Dear Sir,
Please find my attached Appointment letter from my previous Employer.
As i was on probation period over there and i had given resignation and had given notice period of 9 days bt mail because my head office and hr is in delhi and i was at ahmedabad.
i had given 9 days notice period as per my appointment letter issued to me.
Now at last day of working they send me mail and informed me that they are not ready to leave me untill new employee will come and they stuck my salary and F&F.
now after 22 days leaving company they send one letter to my home that i am absence in company from last 22 days advise with wiriting or we will take legal action against you.
So i request you kindly please advise what to do in such case. Can i file legal notice against company that i need my salary and i had done everything as per rules.
What i have one concern is that if you read my appointment letter then is mentioned that 7 days notice period is required and also mentioned that resignation would become effective only from date of acceptance thereof.
So they are fight with me according to above sentence.\
I think it is not right because if employer will not accept my resignation till next 6 months so it is not necessary that i need to work over there..!!
Kindly advise what to do now..?
Regards,
Nirmal Darji.
9924253255
From India, Ahmedabad
Please find my attached Appointment letter from my previous Employer.
As i was on probation period over there and i had given resignation and had given notice period of 9 days bt mail because my head office and hr is in delhi and i was at ahmedabad.
i had given 9 days notice period as per my appointment letter issued to me.
Now at last day of working they send me mail and informed me that they are not ready to leave me untill new employee will come and they stuck my salary and F&F.
now after 22 days leaving company they send one letter to my home that i am absence in company from last 22 days advise with wiriting or we will take legal action against you.
So i request you kindly please advise what to do in such case. Can i file legal notice against company that i need my salary and i had done everything as per rules.
What i have one concern is that if you read my appointment letter then is mentioned that 7 days notice period is required and also mentioned that resignation would become effective only from date of acceptance thereof.
So they are fight with me according to above sentence.\
I think it is not right because if employer will not accept my resignation till next 6 months so it is not necessary that i need to work over there..!!
Kindly advise what to do now..?
Regards,
Nirmal Darji.
9924253255
From India, Ahmedabad
Hi,
As per my experience, you can not leave the Company until they accept your request. So talk to your management and request them to release from the duties. May I know the reason for your resignation over there. Please discuss that with the human resource where you can find a solution if you looking for, transfer, promotion or more compensation.
From India, Hyderabad
2As per my experience, you can not leave the Company until they accept your request. So talk to your management and request them to release from the duties. May I know the reason for your resignation over there. Please discuss that with the human resource where you can find a solution if you looking for, transfer, promotion or more compensation.
From India, Hyderabad
I do agree with Bhargavi, you must not leave your company or stop continuing your work like this while you know that your management has never accepted your resignation however; you deserve the right to resign with notice period of a week.
Second, you need to go through the Appointment Latter with clause #8 of Resignation, where it has clearly stated that you cannot be relieved of your duties until your resignation accepted by them or without handover the charge but you stop going there and continuing your work that I allowed them to mark you absent from job and sent you this letter.
We can just give you the direction, but ultimately its you who have to take actions, so without having any communication with your HR in this case, you cannot get the solution of it.
I second, Bhargavai want to know what made you feel to take this action or the reasons of your resignation. Instead of showing your absences or stop continuing your work, you might have requested them to relieve you with giving valid reasons, well now you must speak to your HR personnel in this regard and let us know the development.
From India, Gurgaon
Second, you need to go through the Appointment Latter with clause #8 of Resignation, where it has clearly stated that you cannot be relieved of your duties until your resignation accepted by them or without handover the charge but you stop going there and continuing your work that I allowed them to mark you absent from job and sent you this letter.
We can just give you the direction, but ultimately its you who have to take actions, so without having any communication with your HR in this case, you cannot get the solution of it.
I second, Bhargavai want to know what made you feel to take this action or the reasons of your resignation. Instead of showing your absences or stop continuing your work, you might have requested them to relieve you with giving valid reasons, well now you must speak to your HR personnel in this regard and let us know the development.
From India, Gurgaon
Hi AK Arora,
Thank you so much for your valuable suggestion. First i resign because there is no work over there full day i had to spent time and no knowledgeable work over there it is mainly time pass job and i am at the stage where i need to learn a lot.
Secondly if company dont accept my resignation till next 6 month then it is necessary to do work till next month.? and i gave resignation because i start my own business means travel agency which is same where i worked there.! i gave valid reason and explain everything but they are not ready to understand and compromise with me.I did everything as per rules of organisation i had given notice of 9 days where they required 7 days in probation period.
Now i just wanted to know that now which step they will take against me and what step i will authorized to take to get my last month salary.
I hope you both understand an employees situation.I think No body can stop any employee to leave his place if he wants.!
Nirmal
From India, Ahmedabad
Thank you so much for your valuable suggestion. First i resign because there is no work over there full day i had to spent time and no knowledgeable work over there it is mainly time pass job and i am at the stage where i need to learn a lot.
Secondly if company dont accept my resignation till next 6 month then it is necessary to do work till next month.? and i gave resignation because i start my own business means travel agency which is same where i worked there.! i gave valid reason and explain everything but they are not ready to understand and compromise with me.I did everything as per rules of organisation i had given notice of 9 days where they required 7 days in probation period.
Now i just wanted to know that now which step they will take against me and what step i will authorized to take to get my last month salary.
I hope you both understand an employees situation.I think No body can stop any employee to leave his place if he wants.!
Nirmal
From India, Ahmedabad
Hi Nirmal,
See you are working for a Company where your personal reasons may not be valid, as the same case alike your thinking.. Company never leave the people on whom they had faith etc. As you mentioned in the above reply.. currently you are working for a Travel Agency and again you started your own business on the same field. So no company will encourage their competitors. Might be they are feeling like you as their competitor. And you need to act very smart at this situation.. anyways I hope its bitter complicated issues to relieve from your duties,. Better to convice the HR with other reasons.. here you should show your smartness and try to get out from there.
From India, Hyderabad
See you are working for a Company where your personal reasons may not be valid, as the same case alike your thinking.. Company never leave the people on whom they had faith etc. As you mentioned in the above reply.. currently you are working for a Travel Agency and again you started your own business on the same field. So no company will encourage their competitors. Might be they are feeling like you as their competitor. And you need to act very smart at this situation.. anyways I hope its bitter complicated issues to relieve from your duties,. Better to convice the HR with other reasons.. here you should show your smartness and try to get out from there.
From India, Hyderabad
Hi, see your employer can’t take any legal action or anything like this but can hold your F&F and we know that they have done their job that brought us to discussion this case here.
Now you just need to request your HR personnel with a written letter by referring your resignation (Date and Reasons) to relieve you, but do never claim that you have done as per stated terms and conditions of resignation.
Second, there is no need to say that you have started your own business with the same industry as Mr Bhargavi said that no company would encourage their competitors, and this may create more difficult for you to convince them. However, you deserve the right to get your F&F you can get it wisely but with a humble request
From India, Gurgaon
Now you just need to request your HR personnel with a written letter by referring your resignation (Date and Reasons) to relieve you, but do never claim that you have done as per stated terms and conditions of resignation.
Second, there is no need to say that you have started your own business with the same industry as Mr Bhargavi said that no company would encourage their competitors, and this may create more difficult for you to convince them. However, you deserve the right to get your F&F you can get it wisely but with a humble request
From India, Gurgaon
Dear Nirmal,
Your relieving clause is already mentioned in your appointment letter & you have also accept the same. So,
better way you can contact to your HR or any expert labour lawyer.
With Regards,
Vineet Deshmukh
From India, Yavatmal
Your relieving clause is already mentioned in your appointment letter & you have also accept the same. So,
better way you can contact to your HR or any expert labour lawyer.
With Regards,
Vineet Deshmukh
From India, Yavatmal
Dear Nirmal,
Need some information from your end that before leaving the organisation u have not given any hard copy resignation to your Department Head which is approved by him or any hard copy resignations accepted scan copy to HR at Delhi office. If u have given then definitely u are having a receive copy of courier or mail.
If u have that then that is also sufficient proof for u that before 7 days u have given the resignation. Since it is clearly mentioned in your appointment letter that u can resign by giving one week notice in writing since u r in probation
If u have all received copies with u kindly directly approach to ur Delhi HR persons solution will come out.
Thanks/Regards
Ratikanta Rath
From India, Durgapur
Need some information from your end that before leaving the organisation u have not given any hard copy resignation to your Department Head which is approved by him or any hard copy resignations accepted scan copy to HR at Delhi office. If u have given then definitely u are having a receive copy of courier or mail.
If u have that then that is also sufficient proof for u that before 7 days u have given the resignation. Since it is clearly mentioned in your appointment letter that u can resign by giving one week notice in writing since u r in probation
If u have all received copies with u kindly directly approach to ur Delhi HR persons solution will come out.
Thanks/Regards
Ratikanta Rath
From India, Durgapur
Hi Ratikanta Rath,
Good Morning.
Nirmal applied for resignation but the management is not approving. So in such case how can he get a Resignation Acceptance copy.
As he dint thought all these circumstances, he may not be taken a copy of his resignation letter too.
Nirmal your presence is important right now.. Answer to the questions so that Ratikanta Rath may help you ..
From India, Hyderabad
Good Morning.
Nirmal applied for resignation but the management is not approving. So in such case how can he get a Resignation Acceptance copy.
As he dint thought all these circumstances, he may not be taken a copy of his resignation letter too.
Nirmal your presence is important right now.. Answer to the questions so that Ratikanta Rath may help you ..
From India, Hyderabad
HI all,
Thank you very much for your valuable suggestion. I sent my resignation to HR by mail and i have a copy of that. and i also sent my resignation by couriour by my personnel expences.so i have a proof. Now they send me mail on my last day that we will not leave you untill new will come so in that case if employer dont get any employee then what to do for me.? i can not wait till new will come.Any management or HR never leave you easy way. they will trouble you at any how.! As Ratnakaran is right .
Nirmal
From India, Ahmedabad
Thank you very much for your valuable suggestion. I sent my resignation to HR by mail and i have a copy of that. and i also sent my resignation by couriour by my personnel expences.so i have a proof. Now they send me mail on my last day that we will not leave you untill new will come so in that case if employer dont get any employee then what to do for me.? i can not wait till new will come.Any management or HR never leave you easy way. they will trouble you at any how.! As Ratnakaran is right .
Nirmal
From India, Ahmedabad
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