Notice Period

 Please write a letter to the Ministry of Labour with a copy to Labour Commissioner.

Dear Kartiki,

Seeking a backdated resignation letter, means that the Company is avoiding to pay its employees the statutory notice pay, which it would have give, if it terminates, or retrench its employees.

If you take the stand that you are not going to resign backdated, then the Company would have no option but to terminate or retrech your services, which they cannot do backdated.

But you would have to create documentary evidence of your refusal to sign the resignation backdated, so that if at all they terminate you, you would have proof of the illegal activities of the COmpany, in the Court of Law.

In the meanwhile, i would suggest that you seek other avenues of employment, as the Company, in future would not like to keep such employees who go against the Company.

Thanks,

Ashish

 If it is a company on the rolls of FICCI, ASSOCHAM, Export Promotion Council do write to them about the misdeeds of the company. Also write to ROC, Labour Ministry. If you know that they are going to chuck you out, create hell for them by complaining against the company to whichever quarter hurts them. Are they paying you by a/c payee cheque or depositing your salary directly into the bank?

Till date I have no received any mail or written notice from employer to do so.    I was asked b my manager verabally to resign as some of my colleagues had done the same.  I was also being told that from 31st october is the last working date.  But I have not been informed by any one other than verbally.

Now I fear if I resist to resign on backdated letter then they will terminate me.  Then what would be effects of termination on my future carrier.  What reasons they can give behind my termination??  Will it affect my future??

 Do they have your original certificates etc.? If they terminate your services, how your future prospect suffers? What are the terms of appointment? On termination do they give you compensation? If there is a bond and you resign, they can get nasty and drag you to the court. What happened to your colleagues when they resigned?

No they dont have any original certificates neither we have made any bond.  But i fear that they may write bad remark on my reliving letter or they may give my bad report if reference check call goes to our HR.

Many of my colleagues have signed the resignation on backdated letter without any question fearing this bad report.

 1. What is your total work experience in the old company?

2. Have you informed the new employer about the previous employment? Have they appointed you without making back reference? Normally such a reference is made before appointment is made. 

3. Does the new employer want a relieving certificate from the previous employer?

4. What is the monetary loss that you will suffer if you ante date your resignation letter?

5. Those who did so, did they get their fully salary.