Dear Amod / Eswararao,/ B S Kalsi,/ Varghese Mathew / Gia & Ors members
Need your help in understanding the principle of resignation, if I am not wrong as per Any Establishment policy, it is either 1 month notice or 3 month on either side or 1 month pay or 3 month pay in lieu of not serving the terms of 1 month or 3 month.
My query is does employer insist staff to work for 1 month or 3 month as per policy without accepting the Salary in lieu of not serving the terms.
Any citation of court is the above matter is welcome , kindly revert with your valuable advise as its pertain to my own son case.
In my son case the Management is not accepting the resignation letter and giving the acknowledgement receipt.
Further in his Appointment letter it is mentioned ON CONFIRMATION to give 3 month Notice or Pay in lieu of the same.
The Management has change the policy intimating through E -Mail that from 1st April 13, Notice Pay in lieu of 3 month notice THE PRACTICE HAS BEEN STOP
Can Management resort to such practice by intimating through mail.?
Which Clause prevail Appointment letter clause OR E-Mail communication ?
What remedy is available if the Br Head is not giving the acknowledgement receipt ?
For your information there is NO Union is functioning in the establishment.
Kindly revert with your valuable advise.
Regards,
Azim Charania.
From India, Mumbai
16Need your help in understanding the principle of resignation, if I am not wrong as per Any Establishment policy, it is either 1 month notice or 3 month on either side or 1 month pay or 3 month pay in lieu of not serving the terms of 1 month or 3 month.
My query is does employer insist staff to work for 1 month or 3 month as per policy without accepting the Salary in lieu of not serving the terms.
Any citation of court is the above matter is welcome , kindly revert with your valuable advise as its pertain to my own son case.
In my son case the Management is not accepting the resignation letter and giving the acknowledgement receipt.
Further in his Appointment letter it is mentioned ON CONFIRMATION to give 3 month Notice or Pay in lieu of the same.
The Management has change the policy intimating through E -Mail that from 1st April 13, Notice Pay in lieu of 3 month notice THE PRACTICE HAS BEEN STOP
Can Management resort to such practice by intimating through mail.?
Which Clause prevail Appointment letter clause OR E-Mail communication ?
What remedy is available if the Br Head is not giving the acknowledgement receipt ?
For your information there is NO Union is functioning in the establishment.
Kindly revert with your valuable advise.
Regards,
Azim Charania.
From India, Mumbai
Hello Azim ji:
Please let me know if the change in policy email was just sent to your son after he resign or was it circulated to all staff as an announcement before 1st April 2013.
As far as my knowledge goes there is no rule under Shop or Factories Act which states that the employees has to serve the entire notice period without having the option of settling the notice period dues.
Acknowledgement of the resignation is not a big issue as far as the employee resigns and has a record of the same (email resignation). If the management does not accept or acknowledge the resignation formally it can be treated as accepted provided the individual has served the notice period.
In your case I understand your son has resigned but has not received acknowledgement from his supervisor or Management yet. He does not want to serve the complete notice period but is willing to settle the dues in lieu of the notice period. The company policy states Notice Pay in lieu of 3 month notice THE PRACTICE HAS BEEN STOPPED. Here it is very imp to know if the policy announcement was done previously itself or now after the employee resign. If the policy email has been sent now and only to your son then certainly it is a malpractice from the company side and definately you can confront the management on the same. The employee can simply go by what was given to him in writing in his appmt letter.
Hope the above info is useful.
- Gia
From India, Pune
Please let me know if the change in policy email was just sent to your son after he resign or was it circulated to all staff as an announcement before 1st April 2013.
As far as my knowledge goes there is no rule under Shop or Factories Act which states that the employees has to serve the entire notice period without having the option of settling the notice period dues.
Acknowledgement of the resignation is not a big issue as far as the employee resigns and has a record of the same (email resignation). If the management does not accept or acknowledge the resignation formally it can be treated as accepted provided the individual has served the notice period.
In your case I understand your son has resigned but has not received acknowledgement from his supervisor or Management yet. He does not want to serve the complete notice period but is willing to settle the dues in lieu of the notice period. The company policy states Notice Pay in lieu of 3 month notice THE PRACTICE HAS BEEN STOPPED. Here it is very imp to know if the policy announcement was done previously itself or now after the employee resign. If the policy email has been sent now and only to your son then certainly it is a malpractice from the company side and definately you can confront the management on the same. The employee can simply go by what was given to him in writing in his appmt letter.
Hope the above info is useful.
- Gia
From India, Pune
Dear Gianim Sir,
My Son has Join the establishment on 20th August 2012 & tendered the Hard Copy of resignation on 11th July 2013 in writing to Branch Head, he has till date has not given acknowledgement on the copy that resignation is received, unfortunately my Son has not mentioned the last working day but has mentioned to relive him, "As soon As possible". as he has got the job offer letter from Multinational Company based in UAE intimating my son to join the company by 1 August 2013.
The Present Company appointment letter state that on Confirmation 3 months notice on either side or in lieu of the same 3 month pay
While referring the resignation letter the Br head has verbally told my son that 3 month notice in lieu of Notice practice has been stopped from 1 April 2013 and you have to work for 3 months, there is No alternative.
As regards policy announcement it is done Generally prior to giving resignation letter of my son via Email from VP- HR Department and not now
My Son does not want to serve the complete notice period but is willing to settle the dues in lieu of the notice period.
Can Management resort to such practice by intimating through mail. about stoppage of Practice in lieu of Notice Period?
Which Clause prevail Appointment letter clause OR E-Mail Generally Announced ?
What remedy is available if the Br Head is not giving the acknowledgement receipt ?
Kindly revert as the time is running out as the 1 August 2013 is approaching very soon.
In case Br Head decline to give the acknowledgement copy,and my son does not full fill the terms of Notice periods either side as per Appointment letter
What Action can be contemplated by the Employer against my Son ? As stated in previous mail NO Union is functioning in the present establishment.
UAE Company does not need any relieving letter of previous employer
Regards,
Azim Charania
From India, Mumbai
My Son has Join the establishment on 20th August 2012 & tendered the Hard Copy of resignation on 11th July 2013 in writing to Branch Head, he has till date has not given acknowledgement on the copy that resignation is received, unfortunately my Son has not mentioned the last working day but has mentioned to relive him, "As soon As possible". as he has got the job offer letter from Multinational Company based in UAE intimating my son to join the company by 1 August 2013.
The Present Company appointment letter state that on Confirmation 3 months notice on either side or in lieu of the same 3 month pay
While referring the resignation letter the Br head has verbally told my son that 3 month notice in lieu of Notice practice has been stopped from 1 April 2013 and you have to work for 3 months, there is No alternative.
As regards policy announcement it is done Generally prior to giving resignation letter of my son via Email from VP- HR Department and not now
My Son does not want to serve the complete notice period but is willing to settle the dues in lieu of the notice period.
Can Management resort to such practice by intimating through mail. about stoppage of Practice in lieu of Notice Period?
Which Clause prevail Appointment letter clause OR E-Mail Generally Announced ?
What remedy is available if the Br Head is not giving the acknowledgement receipt ?
Kindly revert as the time is running out as the 1 August 2013 is approaching very soon.
In case Br Head decline to give the acknowledgement copy,and my son does not full fill the terms of Notice periods either side as per Appointment letter
What Action can be contemplated by the Employer against my Son ? As stated in previous mail NO Union is functioning in the present establishment.
UAE Company does not need any relieving letter of previous employer
Regards,
Azim Charania
From India, Mumbai
Dear Azim, I have added UAE to the topic , as the entire solution revolves under the laws of the land.
From India, Mumbai
From India, Mumbai
Hello Azim ji:
If the policy was announced to all staff then it is a company wide policy change. By the way is your son currently working in India or Dubai. If he is presently working in Dubai itself then i think you should check for any local laws which may be applicable for a expat while switching employers. Presuming he is in India and has to join a dubai Company, in that case it would best for him to negotiate with his present employer and take a smooth release. He can upfront inform that due to personal constraints he just cannot serve the full term notice but is willing to pay the notice period pay and also do his best to make a smooth transition. It would be advicable if he submits it in writing and specifies his date of release. At the end if the company still does not respond then he can take release and move on.
Regarding your query if policy changes can be communicated via email. Yes it can be.... if the announcement/applicability is for all staff.
- Gia
From India, Pune
If the policy was announced to all staff then it is a company wide policy change. By the way is your son currently working in India or Dubai. If he is presently working in Dubai itself then i think you should check for any local laws which may be applicable for a expat while switching employers. Presuming he is in India and has to join a dubai Company, in that case it would best for him to negotiate with his present employer and take a smooth release. He can upfront inform that due to personal constraints he just cannot serve the full term notice but is willing to pay the notice period pay and also do his best to make a smooth transition. It would be advicable if he submits it in writing and specifies his date of release. At the end if the company still does not respond then he can take release and move on.
Regarding your query if policy changes can be communicated via email. Yes it can be.... if the announcement/applicability is for all staff.
- Gia
From India, Pune
Dear Gianim Sir,
Presently My son is working in India - Maharashtra - Mumbai with Private Sector Bank,
As regard your submission that He can upfront inform that due to personal constraints he just cannot serve the full term notice but is willing to pay the notice period pay, Sir, my son has verbally inform to the Branch Head but is not taking heed and also not giving the acknowledgement acceptance of resignation letter on the hard copy. & verbally instructed to my Son to serve the Bank for 3 months as per change in policy announced through mail.
How to move forward in the matter please advise.
Regards,
Azim Charania.
From India, Mumbai
Presently My son is working in India - Maharashtra - Mumbai with Private Sector Bank,
As regard your submission that He can upfront inform that due to personal constraints he just cannot serve the full term notice but is willing to pay the notice period pay, Sir, my son has verbally inform to the Branch Head but is not taking heed and also not giving the acknowledgement acceptance of resignation letter on the hard copy. & verbally instructed to my Son to serve the Bank for 3 months as per change in policy announced through mail.
How to move forward in the matter please advise.
Regards,
Azim Charania.
From India, Mumbai
1. Resignation letter
Since your son has handed in the original hard copy, he should not worry about a written acknowledgment. In order to move faster on this, let him email a copy of that resignation letter (to document his action and have an email back up)... an email stating to the tune of.... Dear XXX Further to my resignation letter (copy attached) which I handed over to YYY on ....... I am writing to highlight that I have not heard any response either from HR or from my supervisor. I am making this follow up to request that I be released by this date..... As per my employment contract, I am serving my .... months notice period from the day I handed in the letter... to ..... which totals upto ... days. For the balance of .... days, I will be paying-in-lieu and have the amount deducted from my total final dues (or he can also use his outstanding leave to offset some days if he does have those days).
What I am getting at here is - he should be very clear and concise on th
From Kenya, Nairobi
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