to of my email.

I want to know:

Can he be able to increase my notice period for one more month and has he right for same?

I am feeling mentally tortured and not disturbed. Next company is not going to consider this at all and I will be jobless.

What legal action I can take and how to approach for that?

Please guide me.

 

 

:/



Learning

 5 Replies

Kumar Doab (FIN)     22 January 2015

Don’t remain entangled with your Manager and submit your notice of resignation addressed to appointing authority by letter thru redg. post!

Is your manager your appointing authority?

Did you record the demand of manager (audio/visual/witnesses/minutes of discussion)?

Notice period is part of service conditions and is governed by various enactments applicable to the establishment/employer/employee……and as per ID Act notice of 21 days is required to be given before applying any change in service conditions and any change shall be applicable if accepted by employee……

The 60 days notice period may not be necessarily applicable to you and may not be more than 30 days…..

Your establishment may be governed by (name of your state) Shops and Commercial establishments Act that was enacted to govern the service conditions of employees working in such establishments and you may be covered by def. of ‘employee’ as in this Act, and also as ‘Workman’ as in ID Act……

 

Standing Orders may also be applicable to establishment and if not certified Model Standing Orders shall apply…….

If all of these apply the private policy/rules of the employer may not be even worth the paper on which these are written…..

It shall be appropriate to proceed further after all of your docs and inputs are examined by your able Labor Law Consultant/Service matters lawyer……  

 

Why employees suffer at the hands of such employers and their attorneys in Line Management, HR………..because majority of them don’t unite to form unions, Grievance Redressal Committees, Works Committees, Internal Councils, Guilds,  don’t affiliate with trade unions……………

 

Are you aware that Works Committee is an authority as per ID Act and President is from Employees side and it has equal number of employees?

The united employees do not suffer for such matters……

The employees also do not retain access to labor Law Consultants/service matters lawyers/law firms…………….

Why are you remaining entangled with Manager,HR?

These personnel are just another employee like you and they shall watch their interest first than yours and will follow employers internal policies for them……..……

 

Submit final representation addressed to good offices of appointing authority,MD,Chairman (attach copy of the notice of resignation, appointment letter, Exit policy) and narrate all representations made so far………..mention names, dates, phone numbers, emails, brief  minutes etc………………and point out that you have tendered notice period of…………days as stated in appointment letter,exit policy……………….and the demand of manager be withdrawn in writing to you, and demand to supply the acknowledgment of notice of resignation, the acceptance of resignation, immediately and  service certificate, relieving letter, FnF statement in original for verification and acceptance, FnF wages by bank DD,Form16 as per correct FnF statement, PF number with a/c slips,salary slips of all months,ESIC card, acknowledgment of handover of charge/company property,NOC/NDC etc within and upto last day in office by Redg. post only......

 

You can otherwise approach:

Employees/Trade Unions e.g. CITU,INTUC,AITUC,BMS

 

Labor Law Consultant/Service Maters  lawyer/Law firm

Inspector under (name of your state) Shops and Commercial establishments Act

O/O labor commissioner

 

 

sanjib (Technical Lead)     23 January 2015

Thanks kumar for your valuable replay!!

Regarding the resignation I have put via email keeping the HR and my RM boss in cc.

Also applied my resignation in tool.I am keeping the all stack holder in cc too but he is not replying.

While telecommunication he is avoiding and not taking interest on me.

Regarding your second question my manager is not the appointment authority instead I got offer from the HR team. When checked with HR they simply said that it will be decided by your RM what will be your last working day with the organization.

I again want to know:

If he will give me to increase notice period  in written how should I act on him?(In a legal way)

I have many point to leave this organization the major is:

During hiring he didn’t reveal that I have to work in continuous night shift project and since i din't have other option i keep working so far.He have not given anything in written about the shift timing. Continuous night shift is effecting my health severely and spoiled my personal life too. I am fade up and want to relieve as soon as possible.

What punishment he will get if I will file a case against him.

 

Thanks,

Regards,

Sanjib

sanjib (Technical Lead)     23 January 2015

Continuing to the above thread.

What is the labor law say how soon he suppose to declaire my last working day?

Can I file a comaplin against him if he will not accept my resignation even after serving the 60 days notice period?

How can i act legaly

sanjib (Technical Lead)     27 January 2015

Can some one advice me on this? 

Kumar Doab (FIN)     27 January 2015

Since you are separating by resignation (notice of resignation) your last working day is to be decided by you and not by any one else and you have already communicated the notice period of 60 days as per service conditions communicated to you by the company vide appointment letter,exit policy......................

Escalate to good offices of MD and under proper acknowledgment and exhaust the internal options and build favorable written record. 

You can approach employee's unions/trade unions, Inspector appointed under (name of the state) Shops and Commercial Establishments Act, O/O Labor Commissioner...................

You may approach an able Labor Law Consultant/Service matters lawyer and proceed further under expert advise of your lawyer.......

The notice period/service conditions have been discussed in detail in many threads  e.g.

 

https://www.lawyersclubindia.com/experts/Resigned-but-employer-is-not-supportive-520111.asp#.VMewd9KUcqM

 


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