Resignation not accepted

1. NO

2. NO. Provided company has not issued any stinker/leveled charge (s)/issued show cause notice/conducted inquiry and charges against you are not proved.

3. Relieving letter is issued post all settlements, and issue of FNF statement. Settlements at the end of employee are to handover the charge and company property ( under proper acknowledgment0, imprested cash ( which can be adjusted in FNF statement also), company ID card, vault key etc., complete all tasks on hand, submit notice of resignation/resignation.

You have given apparently 8 days of notice, hence itr is not abrupt termination, and you have written your intent to submit  company property, and company has to designate an employee to receive company property and take charge ( under proper acknowledgment on the spot).

Hence there is no reason that company should sit on relieving letter.

You should insist upon work experience/service certificate, FNF statement, acknowledgment of company property, NDC/NOC, last salary slip, and these would suffice as good as relieving letter. Company can post comments/adverse comments/good comments/no comments in relieving letter. However if company posts adverse comments in vindictive manner employee can proceed legally for a retraction.

You have posted: You were on maternity leave. Are you in post partum period? When was the delivery? Employer should avoid stressing the lady. Hope you have expressed your willingness to tender notice pay in lieu of notice period in writing. Employer can deduct notice pay in FNF statement.

If you face any difficulty you may approach O/o Labor Commissioner/Wages Inspector  or an experienced and competent service lawyer with all written records and give inputs in person and you lawyer shall handle the matter.

You have posted that " i told them that i am not in condition to work due to mental harrasment going on in organization'

Have you narrated the mental harassment in writing by letter addressed to the good offices of your appointing authority,MD, Head-HR?

11. Nursing breaks. -- Every woman delivered of a child who returns to duty after such
delivery shall, in addition to the interval for rest allowed to her, be allowed in the course
of her daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months

Employer should be concious of the ordeals of motherhood process of the women.

Hi

I delivered my baby on 1st nov & rejoined on 1st feb 2012. I have given following  in written. 

1. My intent to pay 1 month's basic salary in lieu of notice period.

2. I have written mail to the director of the company stating harrasment going on but he didn't reply to it?

3. My intent to submit office property, that is Laptop.

Moreover what i have heard is that they are planning to issue a termination letter as i have not worked till 31st march 2012.

Request you to please help me in this regard.

Regards/Sonika

Since you have information that termination letter is to be issued, it shall be appropriate to approach a competent and experienced service lawyer immediately  with all records and discus your case, give inputs and your lawyer shall be able to advice you on the merits and may choose to issue a legal notice.. Later it shall become a matter of litigation to undo the wrongdoing of the company.

It appears that you have not supplied the final resignation letter on 29th February. It is always better to submit resignation letter citing reference of notice of resignation, and all representations made in person/by letter/email/on phone.

Your lawyer can draft and structure this final resignation by letter to build favorable record or you may dispatch it yourself by redg/speed post under proper  acknowledgment.

Valuable advice of learned experts/members is sought.

Dear Sir

Resignation is tendered by employee and accepted by employer. Your employer probably has not accepted resignation and as per your post seems to be adamant, or even vindictive. Employer may resort to termination.

Post termination you shall get involved in  litigation to prove order of termination was bad.

It shall be appropriate to approach your lawyer and act in time.

Thanks a lot Sir.

Please intimate that if i go to a lawyer, how much amount i need to spent on such case, i mean ideally what is the amount which i have to pay as fee to Lawyer or please share your number so that i can get in touch with you.

Regards/Sonika

Kindly approach your lawyer of your choice at your location and settle the fee. You may not need to proceed beyond legal notice and hence your lawyer shall charge you for lewgal notice.If you wish to approach LCI lawyer the list of related lawyers is given at the bottom of this web page. You can also do " lawyer Search" on this web site. Your near and dear ones can guide you to a competent lawyer.

Need your help again.. i got a mail from office to furnish details of Laptopn & all, what do u suggest, shall i reply that mail.

You can furnish the detail of representations:

-you have made to company regarding to whom you should submit company property and handover charge, and conclude that company never informed you and did not come forward to collect and issue acknowledgment of taking company property, charge and to issue no dues certificate  on letterhead/prescribed stationary under original seal and signature by hand of the competent employee.

In the subsequent para you can write down the list of company property and ask the company to confirm and accept the list as final as per their record. You may ask the company to collect it at a mutually convenient date from your location and the competent employee may visit at appointed date and time with acknowledgment of company property, charge, NO Dues certificate and hand it over to you on the spot.

If acceptable to you, you may submit it to company office.

-In next para you may write down the list of dues at the end of company pending to be supplied to you e.g.

work experience/service certificate, FNF statement, last salary slip, NOC, NDC, acknowledgment of handing over the charge, company property, acknowledgment of notice of resignation, and resignation (both separately), acceptance of resignation, relieving letter, FNF statement, settlement and payment of your dues/wages/incentives/bonus etc by bank DD only and thru redg/speed post only, PF number/ accumulation reports/withdrawal-transfer forms, Form 16, etc

You may mention that dues at the end of company may be supplied to you on the very same date of mutually convenient appointment as expressed above.

You may fine tune your representation as suitable to you. It shall be appropriate if you consult your lawyer with all records, give inputs. Your lawyer can structure and draft your representation and build record in your favor to suit yu in the long run.

Valuable advice of learned experts/members is sought.