Reporting manager & hr not accepting resignation

HI 

It appears that your friend did not complete his probation period also. 

As per terms of employment, an employee should serve notice period as stipulated in the appointment letter. Acceptance of resignation is one thing and relieving is another. In case your friend is asked to work beyond the stipulated notice period, then you can escalate to your HR head or the business unit head. if even after that he is not relieved, you may escalate to the labour officer in the jurisdiction where your office is situated.

Other thread by you:

https://www.lawyersclubindia.com/forum/Performance-incentive-company-denying-to-pay-the-same-121230.asp#.VZuzVLV-jMo

The matter has been discussed in detail in above thread. You may take cue from above thread and relate with query and posts in this thread and thus you and your friend should not face any difficulty in understanding the matter.

You may reply pointwise to all points!

The Redg Office,Corporate Office of the company, and his reporting office is located in which state?

What is his designation and nature of duties? Does he have any power (not just to recommend) to sanction leave/increment/appoint/terminate?

Does he have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules that are mentioned in the appointment letter?

Did he submit proper leave application with medical certificate and kept a copy and was it approved and does he have copy of approval?

Does he have copy of  CO (certified standing Orders) and is his designation covered by CO? Or do Model Standing Orders apply to him? Or would he be covered by the def. of ‘Employee’ as in (Name of the state) Shops and Commercial establishments Act? An able labor Law Consultant/Service Matters lawyer/Law firm may ask a set of structured questions and may opine that he shall be covered as ‘Employee’ and ‘Workman’.

Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card, given to him?

What is the notice period and probation period inserted in appointment letter?

What is the notice period tendered by him?

Is it mentioned in appointment letter, service conditions, service rules that he shall address resignation to reporting manager at any level and reporting manager's approval is required?

Did he submit notice of resignation or resignation with immediate effect? Did he resign in writing under proper acknowledgment, and mention NO tasks are pending at your end and to whom he should handover the charge/assets (mention list) under proper acknowledgment on the spot? Has he submitted notice of resignation/resignation addressed to appointing authority/MD by letter thru Redg. Post?

Has acknowledgment of notice of resignation, supplied to him?

Is he a member of any employee’s/Trade Unions?

What was his monthly salary?

In this thread you have posted that:

“He works in a NBFC who is a commercial establishment, standing orders are applicable.

He joined the company 3 months back on a managerial grade.”

If standing orders are certified (CO) and his designation is covered then you may check the notice period stated in standing orders……………………….and if his designation is not covered then look into Model Standing orders Sec13-18……………………..and also the def. of ‘Workman’ as in ID Act and if he is covered then notice period is NIL if he is under probation period and max.30 days if he is confirmed.............................and also the (Name of the state) Shops and Commercial establishments Act and if he is covered by the def. of 'Employee' as in this Act then thi Act shall givern the service conditions including notice period.

Hello sir/ma'am,

I'am working in international broking firm XYZ.Trades in commodities and currecies from past 1n half yr i have submitted my resignation letter 20days back as we don't have Hr in our office so their is no where mention about notice period to serve not even in my appointment/offer letter . now my co is not providing my experience and asking to serve 1 month of notice period for sudden.

            As it is related to trading I used to handle portfolio of my client which I made loss in past which is part of trading, now my client and co both r not ready to give experience letter because company is affraid of client that he might can take legal action towards company , after which I'm concering with one of the lawyer where he states that lossing money in market can't be taken as legal action untill n unless any illegal aur fraud is occured by an employe. Where I also come across that trading in foreign currecies is illegal in India for which company is getting affraid. and I haven't sign any agreement with the company nor with the client. As we don't have proper Hr policies . So please guide me how to proceed further with legal action as company is pressurising me to work with them and they are also threating me ,"if you take any legal action it will be big mess for you only as you are a girl and this might make bad remark on your career". Please guide me to proceed further as I got placed with very good firm where I have to submit my docs as soon as possible.Should I proceed with legal action will be favourable for me? as my client also threating me very badly and this all made me to leave the job.

Regards,

Namrata

The resignation may be addressed to appointing authority,MD,Chairman.

If there is no notice period mentioned in appointment letter then you may claim that your resignation is in line with T&C of the appointment letter drafted by employer and signed with employee.

Is it stated in appointment letter that service conditions shall be as say……………………per HR policy as amended from time to time and was any such policy shared with you alongwith appointment letter on the same day? Is any such policy or rule kept on some shared portal?

Change in ntice period amounts to change in notice period and written notice of 21 days as per ID Act is to be supplied for acceptance.

Service Certificate is to be supplied to all employees even if notice period is not served.

Your lawyer has already examined your case/documents and has advised if you have not committed any fraud then you can not be penalized. Download proof of your innocence.

The company has to obtain permission and license for anything that it deals in, and not the employee.

Record all threats (audio/visual/minuted/witnessed)?

Are you a member of any female employee’s/employee’s unions/ trade unions e.g. CIYU/INTUC/AITUC/BMS etc?

Consult an able Labor Law Consultant/Service Matters lawyer/law firm with all docs on record and proceed further under expert advise of your lawyer.

Is your next employer pressing you to join immediately without any notice period to past employer?

Do you copies of salary slips of all months,Form16,PF a/c slips,ESIC card.I.Card etc? If yes these should suffice as good as service certificate.

You need to settle the matter with next employer and obtain a written confirmation that it shall absorb you on the strength of copy of resignation, proof of its diospatch only and shall not lay any condition of releiving leter.

Hi,

Thank you very much Mr. Kumar for your opinon about this issue. As you asked , their no such Hr policies are their not even in my appointment letter its a just about post of working for, address, about business we have to bring every month and the salary part everything is their in just one paper of appointment letter in very short cut format. other than that we didn't received any hard copy or soft copy of any of these such as Hr policies, or any terms and condition, about notice period ,salary slip etc.

             We don't have Hr manpower in our office and its not like that our company runs in very small scale it is very broadly expanded in number of countries making turn over in crs but they don't have Hr manpower at all. My question is how it is possible for a company to run without Hr manpower not even a single is it possible? This is happening only with me not with my colleague they recived their experienced letter. My new comapny is asking me submitt acceptance of releving letter for time being if not experience letter,should I explain all isssue in my new office that will favours me? Because my company won't provide me salary slip most of the time they gives our salary in cash we don't have any bank account from office. Many time employe asked them about bank account but they maid excuses.

          Now other than appointment letter I have Form 16 with me so that I can prove that I'am a employe of XYZ company and working from so and so date but this will be enough to submitt or explain them in new company? I have done lot of hard work towards my XYZ company and I was one of the top performer in office who achieve appreciation reward from our senoirs and director. I never thought that my career will end in this company like this. 

       Now I don't want to miss my new offer just because of this reason where really I have done lot and at the end I'am only the losser. As you asked me Mr. Kumar I'am not a member of any women employees union. And in my xyz comapny we don't have proper or mandatory condition that we can make settelment with new joiny because they don't hire with exact plan or need of company they recruite candidates according to their own interested as it is a indiviual work not a team worker they just hire the candidates who is enough potential to convience people to invest with them they don't provide their own data to employe.

   So please guide me should I explain what all happen? for what reason I'am not able to submit in new office weather they will appriciate my truth and work I have done thier? or else guide me what all documents can I submitt so that they conclude about my innocence? I really don't want to miss the new offer.Once again thank you very much Mr. Kumar to guide me and helping me out.

Thanks and regards,

Namrata

Employee should always be a member of unions and have access to an able Labor Law consultant/Service Matters lawyer/Law firm dealing in labor-service matters.

The non united and unsupported employees are easily identified by employers and are exploited.

You may demand ( preferably by Redg. Post) to supply you by Redg. Post the correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slip of all months etc………………….

You may explain to current employer that you have demanded experience letter/relieving letter and can supply only and as and when it is supplied to you, and it is to be issued by the employer only. You need to handle it now on your own or with help of your unions/lawyer.

Your counsels may opine that you can approach:

The Inspector appointed under (name of the state) Shops and Commercial Establishments Act,: This Act does not discriminate between ‘Workman’ and ‘Non Workman’ and you may be covered by the def. of ‘Employee’ as in this Act and also as ‘Workman’ in ID Act.

The Inspector appointed under Payment of Wages Act

Higher officials of Dept. of Labor, (of your state)

Female employee’s/Employee’s/trade Unions e.g. CITU/INTUC/AITUC/BMS etc…………..

O/o Labor Commissioner

RPFC in nearest PF office

Jurisdictional ESIC office

ITO-TDS where you file ITR and CIT-TDS where company files ITR for correct Form16. They won’t agree to amend ITR,Form16 easily, but persist and make them do it and make them bitter taste of your recipe now.

An able Labor Law consultant/Service Matters lawyer/Law firm dealing in labor-service matters

 Civil court

File complaint u/s 406,420

File for winding up petition as unpaid wages are debt on employer

Hi

As you suggested to proceed with the labor act/office I did thank you again. Where I also came to know I have to proceed with the appropiate area/division inspector where my office is placed. Initially labor inspector was just asking to write my complain in paper later I requested him that I want to talk in detail and also gone through my appointment letter and other docs which I recived from the company, where he resolve my query almost. He said that he can able to provide me my exp letter within a week as their no issue about notice period surving nor agreement/contract or t&c sign by me with company, or else we will file a complain against them.

My query is it possible that he can provide me within a week? Because recently I came to know that from one of my freind that these all process will take take time. what if everything didn't went smoothly? should I proceed with the higher department like commissioner? as I'am getting delay to submit my docs in new office. what if they where(company) still not providing should I proceed with female employee's/employee's/trade union ? will this make my case stronger? 

Please guide me what should I do for further procedure. or what are the possiblities that issue can be resolve soon. can my current labor inspector gives me acknowledgement mentioning that their is no such valid points from the company for holding my exp letter , and for the time being I can submit this acknowledgement in my new office as a exp letter for certain time as a proof? Can I demand for such acknowledgement from my inspector and can this will possible to submit in new office?

Thanks & Regards

Namrata.

You may go thru:

(Name of your state) Shops and Commercial Establishments Act

(Name of your state) Shops and Commercial Establishments Rules

Employer has to submit (even if by electronic mode) various forms/registers detailing DOJ/LWD of each employee..............................e.g. Form'N' in case of:::Tamilnadu Shops and Commercial Establishments Act.

The Inspector can provide you a certified copy..............................OR you can also obtain thru RTI from O/O Chief Inspector of :::(Name of your state) Shops and Commercial Establishments Act.

This is a solid Experience Certificate.

The Inpsector can also get you any dues that are unpid.It is on eof the duties of Inspector.

hello,

Thank you very much for your advice Mr. Kumar its really helping me a lot. Recently i met my labor inspector for further process where my manager supposed to be their but he made a excuse of that he met with an accident for which the inspector postponded the meeting further but in all this I'am getting delay to submit my docs to the new office but unfortunatley my inspector is not taking it seriously. First time when I met the inspector he was very much supportive but this time he was not in mood to talk me where just talked for hardly 10min and ask me to come on monday.  

     He said that , he met with my branch manager and he is telling some other reasons where my branch manager making fake allegaion on me but when I came to know but in all this I'm not feeling that my inspector is not supporting me because when my manager is making allegation on me he didn't react on this. now in my new office they are asking for any acknowlegement or certificate from the labor inspector mentioning till current suitation. can i demand for him? what if he didn't agree for that ? Because I'm really need of thet certificate for my joining. please guide me if he is not agreeing for it what further step can I take where I will get this cerificate. can take help from any women union where I get complete support and understand my need and resolve the prblm.

regards

Namrata

The Inspector has to issue acknowledgment with seal,date,signature,complaint no. on the spot.

You can also narrate that on dated............... you met him and lodged the complaint and dated..............was fixed by hin for hearing and Mr/Ms....................of M/s was called and you appeared on this date ,but he/she did not appear and dated..............is given.

The Inspector can write allegation levelled by Manger in his report and can even obtain in writing from Manager and the copy can enable you to press charges of defamation/discriminatory retaliation.

You can even make follow ups by email and id should be available at Dept. of Labor website.

The appointment letter issued to you, salary slips of each month,Pf a/c slips,I.Card,Form16, copy of resignation/proof of dispatch can very well serve as good as experience certificate.......................

You can approach female employee's union/employee's union/trade union.........................even ALC/DLC/Labor Commissioner and also able Labor Law consultant/Service Matters lawyer/Law firm dealing in labor-service matters.

You may go thru:

(Name of your state) Shops and Commercial Establishments Act

(Name of your state) Shops and Commercial Establishments Rules

Employer has to submit (even if by electronic mode) various forms/registers detailing DOJ/LWD of each employee..............................e.g. Form'N' in case of:::Tamilnadu Shops and Commercial Establishments Act.

The Inspector can provide you a certified copy..............................OR you can also obtain thru RTI from O/O Chief Inspector of :::(Name of your state) Shops and Commercial Establishments Act.

This is a solid Experience Certificate.