Threat of abscounding from hr

You have posted that:

--“But resigning on papers may get me entangled under this clause of seperation below.”

You have joined the company and have signed the acceptance of terms and conditions of appointment letter. Each terms and condition expressed in the appointment letter has to be lawful or it shall not stand the test of law.

If you are not offered and provided what was committed to you during interviews, recruitment, and work conditions are not good, conduct of company is bad, you can term the employer unworthy of being employed with and initiate the termination of contract of employment.

However before that you may give an opportunity to employer by submitting a representation to the company preferably good offices of your appointing authority, MD, Chairman, with a copy to Head-HR.

If you have already taken up the matter with line management and HR and your pleadings have not fetched any relief then you may structure your notice of resignation in such a manner that it build record in your favor and defeats the claims of company at a later stage.

Verbal resignation has no sanctity. If you want to resign, you should resign properly and under acknowledgment.

--“decided to quit the company due inappropiate work culture (no shift allowance/no pick and drop/etc) ,”

Was this promised to you during the interview, offer, appointment, induction etc?

What are the shift timings? To attend shift you need to travel from which location to which location? Is pick up and drop required to ensure safety etc.?

Have you submitted your requirements/needs to company by a representation and what is the response of company? If your representation and response of company are both verbal you may submit the minutes of discussion.

Is there any fellow colleague/employee who has demanded the same and has been refused?

--“I don't want to continue any further with immediate effect.”

You can resign with immediate effect.

However, you should structure your resignation in such a manner that, the onus and cause of separation falls on employer.

You may request to waive off the notice pay.

--“i am ready to pay 3 month consolidated basic pay but they are  now they are threating to blacklist me at nasscom and case of abscounding if i don't resign on papers.”

If you have been appointed you should resign by submitting resignation.

You can charge the company for defamation, being vindictive, draconian, and trespassing its limits and your rights as company can not block your right to earn your livelihood.

Has NASSCHOM been empowered to blacklist an employee?

Employee should record such transactions (audio/visual) and this can come handy at appropriate time in appropriate forum.

--“Can I join a company at the end of those 5 days mentioned in the clause.”

Until you resign/terminate, or company terminates the contract of employment, technically you are an employee with the company. Without terminating first contract a new job can be termed as parallel employment.

You may terminate the current employment and take your new employer in confidence so that it supports you if current employer writes to new employer.

You may inform new employer preferably in writing even if by email, that you can provide only copy of resignation and its POD and your current employer may not issue acceptance of resignation, relieving letter, and you may be appointed on the strength of copy of resignation only.

It is felt that:

-If you are appointed as trainee there should be notice period.

-3 months notice period during probation is unreasonable.

-You may tender notice pay @ basic pay.

You may refer to SE Act applicable to your state and refer to the clause on Notice of Dismissal. You may find notice period mentioned as 15 days/1 month. As per SE Act service certificate, which is government version of relieving letter without any scope and column for adverse comments, should be issued by company to employee.

In majority of the states IT companies are exempted from Industrial Employment Standing Orders Act. There is publication that state of Karnataka is doing away with exemption. The vote bank strength of employees which is huge can force other state governments also to withdraw the exemption. Employees should join hands and peruse thru the elected leaders starting form area councilors to top and make it happen.

Employees in your sector should join hands and form unions.   

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Employee should always consult elders in the family, competent and experienced well wishers before taking a decision and signing on dotted line in haste.