Need advice on notice period

you may write to the company referring the clause of termination and the notice period by which they are suppose to relieve you within one month.

let them give you denial in writing or on email.

write/email to your boss and cc to the Hr Department. Incase they don't respond then it means they accept your resignation and you would be relieved at the end of one month.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Dear Sir,

Thanks a lot for your kind reply.

I have sent a mail to HR head and is waiting for his reply on the same.

Please confirm whether it is possible to take legal action against them (in worst case)

if they don't agree to relieve me as per my notice period.

Regards,

Deepak

yes you can take legal action. company would come under trouble. Are you handling any project or assignment which needs your presence till its completion????? kindly confirm.

Regards,

Advocate Rohit Dalmia

Mumbai

9324538481

Dear Sir,

The problem is that there is a serious resource crunch in the team in which i am there

because of which my boss is trying to use unfair means to delay my relieving. Local HR is

also supporting him. They are not giving me anything in written/through mail.

Thats why i have dropped a mail to India's HR Head for clarification.

Regards,

Deepak

kindly call me on my number.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Your appointing authority is Head-HR.

This HR Head is not replying. You are being coerced within office premises by line management and HR. Instead of making a written appeal to the employee, to stay for …..days, by extending notice period on usual wages, and help the company for a while this whole gang of line managers, HR,HR-Head are littering nuisance. Such individuals are not fit to be left to loose around in a civilized society.

This is typical scene as usually seen in many of the BPO, call centers, IT/ITES companies. Such unscrupulous employers may claim that resignation was not accepted and employee has absconded to block the settlement and deny the notice pay etc.

Employee should be smart enough to record such transactions {audio/visual} and keep some witness/evidence, for use at appropriate time in appropriate forum.

You may forward all emails to your personal email id , and take printouts.

You may carefully draft a representation subsequent to your notice of resignation, addressed to Head-HR, by letter covering all representations, {enclose copies of all emails} narrating the statements of line management and HR and conclude that you have submitted notice of resignation as per clause number…………..in appointment letter dated………issued to you and your last day in office is dated………and that you are not in a position to stay in office beyond this date, and company should issue you acknowledgment of notice of resignation, its acceptance, and reply if any in writing, on letterhead by letter under original seal and signature by hand of the competent employee of the company by redg. post only and that a postage prepaid, self {as purchased from PO}addressed envelope is enclosed. You may highlight the statements dated……of line manager/HR by name.

You may issue reminders.

Thereafter you may escalate to owners/promoters/directors/MD/Company Secretary/VP-Legal by registered post and seek reply and relief by redg. post.

You have the option of marking a copy to the o/o Labor Commissioner, Inspector under SE Act which may be ALC.

SE Act is applicable to IT companie

You may refer to SE Act of UP. Notice period is 15 days.

Look into:

20.  Termination of employment by an employee.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment.

(2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer.

You may however obtain the latest version of the Act from dept of labor website or market.