Thank you for your reply Mr.Saji.
Law will take more time but will I be favored?
Why I am more concerned is not only in my case in my juniors case they threatened them that they will terminate if they give resignation and ask for 1 month notice.
I asked them if company is not accepting 1 month notice then company has to pay them that months salary. For that they said it not your problem if they need then they can complain.
Finally my junior left the job without that 1 month notice and without pay.
Now they did this to me so I need to some how show them that what they are doing it wrong.
From India, Chennai
Law will take more time but will I be favored?
Why I am more concerned is not only in my case in my juniors case they threatened them that they will terminate if they give resignation and ask for 1 month notice.
I asked them if company is not accepting 1 month notice then company has to pay them that months salary. For that they said it not your problem if they need then they can complain.
Finally my junior left the job without that 1 month notice and without pay.
Now they did this to me so I need to some how show them that what they are doing it wrong.
From India, Chennai
If you do not have any supervisory or administrative capacity like approving leave, issuing charge sheet, or any subordinates whom you have the authority to control then you can come under the purview of workman under ID Act irrespective of your designation.
And surely you can send them legal notice.
From India, Kolkata
243And surely you can send them legal notice.
From India, Kolkata
Thank You for your reply Mr. Ritesh
I dont have the administrative power to approve leave. But I have subordinates under me.
So I cannot come under workman.
Thank you I will send legal notice surely if things didnt move out smoothly.
Anyway I got a call from my office they are asking me to meet them on Monday.
Is there any precautions I need to take care of.
Kindly suggest if any.
From India, Chennai
I dont have the administrative power to approve leave. But I have subordinates under me.
So I cannot come under workman.
Thank you I will send legal notice surely if things didnt move out smoothly.
Anyway I got a call from my office they are asking me to meet them on Monday.
Is there any precautions I need to take care of.
Kindly suggest if any.
From India, Chennai
Dear Buvanesh
Law will take more time but will I be favored? No as per my view point. Why because at the end the employer will state that they have relieved you immediately after your resignation, they don't require your notice. Hence you will get the salary till the day you have put your resignation and the relieving and experience certificate etc. Legally you cannot bound your employer to pay for 1 month notice period. If you still think that you should fight it out legally you can but will be wasting your money/time.
From India, Ahmadabad
Law will take more time but will I be favored? No as per my view point. Why because at the end the employer will state that they have relieved you immediately after your resignation, they don't require your notice. Hence you will get the salary till the day you have put your resignation and the relieving and experience certificate etc. Legally you cannot bound your employer to pay for 1 month notice period. If you still think that you should fight it out legally you can but will be wasting your money/time.
From India, Ahmadabad
The only precaution to be taken care of, is that be firm, and get the maximum benefit out of the situation amicably.
From India, Ahmadabad
From India, Ahmadabad
Dear Saji
Thank you for the reply.
Actually I am not into to fight for accepting my 1 month notice or salary. I am only going to fight to relieve me properly by giving me relieving letter & experience certificate instead of the termination letter they sent to me after my resignation. So what about in this case ?
Yes I am only going to move smoothly with them because I only need proper relieving from them nothing else more.
one more question I have is if they are not giving me relieving letter on monday should I hand over my office sim to them or else I can have it by myself as I have mentioned in my reply letter I am ready to hand over my sim and collect my letter.
From India, Chennai
Thank you for the reply.
Actually I am not into to fight for accepting my 1 month notice or salary. I am only going to fight to relieve me properly by giving me relieving letter & experience certificate instead of the termination letter they sent to me after my resignation. So what about in this case ?
Yes I am only going to move smoothly with them because I only need proper relieving from them nothing else more.
one more question I have is if they are not giving me relieving letter on monday should I hand over my office sim to them or else I can have it by myself as I have mentioned in my reply letter I am ready to hand over my sim and collect my letter.
From India, Chennai
Dear Buvanesh
As mentioned earlier your resignation mail was shoot at first, there after the termination letter was mailed to you so it does not carry any value to the new employer. While meeting with the seniors be firm and ask for the relieving letter since you have resigned. If they talk about termination then you should ask for the report for the domestic enquiry conducted for the misconduct, the show cause notice given to you etc. which will backfire them and am sure that they will relieve you amicably. You have to be firm and tell the senior management that you are planning to go legal if required so, and you have sufficient proof to prove your innocence on the misconduct charged/leveled against you. With regards to holding the SIM Card and/or other stuff of the company is not relevant to your fight for relieving letter than the termination letter.
From India, Ahmadabad
As mentioned earlier your resignation mail was shoot at first, there after the termination letter was mailed to you so it does not carry any value to the new employer. While meeting with the seniors be firm and ask for the relieving letter since you have resigned. If they talk about termination then you should ask for the report for the domestic enquiry conducted for the misconduct, the show cause notice given to you etc. which will backfire them and am sure that they will relieve you amicably. You have to be firm and tell the senior management that you are planning to go legal if required so, and you have sufficient proof to prove your innocence on the misconduct charged/leveled against you. With regards to holding the SIM Card and/or other stuff of the company is not relevant to your fight for relieving letter than the termination letter.
From India, Ahmadabad
Dear Saji,
Thank You so much for your advice.
Dear All,
Thank You so much for your time and help.
Things moved out smoothly. I got my relieving letter.
For experience letter they said to send them my VISA copy or airline ticket so that they will give me my experience letter.
As I was to move smoothly I said okay and collected my relieving letter. In my relieving letter itself the work duration is mentioned. SO I hope experience letter is not much needed.
Once again I thank you all for your concern in me. Thank You so much. You all mean a lot to me.
From India, Chennai
Thank You so much for your advice.
Dear All,
Thank You so much for your time and help.
Things moved out smoothly. I got my relieving letter.
For experience letter they said to send them my VISA copy or airline ticket so that they will give me my experience letter.
As I was to move smoothly I said okay and collected my relieving letter. In my relieving letter itself the work duration is mentioned. SO I hope experience letter is not much needed.
Once again I thank you all for your concern in me. Thank You so much. You all mean a lot to me.
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Procedure-of-Re gistration-of-N ew-Pvt-Ltd-Comp any[1].pdf
Company Profile.ppt