jeeva (Jober) 16 September 2014

Received warning letter after my resignation

Hi, recently I submitted my resignation via mail (company) to an MNC which I worked before.

I stated in the mail as follows

" Due to bad health condition. I am feeling wistful to inform that I’m discontinuing my service from "company_name". I am hereby resigning from the "post_name" in "company_name" . Please accept my resignation.

Please find the attachment containing my formal resignation letter".

I sent two emails for HR as well as the Team Lead. I met the HR in person before submitting the resignation and explained things in detail. Through his guidance I submitted my resignation. I waited for 1:30 hours, to see is there any replies coming for my mail, since my health went worse I left the place.

The duration of my work was 4 months there and I worked in two projects one is an outsourced and another is an R&D. But fortunately both projects were over. In the duration of 4 months I suffered more health related issues that they too know.

But, the problem I received is a mail after a month with a subject of warning letter from the company with the following message

"It has been observed from our records that you have not reported to work from "date_mentioned" onwards without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as "my_post_name"

Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action. You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action. You are further advised to submit a written explanation on your unauthorized leave as soon as you receive this letter.

This is for your information and necessary action. Kindly treat this as very urgent and you are advised to report to HR immediately."

But in my appointment letter, it is mentioned as below

"The parties agree that the company can terminate the services of the employee by giving 2 months notice in writing or salary in lieu thereof and the employee can resign from service by giving 2 months notice in writing. The company at its discretion, can but is not obliged to accept 2 months salary in lieu of notice or waive, reduce or remit the notice period"

So what can I do for this situation ? Please it seems to be urgent, So I kindly expect your valuable suggestions. Please do the needful. Thank you.

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6 Replies

Q Slinger (NA) 17 September 2014

Looks like there is a bit of miscommunication and the HR has not informed payroll or other department that you have resigned.

Forward the email or mail to HR and they will take care of it. Don't worry...everything will be just fine.

1 Like

jeeva (Jober) 17 September 2014

While resigning I suffered from dengue. I didn't signed any bond/contract. But I signed in appointment letter, But in the appointment letter that I have signed got the following statements.

It stated in the NOTICE PERIOD category that

The parties agree that the company can terminate the services of the employee by giving 2 months notice in writing or salary in lieu thereof and the employee can resign from service by giving 2 months notice in writing. The company at its discretion, can but is not obliged to accept 2 months salary in lieu of notice or waive, reduce or remit the notice period

The employee agrees confirms and declares that he/she shall serve out the entire notice period and any breach of contract and entail actual direct and consequential damage.

The employee agrees that no resignation or notice of tendered by him shall be effective, if disciplinary action is contemplated against him or notified against him, unless the company accepts such resignation by a communication to the employee in writing.

Still is it ok ?

Kumar Doab (FIN) 17 September 2014

1. Any private agreement drafted by employer and signed with employee e.g. appointment letter/contract of employment……….. shall not /can not supersede the enactments/instrument of law/statue applicable to the establishment.

The notice period of 2 months may not necessarily be applicable to you. You may go thru various threads on similar queries………………………

Both notice period and notice pay in lieu of notice period are very well stated in enactments like

--(name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in Establishments covered by this Act.

In this Act of each state notice period is not more than 30 days and notice period as per this Act shall depend upon length of service………………. and for 4 months of service it may not be even 30 days.

Notice pay in lieu of notice period is very well stated in this Act and employer can not erase it in appointment letter.

--Standing orders applicable to the establishment (certified/model). This being statue/instrument of law shall prevail upon any private agreement drafted by employer and signed with employee e.g. appointment letter/contract of employment………..

Any service condition (T&C inserted in appointment letter) that is in conflict with standing orders shall not survive.

Notice period during probation period is NIL.

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA

https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM

https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM

https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM

https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM

https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM

2. Once employee has resigned he has ended the employer-employee relationship. YOU have resigned on record.

3. Resignation can be without permission and notice. Submitting Resignation is not misconduct.

4. Sickness is not misconduct.

5. Dengue is life threatening condition. Majority of the insurance polices including group ones cover it. Submit the Mediclaim under proper acknowledgment.

6. You have completed the projects and nothing was pending at your end on the day you have fallen sick and resigned………………….hence no damage, loss caused by you.

7. The word’ WARNING” is questionable, intimidating, threatening and let your lawyer handle it.

8. Approach an able Labor Law Consultant/Service lawyer with all docs on record and let your lawyer reply to the communiqué littering nuisance issued by this HR personnel……………………..

9. There would be more issued cropping up hence it shall be proper to proceed under advice of your lawyer and keep elders in the family by your side.

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T. Kalaiselvan, Advocate (Advocate) 25 September 2014

Your query has been properly addressed by expert Mr Kumar Doab, you may follow his advise.

Octavia Gay 20 June 2018

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