Hello all,
I was working in a company for last 3 months and then 1 day we came to know that there has been some mischievous activity and the company had lost some money. There were 4 of us who were related to the matter. 1 of them was terminated by the company and the other 3 of us got show cause notice. I replied the show cause notice saying that i had not done anything. After 2 days of replying, i resigned from the company.
But now they are not accepting my resignation and are saying that until the issue is closed we cant accept your resignation.
I have another offer in hand. what should i do now. I have not done anything wrong and the company also doesnt have any proof that i have done something wrong. But just to give us trouble, they are not relieving us. What should i do now. How can i join my next company.
Thanks
From India, Bangalore
I was working in a company for last 3 months and then 1 day we came to know that there has been some mischievous activity and the company had lost some money. There were 4 of us who were related to the matter. 1 of them was terminated by the company and the other 3 of us got show cause notice. I replied the show cause notice saying that i had not done anything. After 2 days of replying, i resigned from the company.
But now they are not accepting my resignation and are saying that until the issue is closed we cant accept your resignation.
I have another offer in hand. what should i do now. I have not done anything wrong and the company also doesnt have any proof that i have done something wrong. But just to give us trouble, they are not relieving us. What should i do now. How can i join my next company.
Thanks
From India, Bangalore
Dear Kailash,
As per your appointment letter, what is your notice period? You need to serve till the completion of your notice period. Have you mentioned in your resignation letter, what would be your Last Working Day (LWD)?
While accepting another job did you tell the new company about the notice period? Do they want to join immediately? If then are they ready to compensate your notice period? Did you try to extend your date of joining as much as you can?
No company can say that they cannot accept the resignation. They can hold the letter of resignation in abeyance till the completion of disciplinary proceedings. After a week or ten days, send a reminder mail/letter about your letter of resignation.
By the way, what was the exact problem that you have not mentioned. Was there some scam? Were you involved indirectly? Did you suppress the material facts? Did you fail to inform to the authorities though you were privy to the some fishy activities?
How the scam came to the light? Has any new auditor joined and to make his/her presence felt, he/she has inflated the matter out of proportion?
Please give us complete information and then only further suggestions can be given.
Thanks,
Dinesh V Divekar
From India, Bangalore
7884As per your appointment letter, what is your notice period? You need to serve till the completion of your notice period. Have you mentioned in your resignation letter, what would be your Last Working Day (LWD)?
While accepting another job did you tell the new company about the notice period? Do they want to join immediately? If then are they ready to compensate your notice period? Did you try to extend your date of joining as much as you can?
No company can say that they cannot accept the resignation. They can hold the letter of resignation in abeyance till the completion of disciplinary proceedings. After a week or ten days, send a reminder mail/letter about your letter of resignation.
By the way, what was the exact problem that you have not mentioned. Was there some scam? Were you involved indirectly? Did you suppress the material facts? Did you fail to inform to the authorities though you were privy to the some fishy activities?
How the scam came to the light? Has any new auditor joined and to make his/her presence felt, he/she has inflated the matter out of proportion?
Please give us complete information and then only further suggestions can be given.
Thanks,
Dinesh V Divekar
From India, Bangalore
Hi Dinesh,
Thanks a lot for the response.
I had mentioned in my resignation that my last working day would be dd/mm/yy. I had mentioned 'please let me know the formalities that i will have to complete'. My offer letter has the provision of either 2 months notice period or 2 months pay in lieu of notice period. I am ready to pay the notice pay. My new recruiter needs me to join ASAP.
There was a scam related to monetary transactions. The person who did it has already left the company(He was terminated by the employer even before the inquiry had started). But the management thinks that 1 person alone cant do it so they think that we all were involved.
I was called for the discussion on this matter a month ago by the management, after 2-3 weeks passed by i thought the matter is closed so i started searching for job. I got one who wanted me to join within 15 days. The day before i got the offer letter from new employer, I was given a show cause notice by email (scanned and attached in the email a show cause notice in company letter head). I did reply to that show cause.
Now they have not even given my last month's salary to me and are not accepting my resignation telling that until the inquiry is closed, they cant accept my resignation.
I have just 3-4 days to join my new employer. I fear that they will not accept my resignation telling that the inquiry is going on for next 2-3 months. I cant sit and wait for other 2-3 months without job. Also i will not go and join back the present company, as my self respect doesnt allow me to work there any more.
Please let me know how long can they give me trouble by not accepting my resignation. How long can they take to complete the enquiry. What should i do so that i can join my new employer.
From India, Bangalore
Thanks a lot for the response.
I had mentioned in my resignation that my last working day would be dd/mm/yy. I had mentioned 'please let me know the formalities that i will have to complete'. My offer letter has the provision of either 2 months notice period or 2 months pay in lieu of notice period. I am ready to pay the notice pay. My new recruiter needs me to join ASAP.
There was a scam related to monetary transactions. The person who did it has already left the company(He was terminated by the employer even before the inquiry had started). But the management thinks that 1 person alone cant do it so they think that we all were involved.
I was called for the discussion on this matter a month ago by the management, after 2-3 weeks passed by i thought the matter is closed so i started searching for job. I got one who wanted me to join within 15 days. The day before i got the offer letter from new employer, I was given a show cause notice by email (scanned and attached in the email a show cause notice in company letter head). I did reply to that show cause.
Now they have not even given my last month's salary to me and are not accepting my resignation telling that until the inquiry is closed, they cant accept my resignation.
I have just 3-4 days to join my new employer. I fear that they will not accept my resignation telling that the inquiry is going on for next 2-3 months. I cant sit and wait for other 2-3 months without job. Also i will not go and join back the present company, as my self respect doesnt allow me to work there any more.
Please let me know how long can they give me trouble by not accepting my resignation. How long can they take to complete the enquiry. What should i do so that i can join my new employer.
From India, Bangalore
Dear Kailash, Ask for the immediate appointment with your MD. Tell him the entire problem in the sequence. Request him to issue your release order. Thanks, Dinesh Divekar
From India, Bangalore
From India, Bangalore
Dear Kailash,
Following facts are needed to answer:
a. Whether two months notice period has expired, if so when.
b. whether employer issued any letter refusing acceptance of resignation.
c.whether penalty of notice period is covered by your one month's salary not paid to you and any other due or have you deposited balance amount.
d. whether any charge sheet has been issued.
e. are you covered by Industrial disputes Act.
G. Any other relevant information like any rule of prior acceptance of offer of resignation.
Thanks
From India, New Delhi
Following facts are needed to answer:
a. Whether two months notice period has expired, if so when.
b. whether employer issued any letter refusing acceptance of resignation.
c.whether penalty of notice period is covered by your one month's salary not paid to you and any other due or have you deposited balance amount.
d. whether any charge sheet has been issued.
e. are you covered by Industrial disputes Act.
G. Any other relevant information like any rule of prior acceptance of offer of resignation.
Thanks
From India, New Delhi
Hi Sushil,
a) I had served 4 days of notice period. 2 months are not over yet.
b) Yes employer had replied to my resignation saying that resignation will not be accepted unless the inquiry is completed.
c) They have deducted my 1 month's salary and i have not deposited the balance amount yet. (But i am ready to clear off any dues)
d) Yes they had issued a show cause notice to which i had already replied before my resignation.
e) I dont have the information whether i am covered by industrial disputes act or not. Please let me know how can i know if I am covered by industrial disputes act ?
f) No, I had not resigned earlier.
NEW INFO: I had asked them when will the inquiry be over and when can i come to clear the dues and collect the relieving letter. They responded by saying that I need to complete my notice period else they will issue a termination letter. And regarding relieving letter, they are telling me that they will not issue the relieving letter until the inquiry is over by law and they cant tell the tentative date by when the law will complete the inquiry.
However I have not received any paper or information from any court, so i am not sure whether they have taken this case to court or are just saying this to harass me.
Really harassed now. Unable to understand what should i do to get away from this situation. Please help.
From India, Bangalore
a) I had served 4 days of notice period. 2 months are not over yet.
b) Yes employer had replied to my resignation saying that resignation will not be accepted unless the inquiry is completed.
c) They have deducted my 1 month's salary and i have not deposited the balance amount yet. (But i am ready to clear off any dues)
d) Yes they had issued a show cause notice to which i had already replied before my resignation.
e) I dont have the information whether i am covered by industrial disputes act or not. Please let me know how can i know if I am covered by industrial disputes act ?
f) No, I had not resigned earlier.
NEW INFO: I had asked them when will the inquiry be over and when can i come to clear the dues and collect the relieving letter. They responded by saying that I need to complete my notice period else they will issue a termination letter. And regarding relieving letter, they are telling me that they will not issue the relieving letter until the inquiry is over by law and they cant tell the tentative date by when the law will complete the inquiry.
However I have not received any paper or information from any court, so i am not sure whether they have taken this case to court or are just saying this to harass me.
Really harassed now. Unable to understand what should i do to get away from this situation. Please help.
From India, Bangalore
Dear Kailash,
As you had said earlier that there is no involvement of yours in the episode so you should not worry. Before the employer proceeds he has to issue you with charge sheet stating allegations and evidence sought to be relied upon by them and seek your reply and follow the domestic inquiry and then only if allegations are proved in it when they can impose punishment of termination etc. As per your note, they are asking you to complete notice period. One month's dues they have already recovered by not paying your salary.It is not permissible for employer to retain salary and at the same time continue disciplinary proceedings threat, unless the employee is suspended. The employer need not go to court for completing such domestic inquiry. What is your nature of work and what is organization doing only decides whether you are workman or not or covered under ID Act. If the employer does not pay salary, it can be recovered under Payment of wages Act, 1936 by complaining to the Inspector.
Thanks
From India, New Delhi
As you had said earlier that there is no involvement of yours in the episode so you should not worry. Before the employer proceeds he has to issue you with charge sheet stating allegations and evidence sought to be relied upon by them and seek your reply and follow the domestic inquiry and then only if allegations are proved in it when they can impose punishment of termination etc. As per your note, they are asking you to complete notice period. One month's dues they have already recovered by not paying your salary.It is not permissible for employer to retain salary and at the same time continue disciplinary proceedings threat, unless the employee is suspended. The employer need not go to court for completing such domestic inquiry. What is your nature of work and what is organization doing only decides whether you are workman or not or covered under ID Act. If the employer does not pay salary, it can be recovered under Payment of wages Act, 1936 by complaining to the Inspector.
Thanks
From India, New Delhi
Dear Kailash, If there is no evidence against you and still the employer terminates you then, you can resort to court for setting aside termination order and recovery backwages and compensation.
From India, New Delhi
From India, New Delhi
Hi Sushil,
Thanks a lot for the info.
I have not done anything , but a normal middle class person generally doesn't want to get into court of law.
Management said to me that, the 1st person who was terminated by the company has told that whatever monetary issues that has happened i was also involved with him (all 3 of us were involved with him is what the 1st person is telling) but we dont know if really that person has told this, because when we were called for the discussion that 1st person was not present there. So i am not sure if that person has told the management our names or the management is telling these just to harass us.
One more thing, if someone tells my name in some wrong doing, will i become a convict ? All the proof which the management has got is against that 1st person alone, but management feels that 1 person alone cant do all this, so they are harassing us.
Also how will i know if a domestic inquiry has been started by the management ?
Thanks
From India, Bangalore
Thanks a lot for the info.
I have not done anything , but a normal middle class person generally doesn't want to get into court of law.
Management said to me that, the 1st person who was terminated by the company has told that whatever monetary issues that has happened i was also involved with him (all 3 of us were involved with him is what the 1st person is telling) but we dont know if really that person has told this, because when we were called for the discussion that 1st person was not present there. So i am not sure if that person has told the management our names or the management is telling these just to harass us.
One more thing, if someone tells my name in some wrong doing, will i become a convict ? All the proof which the management has got is against that 1st person alone, but management feels that 1 person alone cant do all this, so they are harassing us.
Also how will i know if a domestic inquiry has been started by the management ?
Thanks
From India, Bangalore
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc