Resigned but not accepting

Post the extract of appointment letter cluses on 'Notice Pay in lieu of Notice period' by employer and employee, termination etc .

 

 

What is this establishment; Commercial, Industrial?

You, your reposrting office, HO/Corporate/Redg office are in which state?

What is your designation and nature of duties?

How many persons are employed in company?

Do standing orders ( Model/Certified) apply to establishment and cover your designation?

You have worked for how many days/months?

 

 

 

Affirm to handover the charge on mutually convenient date/time/venue, if required.

What is your apprehension on Handover of charge/assets, if any are with you?

 

Dear Sir, It is a Sugar Industry Located at Karnataka. In appointment letter they have mentioned need to serve notice period of 2 months. I worked as IT ENGINEER. I got a good offer in anothr company and left the job without notice period. Is there any legal actions are there.

Since your appointment letter contains clause of 2 months notice period, you are required to serve that 2 months period or pay in lieu thereof. 

Moreover, you have remained absent after putting your resignation without any permission as stated in the reply of the company. If that is true, then you are liable for 'misconduct' and company can initiate discipilnary proceedings against you and can delay your exist from the company if they wish to. 

The ball is now in company's court. You better settle the issue by paying the notice pay, if you wish. 

The service conditions may not neccessarily be governed by any private agreement/rule/policy drafted by employer and signed with employee e.g; appoitment letter/contract of employment, service rules, HR policy, employee handbook etc etc ..........

The service conditions of employee may be goverened by enactments that apply to establishment/employer and employee.......

 

 

It is not clear the Dept/Div/office where you are employed is registered/covered under which enactment; factory Act/Shops & Estbs Act

As IT engineer you might be covered by th def. of 'Workman' as in ID Act.

 

You have also not clarified whether standing orders apply, in your case.

If these enactments apply these shall prevail upon any private agrement e.g; appointment letter...................

 

You may seek the help from local counsel specializing in Labor/Service matters......

 

 

If as per considered opinion of your able counsel you are not covered the personal contract that you have signed shall apply...

Dear Sir,

 

As per terms and conditions I paid 2 months Basic salary after 15 days. Is there any legal actions still. 

The action if any taken or in pipeline shall be clear by communication from management.

Have you received any communication?

 

As per your previous posts management has declared to take action as per T&C in appointment letter.

It can act as per T&C signed by you claiming that you accepted by free will.

 

In that case you would need to clarify and justify as per service conditions,rules and enactments that are applicable to establishment, employer, employee.

 

You may build rapport with current employer fro whom you resigned with immediate effect and took such chance.

They should stand by you and  should resort to any action that harms your interest........e.g; keep you on the strength of copy of resignation only and not pressing for other documents like relieving letter..

They can help and stand by you.

 

 

Employee should try to give some reasonable notice and help to handover the charge, under proper acknowledgment.

 

Contract of employment should promote equitable discretions for employer and employee or it can easily be termed arbitrary.

Can your employer terminate you with immediate effect by tendering notice pay in lieu of notice period?

You have posted that:

“As you aware that, as per the terms of the employment you have to serve the notice period of 60 days during crusing season. ………………… In appointment letter they have mentioned need to serve notice period of 2 months………………………. As per terms and conditions I paid 2 months Basic salary after 15 days.”

 

There is contradiction in your posts.

As per your last post it appears that there exists clause on ‘Notice Pay in lieu of Notice period’.

In your previous posts you have not mentioned that there is such clause or not.

The management has declined to accept your resignation (with immediate effect) as per your 1st post, and has declared you absenting and hinted to crusing season (and thus hinted to some loss although it is not clearly mentioned) and declared to take action as deemed fit.

 

Has the management communicated about any action it has contemplated against you e.g; loss due to your absenting duties, absenting and misconduct and say termination in its internal records?

 

Have you received acknowledgment, acceptance of Notice pay, acceptance of resignation subsequent to payment of notice pay, correct FnF statement showing computation of earned wages/bonus/leave encashment/etc and adjustment of notice pay and final amount that is payable by employer or employee, Form 16 as per correct FnF statement, service certificate, relieving letter, salary slips of all months, PF a/c slips of each year, ESIC card, NOC/NDC, handover of charge etc…………………………..

You will require these and clean relieving for your future use.

 

Try to get in touch with Line Managers/HR personnel/employer and clear the matter with your own skills; persuasion, persistence, negotiation, reasoning.

 

If there exists clause on ‘Notice Pay in lieu of Notice period’ then explain that you have resigned in line with clauses and have not caused any loss.

 

If you are unable to resolve by your own skills take help and support of IT/ITeSemployee's unions/counsel specializing in Labor/service matters, officials of Dept. of Labor........................

 

Dear Shri Shivakumar,

Out of 7 (seven) posts of Mr. Kumar Doab, except some sweet pills, could you get any clue to any solution to your problem?

Being a hidden petty finance executive of some company, at several times he has been advised that when he does not know anything about service laws & HR processes, he should not indulge in to misguiding or misleading any querist But, as of his habit, he has made a bid merely to confuse you so much by complicating your issue by his altogether vague, wrong and irrelevant advice or would continue to ask you like a novice petty executive or a student tending to waste your time and energy more and more without any hint on the solution.

As usual in several other cases also, with his multiple posts, Mr. Kumar Doab has created utter confusion to make your problem much more complicated than providing any specific solution.

In other words, besides creating complication in your problem by misdirecting you with his wrong advice, he has tended merely to waste your time and energy by unnecessarily loading you with multiple pages of quite irrelevant junk material with the advice to read for yourself, irrespective of whether you are able to get any clue to solve your problem or not.

 

God knows with what of his hidden intention he has tried to misguide you towards a very wrong direction.

EVEN OTHERWISE ALSO, you cannot expect any legitimate advice from a person, who always appears with a fake identity, as he has not shown his real name, photo and location in his profile. HE ALWAYS APPEARS WITH HIS FAKE IDENTITY, NEVER COMES FORWARD WITH HIS REAL NAME, PHOTO AND LOCATION PLACE. He has very openly refused to come forward with his real identity (name, photo and place of his location) at his LCI profile, even on several repeated requests.

EVEN on your specific advice to reveal his identity, he won’t oblige you to reveal his REAL NAME, PHOTO AND PLACE OF LOCATION. FOR EXPERIMENT SAKE, YOU MAY LIKE TO TRY your luck. I AM SURE, HE WON'T do that.

If an expert, he should not have felt the need to hide himself. Probability of a person hiding himself can be with the following reasons:

• Either he can be a criminal; OR
• A fraud; OR
• Cannot be an expert, but only be acting as a tout of some lawyers on commission basis to first to confuse the person struggling with a problem by making his problem more and more complicated, then recommending him about any one of the lawyer for whom he may be working. You may like to see some examples below, where Mr. Kumar Doab tried to make the problems complicated by side-tracking the issues to quite a different directions.

FOR EXAMPLE Mr. Kumar Doab confused the authors of a problem pertaining to "wife's share to property" but loaded with his HUNDREDS OF PAGES of google searched irrelevant junk material consisting of amendment of Goa Educational Rules and an Act of succession after death of the owner, while the person was still alive. You may like to see that by opening the link: https://www.lawyersclubindia.com/experts/Wife-s-right-to-share-in-property-in-Goa--626526.asp 

A question arises, when the problem did not have even a remote concern with education in Goa, for what purpose that link was provided?

ANOTHER EXAMPLE can be seen in the problem of the author concerned with “purchased property without sale deed”, but Mr. Kumar Doab gave the colour of adverse possession due to that even the experts could get misled and concentrated their advice about adverse possession of the property. The same can be seen at the link: https://www.lawyersclubindia.com/experts/Notary-land-documents-625956.asp

STILL ANOTHER EXAMPLE can be seen from the following link, where Mr. Kumar Doab tried to confuse a querist with several contradictory and vague advice when he asked a question how to tackle the problem where people are threatening the family and how to transfer the property in to their name, as those persons possess No. of cheques issued by his deceased father in lieu of some personal debts: https://www.lawyersclubindia.com/forum/details.asp?mod_id=145740&offset=3

There are several such type of examples where he used to misguide and confuse the members with his wrong advice in order to lure them to make them diverted to some of his favourite lawyers, probably to earn some commission.
 

Dear Shivakumar,

AYou may also like to ask Mr. Kumar Doab the meaning of his vague and meaningless statement, "You may build rapport with current employer fro whom you resigned with immediate effect and took such chance," particularly about the 'current employer' FRO WHOM 'you resigned' and 'took chance.'

The question artises:

- What does he wants to convey you?

- How the employer from whom you resigned can be your current employer?

- If he meant to convey the present employer by the term 'current employer, in what way he can prove helpful to you?