Resignation - suggestions invited

Yesterady I met my reporting authorty & discussed for almost more than 3 hours. He repeatedly asserted that he cannot releive me as he doesn't have competent person equivalent to my caliber and hence cannot be replaced/relieved. He further stated that the higher management is thinking of going for arbitration as client has been reconciling the already executed works & deducting bills towards few items unilateraly for which he needs my self in preparing supporting documents to protest the client's actions. I explained him I will be extending professional help even after my leaving the company and moreover, all records are vailable with his office well documented for all works executed. I finally told him that I would not be able to attend office after 31.03.2012 and requested to do the needful.

Today morning I have sent reminder to Chief Manager (HR) with copy to reporting quthority & DGM/Regional Office stating that today is my final working day and requested to arrange for relieving by depute someone to take the charge from me. I concluded saying that I would not be responsible for not handing over as no one is deputed by you. I have even intimated over phone to all concerned departments that today will be my last working day with the present company.

Chief Manager (HR) today reverted through e-mail with copy to me & my reporting authority, asking the DGM/Regional Office whether the resignation letter is to be accepted.

Kindly advise me if anything further is required to be done by him.

Collect copy of all emails, forward to your email id, you have mentioned and keep these in your personnel file.

Send another email from your personal email id ( you must have mentioned your personal email id in your resume while applying for job or while submitting HR forms on joining) or from your official email id ( with a copy to your personal email id, and collect a printout) and mention that you are waiting in the office at location ( your work station) to handover the charge and minutes of your discussion with your reporting authority highlighting that you have affirmed to co operate post resignation and help the company as much as possible.

Post lunch you may step into the office of your appointing authority and DGM-HR and put up your matter and request them to take charge.

It shall be appropriate to record all transactions as already suggested.

Thank u.

I am not assigned any e-mail id from company and I have been corresponding from my personal id through which I have been corresponding for all official correspondence for the last four years to till date.

My reMoerting authroity stays about 120Km from my work station and my DGN & HR operates from RO office 1600Km from my work place and hence cannot meet them personaly. However, during yesterday's meet with my reporting authority I told him that I wish to see him again tomorrow for handing over and NDC/relieving but he asked me not to come stating that he cannot relieve me.

I am planning to send an e-mail today evening mentioning the persons I approached for handing over, Deputy Manager, Sr. Site Engineers, Stores Dept. & admin. personnel but none came forward to take over the charge and hence I am not responsible for not handing over. I will submit the list of files or documents kept over my table for taking over and conclude that I am leaving office in few hours latest by 08:00PM.

Request your advise if anything further is required to be done.

thanks & regards,

From your posts it is clear that your reporting authority has rated you indispensable for reasons posted by you. Your relieving is not being blocked by foul play.

It is felt you may call  each of Chief Manager (HR), reporting authority & DGM( HR), appointing authority, on phone ( keep the bills) and report the that since no one has been assigned to take charge you are left with no other option but to leave the company property which is ............................narrate the list in office only, which otherwise also used to lie in office and they should depute someone to ensure that from close of office hours today these items safekeeping is their responsibility. After the phone call you may submit the minutes of discussion.

It shall be appropriate if you can arrange some witness (es) e.g. your lawyer or a close associate from company who shall be your witness while leaving office empty handed ( or with your personal belongings).

It is your company, your office and you know them better than anyone else. If you fell that it is required you may take extra precaution:

If the office is closed by security guards (employed by company or agency) ensure to tell him that it is your last day in office and he should frisk you and witness that nothing from office is taken by you. Or you may put all property in your charge in a jute bag, seal it in the presence of witness(es),and leave it in office under the custody of security with instructions to hand it over to your reporting authority by evening/next morning. You may report that property is sealed jute bag is left in the custody of security guard and list is enclosed. You may obtain signature of security personnel on the list and mark your exit entry in attendance register kept at reception and security and obtain copy if possible.

You may submit a representation by email/fax/redg. post to MD/Chairman of the company covering all representation so far.

Next day morning you may submit another reminder to take charge of company property and call you to handover the reciept.

You may record everything as already suggested.

You have posted that " He further stated that the higher management is thinking of going for arbitration as client has been reconciling the already executed works & deducting bills towards few items unilateraly for which he needs my self in preparing supporting documents to protest the client's actions."

The onus should not be on you.

You may cover this part also and may mention that you have spent app. 3 hours with your reporting authority on the subject.

Dear Mr. Kumar Doab,

 Thank u very much for guiding me.

Will be in touch keeping you updated about the outcome. 

Thanks a lot!

Thank u once again. Request you for further advise on the latest development.

31.03.2012 was my lasy working day as per resignation letter and also as intimated to all on the last working day i.e., 31.03.2012.

Today Chief Manager-HR sent me an e-mail asking me to contact DGM or my reporting authority regarding the acceptance of my resignation. As mentioned earlier, my reporting authority is not accepting my resignation. During my last conversation with DGM on 31.03.2012 DGM also said that my resignation was recommended by my reporting authority and hence not accepted.

Kindly advise me of further action to be intiated for getting relieving & experience certifcate including FNF settlement.

I have appraised the new employer that my resignation is not accepted by my present organisation and I am not issued released order or relieveing letter. The new employer agreed to accept me on submission of Indemnity Bond cum Undertaking that

i) they are indemnified by me in respect of fall-outs, consequences-monetary or otherwise, etc. including damages, fines, etc. arising out of the my taking up employment with them without there being Relieving Letter/Release Order issued by my previous employer including the litigation, if any, arising out of and/or initiated by my previous employer

ii)that in the event of any litigation and/or any other action been initiated by the previous employer for any reason whatsoever including on account of the my taking up employment with them without there being Relieving Letter/Release Order from my previous employer in respect of my tenure with the previous employer in any capacity whatsoever, I will be responsible for and bear the consequences of such litigation or action by my previous employer including monetary consequences and keeps them indemnified in that regard.

Request advise on this developments.

thanks & regards,

Sorry for the typing mistake. Please read the third para as below after correction:

During my last conversation with DGM on 31.03.2012 DGM also said that my resignation was not recommended by my reporting authority and hence not accepted.

You have posted that

--"your appointment letter is signed by HR-Manager."

--"Today Chief Manager-HR sent me an e-mail asking me to contact DGM or my reporting authority regarding the acceptance of my resignation." The appointing authority and its superior are asking again and to contact reporting authority for getting acceptance of resignation. Both should have stated in writing the resignation is finally accepted or not?

--"During my last conversation with DGM on 31.03.2012 DGM also said that my resignation was recommended by my reporting authority and hence not accepted."

This is a verbal statement.

--“He repeatedly asserted that he cannot relieve me as he doesn't have competent person equivalent to my caliber and hence cannot be replaced/relieved.”

Employee should record such transactions (audio/visual). These may come handy at appropriate time in appropriate forum.

--" He further stated that the higher management is thinking of going for arbitration as client has been reconciling the already executed works & deducting bills towards few items unilaterally for which he needs my self in preparing supporting documents to protest the client's actions." The onus should not be transferred on you.

This can be an indicator that company can create a scene.

You may cover this part also and may mention that you have spent app. 3 hours with your reporting authority on the subject. You must not leave any room for company to charge you on any count.

You have pointed out that company ISI certified and every record is maintained for everything.

You may approach a competent and experienced service lawyer, immediately, and submit a carefully structured representation covering all points and transactions posted by you, your view point that every thing is properly documented and nothing is left pending by you and if the reporting authority is not able to recruit an employee of your caliber you are not at fault and must not be restrained to seek career and growth in industry with another employer. You may also narrate your grievances.

Your lawyer may choose to issue a legal notice.

You may submit a carefully structured communication even if by email to your new employer covering all points including that you are able to submit copy of resignation, proof of dispatch/delivery only and all emails/letters confirming that your company has stated time and again that your reporting authority is not able to recruit your replacement equivalent of your caliber and hence acceptance of your resignation is not being supplied to you.

Your lawyer can suggest you some additions/deletions in the language of indemnity bond.

Approach your lawyer as ap.

Appreciate for your kind advice and time you spared to look at my issue. Thank u very much.

regards,

Hi

I was not yet paid dues nor the relieving letter/experience letter/FNF statement issued to me even after 4 months passed away.  I have been reminding them gently every 20-30 days.

It was learnt through some confidential resources that myresignation was accepted by the management but my reporting authority is not sending site- clearance to the higher management claiming that I have not handed over charge before I left the organisation and has also clearly mentioned to the higher management through internal mails (not marked to me) that he can send Site-clearnces only on specific instruction from the management to send the site-clearances while assuring him that he & no one at site will be held responsible in future.

Kindly advise me for further action to get the dues paid along with experience certificate.

thanking you,

regards,

vijay

You have been communicating to take charge. If your reporting authority/line management/HR has failed to take charge it is lapse at their end. From (your posts and hence) your submissions to your company any one can conclude that you have been subjected to indiscrimination, biased, vindictive, penultimate approach, by your reporting authority, and line management and HR have played as dumb and deaf. All of them have demonstrated that they are adamant and recalcitrant.

Your gentle approach has emboldened them.

It is high time that you peruse breach of trust, and let your lawyer take over.

From your posts it is clear that employer is unwilling to act and release your dues.

If employee has resigned in line with terms and conditions expressed in appointment letter and employer violates the terms and conditions employee can proceed to set and fix the mindset of employer.

The line management and HR should have designated a superior official or HOD to take charge if reporting authority was showing tantrums. Charge is handed over to HOD.

You have granted enough opportunities and since company has not come forward it implies no charge/company property was there to be handed over.

Moreover as your resignation has been accepted all liabilities if any have to fall upon your reporting authority. It is his funeral and he has to handle it. If he is still adamant and recalcitrant and is still showing the tantrums it has to become the funeral of line management and HR. It is to be seen who is willing to be buried.

Request the good offices of your appointing authority to let you examine your personnel file. In all probabilities company shall maintain studied silence. However this shall come handy at appropriate time in appropriate forum.

In a given situation employee can  invoke the provisions of Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or approach civil court.

Obtain the copy of standing orders of the company.

Company might have extended the standing orders to executive, engineer, manager etc. Employee may refer to the explanation of employee under SE act applicable to state and check if the establishment falls under the SE Act.

e.g.

The Delhi Shops and Establishments Act, 1954

(7)  “employee” means a person wholly or principally employed, whether directly or

otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration, about the business of an

establishment and includes an apprentice and any person employed in a factory but

not governed by the Factories Act, 1948 (43 of 1948), and for the purpose of any

matter regulated by this Act, also includes a person discharged or dismissed whose

claims have not been settled in accordance with this Act;

Companies do try to provide fancy designations to its employee and burn extra energy to convince that employee is not workman, however employee should consult a competent and experienced labor consultant/service lawyer who can evaluate employee is workman or not.

Employee can approach civil court.

Under SE Act Company should supply the service/work experience certificate on last day in office. Inspector under SE Act can inspect the records and registers including your personnel file. Be specific in your complaint.

If company has accepted the resignation why it is not supplying you the original copy?

You may submit a notice to the appointing authority, MD, Chairman, Company Secretary to supply you the copy of acceptance of resignation by redg. post and may mention that you are enclosing a postage prepaid, self addressed envelope ( as purchased from PO) for supplying you the copy of resignation by redg. post at once so as to be received by you within next 7 days.

You may act smart and obtain a confirmation even if by email or a recorded transaction (audio/visual) that your resignation has been accepted and your letter and redg. post cover has been received. If you succeed in getting email you may pass it on to current employer and thus be discharged of your responsibility of supplying copy of acceptance of resignation for a while.