I have given a hard copy resignation on 5-Jan-15, and the notice period is one month. However, my manager and HR are asking me to work until 27-Feb-15. I am denied any proof of my resignation, stating it will appear in the relieving letter. They have asked me to submit the health insurance ID card, and I have returned it to HR, but even then, they are not providing acknowledgment. This company is well-known for terminating employees on the last day of relieving, citing silly reasons. Female employees are made to work until 11 pm or even until 6 am the next day.
What are the legal procedures to face such companies? I have worked day and night and do not wish to get terminated or lose my experience letter or PF and other amounts. Kindly help.
From India, undefined
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What are the legal procedures to face such companies? I have worked day and night and do not wish to get terminated or lose my experience letter or PF and other amounts. Kindly help.
From India, undefined
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Since the background of the company is unfavorable, and you are anticipating termination on the last day, send a registered letter to the employer enclosing a copy of your resignation and requesting to be relieved on the scheduled date. If you wish to be relieved earlier, settle the balance of the notice period. Refer to the provisions of the Shops and Establishment Act for obtaining your relieving letter. If the employer insists on maintaining this practice, it can be challenged according to the law.
From India, New Delhi
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236From India, New Delhi
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Dear Jsai,
Issue a fresh reminder letter and attach the earlier resignation letter along with the new letter as an annexure. When you are issuing a fresh letter, ensure you mention what, how, and to whom you have handed over all tasks.
In this letter, clearly state that you are expecting your full and final settlement, as well as your relieving and experience letter, on the last day of work before 6 pm.
Send the above letter through registered post only, and mark a copy to your immediate boss, HR Director/Head, and Managing Director/CFO.
Regards,
Octavious
From India, Mumbai
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Issue a fresh reminder letter and attach the earlier resignation letter along with the new letter as an annexure. When you are issuing a fresh letter, ensure you mention what, how, and to whom you have handed over all tasks.
In this letter, clearly state that you are expecting your full and final settlement, as well as your relieving and experience letter, on the last day of work before 6 pm.
Send the above letter through registered post only, and mark a copy to your immediate boss, HR Director/Head, and Managing Director/CFO.
Regards,
Octavious
From India, Mumbai
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The HR personnel is not your employer. He/she might be willingly/unwillingly executing the private policy/inner wishes of employer or HR person is misguiding the employer....................
Since the employees have silently suffered and have not agitated the practice goes on although it is unfair,unethical,illegal,bad..............however employees are also responsible since they have accepted it as their fate...
The employees should unite to form unions and affiliate with Trade Unions and leaders know precise ways how to handle such personnel and situations…….
Probably it is conceived by employer that by terminating the employees they won’t be in market with the competitors………as their BGV can be spoiled…….however falsification of record is offence and employer can be sued for defamation, discriminatory retaliation, damages, etc…..
As you know the trends.....................it shall certainly be appropriate to build favorable written record now and defend your interest......
You should submit written representation addressed to good offices of appointing authority,MD narrating that you have submitted hard copy of notice of resignation dated.............with notice period of 30 days as per clause number.......in appointment leter dated.........issued to you, by hand in office on dated.......to Mr/Ms.......designation......dept......address....... and following items as desired by him her on dated.....................to Mr/ms.....and although you have been clamoring to get acknowledgment of notice of resignation and company property........nothing is being supplied to you..... and Mr/Ms.........has stated in office to you to work till dated...........i.e. beyond notice period ....................days applicable to you.........and you have already expressed that due to prior committements it is not possible hence good offices are requested to make arrangements to complete the exit formalities and supply you the acknowledgment and acceptance of resignation,service certificate,relieving letter,original hard copy of correct FnF statement for verification and acceptance,payment of FnF wages by bank DD,salary slips of all months,Form16 as per correct FnF statement,PF number with a/c slips,ESIC card, NOC/NDC etc..........within and upto your
effective date of resignation i.e. dated............................
YOu must mention that NO TASKS ARE PENDING AT YOUR END AND TO WHOM YOU SHOULD HANDOVER THE CHARGE WITHIN AND UPTO LAST DAY IN OFFCIE I.E. DATED……….
You can mention that it has been indicated to you that if you do not comply to the demand your employment shall be terminated during notice period as in case of many other employees…………..and good offices should intervene to take back such action…….with a confirmation copy to you……..
From India, Chandigarh
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Since the employees have silently suffered and have not agitated the practice goes on although it is unfair,unethical,illegal,bad..............however employees are also responsible since they have accepted it as their fate...
The employees should unite to form unions and affiliate with Trade Unions and leaders know precise ways how to handle such personnel and situations…….
Probably it is conceived by employer that by terminating the employees they won’t be in market with the competitors………as their BGV can be spoiled…….however falsification of record is offence and employer can be sued for defamation, discriminatory retaliation, damages, etc…..
As you know the trends.....................it shall certainly be appropriate to build favorable written record now and defend your interest......
You should submit written representation addressed to good offices of appointing authority,MD narrating that you have submitted hard copy of notice of resignation dated.............with notice period of 30 days as per clause number.......in appointment leter dated.........issued to you, by hand in office on dated.......to Mr/Ms.......designation......dept......address....... and following items as desired by him her on dated.....................to Mr/ms.....and although you have been clamoring to get acknowledgment of notice of resignation and company property........nothing is being supplied to you..... and Mr/Ms.........has stated in office to you to work till dated...........i.e. beyond notice period ....................days applicable to you.........and you have already expressed that due to prior committements it is not possible hence good offices are requested to make arrangements to complete the exit formalities and supply you the acknowledgment and acceptance of resignation,service certificate,relieving letter,original hard copy of correct FnF statement for verification and acceptance,payment of FnF wages by bank DD,salary slips of all months,Form16 as per correct FnF statement,PF number with a/c slips,ESIC card, NOC/NDC etc..........within and upto your
effective date of resignation i.e. dated............................
YOu must mention that NO TASKS ARE PENDING AT YOUR END AND TO WHOM YOU SHOULD HANDOVER THE CHARGE WITHIN AND UPTO LAST DAY IN OFFCIE I.E. DATED……….
You can mention that it has been indicated to you that if you do not comply to the demand your employment shall be terminated during notice period as in case of many other employees…………..and good offices should intervene to take back such action…….with a confirmation copy to you……..
From India, Chandigarh
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Hello Jsai,
Why don't you share the name of the company so that all others may become careful when they receive job proposals from this company? At least I would like to know the name as I feel it's important. Please mail me the same at mail8013@yahoo.com. Thanks.
Regarding your issue, The best way is to submit an email to all the concerned officials (including your superior, your functional boss, your HR boss, and the Factory Head/Corporate Head/MD/"occupier" as per the definition of the Factories Act) informing them about the resignation that you have already submitted. State the details and request to be relieved after the completion of the one-month notice period. Mark a copy to your personal ID as well and if possible, a blind copy to your new employer (so that it serves as a reference for them regarding the challenges your current employer is creating for your relieving). Therefore, even if your current employer issues you a "termination letter" on the last day of your notice period, your new employer will be prepared to welcome you, as they would already be aware of the hardship you are facing.
You can then challenge the termination later.
I hope this information is helpful to you. All the best for your future.
Cheers, AB
From India, Mumbai
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Why don't you share the name of the company so that all others may become careful when they receive job proposals from this company? At least I would like to know the name as I feel it's important. Please mail me the same at mail8013@yahoo.com. Thanks.
Regarding your issue, The best way is to submit an email to all the concerned officials (including your superior, your functional boss, your HR boss, and the Factory Head/Corporate Head/MD/"occupier" as per the definition of the Factories Act) informing them about the resignation that you have already submitted. State the details and request to be relieved after the completion of the one-month notice period. Mark a copy to your personal ID as well and if possible, a blind copy to your new employer (so that it serves as a reference for them regarding the challenges your current employer is creating for your relieving). Therefore, even if your current employer issues you a "termination letter" on the last day of your notice period, your new employer will be prepared to welcome you, as they would already be aware of the hardship you are facing.
You can then challenge the termination later.
I hope this information is helpful to you. All the best for your future.
Cheers, AB
From India, Mumbai
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Hi Jasi,
First you have written a mail to your boss regarding your resignation
(Or)
As per your appointment order terms you have to pay your notice period amount through Account Pay Cheque.
Please Note: If any reason Employer can’t hold you’re PF, it is your money so never worried about your PF.
M.S
From India, Madras
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First you have written a mail to your boss regarding your resignation
(Or)
As per your appointment order terms you have to pay your notice period amount through Account Pay Cheque.
Please Note: If any reason Employer can’t hold you’re PF, it is your money so never worried about your PF.
M.S
From India, Madras
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