Notice period issue

Do you have any written evidence or proof of the resignation?

If you have resigned through the Email, then it is sufficient for you and you can used this as a evidence.

Issue a legal notice to company with the photocopy of email.

If it is verbal then you have to serve again the notice for 3 month.

Mr. Joshi has given valuable advice. Kindly follow it.

It seems that the company has tricked you. Companies do take advantage of ill informed employees.

Employee should consult elders in the family, experienced and competent well wishers, trained legal mind, lawyer/law firm before acting in haste and signing any document.

You have posted that:

--"i aggred the same & worked till 05.06.2012 in company." Did you receive salary for May,2012?

--If you have sent just a SMS and stopped going to Office Company may declare you absconding.

--"Now, i got one letter from company stating that i have not serve my notice period.'" This letter implies company has acknowledged your notice/resignation. You would know what is written by you in apology letter. Did you withdraw your previous notice/resignation, and submit afresh notice/resignation vide your apology letter?

You have the option of requesting your appointing authority to let you examine your personnel file.

You must reply to company's letter and offer to either serve the balance notice period or adjust notice pay in FNF statement. If the notice pay is adjusted in FNF statement and notice period is bought by next employer, you shall not be adjusted to double taxation  Company shall claim notice pay from the date of resignation which can be first or second notice( apology letter) given by you.

You may claim that the apology letter was collected from you under coercion/pressure in office.

You may reconcile and agree to serve the balance notice period counted from the date of 13.03.2012. If you are able to do so you should obtain the original apology letter or a copy and withdraw it.

You should obtain a written consent fro your next employer that you shall be absorbed without any relieving letter and on the strength of copy of your resignation alone.

Show all of your documents, records, to your lawyer and let your lawyer draft your reply/representation or issue a legal notice.

from ur post the following points r found.........a)1st u tendered ur resignation,..b) ur employer accepted it..c)later on ur employer asked u to continue upto 31.5.2012...d)but u had continued upto..05.06.2012.....here, my question is why..?...as because u had withdrawn .!!...(a) and subsequently ur employer had allowed u to work..e) u had given one apology letter.....but on what ground,it is not clear..f)from 6th june onwards u r not attending ur office..g)again u have sent resignation letter thro" e-mail....i hope this is final !!..h)now u have received one letter from ur employer  >>>>>under this circumstances i would 1st suggest u to write one letter to ur appointing authority thro"ur controlling authority about the matter in details(which u have posted here...but more specifically with correct dates and events) with a request to relieve u (pl.give  a particular date) mentioning that without receiving any reply thereon,u may go to the hon"ble court of law   and send it thro"e-mail.pl. follow the advise of (L) advocate joshi and mr kumar doab.....thanks(.)

Dear Sir,

Thank you very much for your advise.

Actually i have not taken any acknowledgement from company while tender the Resignation letter on 13.03.12. but one letter received from co. regarding serve of short Notice period they have clearly mentioned that i have resigned on 13..03.12. so, can i treat this letter as acceptance of my Resignation letter? also i would like to know that i gave apology letter (dont have acknowledgement) to withdraw my resignation dtd - 13.03.12, but co. has not given me any acceptance letter on apology letter given by me. can i assume that co has not accept my apology letter? & still my resignation letter dtd-13.03.12 is valid & need to continue in job till 31.05.12 (verbal date fixed by my seniors on receiving my Resignation letter on 13.03.12) .  

Sir, i want to know -

1.  is it my resign letter dtd - 13.03.12 is still valid as co. has not given any acceptance letter for my apology letter to withdraw Resignation Letter?

2.   did i serve my notice period as per rules?

3. can i claim for my FNF payment? (salary, bonus, pf settlement, leave etc)

4. co. is not giving me my form 16 for the year, without that i cannot file my individual return?

Pls. advise me.

It is not understood what the need of tendering an apology was? What was written by you in apology letter?

You have posted that:

--'one letter received from co. regarding serve of short Notice period they have clearly mentioned that i have resigned on 13.03.12. so, can i treat this letter as acceptance of my Resignation letter?'

Company should count notice period from 13.03.12.

Company may not count the period you have not attended office in notice period.

--If there is option of notice pay in lieu of notice period applicable to employer and employee, you can opt to buy out the notice period.

--Company has to settle the a/c by FNF settlement. Company may encash earned leave and pay in FNF statement. PF can be either withdrawn or transferred. It shall be better to transfer and keep the a/c regular for 10 years and be eligible for pension. If you withdraw you shall loose major portion from pension components.

If you withdraw before 5 years the amount shall be taxable and company may add it to your income and apply TDS.

--Form 16 has to be issued by employer. If the employer does not issue form 16, you can lodge complaint with CIT-TDS of jurisdictional authority. The jurisdictional authority can impose fine.

You can obtain your income tax a/c detail from income tax website and use it to file return.

It shall be appropriate to consult your lawyer and reply to the letter of company as drafted and structured by your lawyer.