Dear sir/mam,
I worked with one well known company for almost 1.2 yrs , I wanted to leave the organisation due to joining some other organisation, and did not serve the notice period of three months. And keep on writing and calling hr and supiriors but no one respond on that. Finally left the org handing over all my responsibilities to my supirior. Abd informed my last working date. I wsnted to pay for brocken notice Period. But no one responded. Now my fnf and service certificate came but with status " reason for saparation -restricted" suggest what to do??
I want to file a case against
From India, undefined
I worked with one well known company for almost 1.2 yrs , I wanted to leave the organisation due to joining some other organisation, and did not serve the notice period of three months. And keep on writing and calling hr and supiriors but no one respond on that. Finally left the org handing over all my responsibilities to my supirior. Abd informed my last working date. I wsnted to pay for brocken notice Period. But no one responded. Now my fnf and service certificate came but with status " reason for saparation -restricted" suggest what to do??
I want to file a case against
From India, undefined
It seems you have no realization of your mistakes or don't even want to accept it.
You know that you left your job even without serving notice period which is a violation of employment rules that you were agreed for at the time of joining and were expecting them to reply you on your unprofessional and unethical behaviour.
It is better to move on by accepting your mistakes and with a promised to yourself for learning with your present and not to repeat the same in future if you really wish to have a good future in the industry because there is no place for the unprofessional and immature people like you.
Lastly, you have done nothing right that can help you in your case to go legal against your employer anyway.
From India, Gurgaon
664You know that you left your job even without serving notice period which is a violation of employment rules that you were agreed for at the time of joining and were expecting them to reply you on your unprofessional and unethical behaviour.
It is better to move on by accepting your mistakes and with a promised to yourself for learning with your present and not to repeat the same in future if you really wish to have a good future in the industry because there is no place for the unprofessional and immature people like you.
Lastly, you have done nothing right that can help you in your case to go legal against your employer anyway.
From India, Gurgaon
Sometimes opportunities for employees do not wait for 3 months. The employee did not abscond but repeatedly informed management in writing of his resignation w.e.f. specific date and he was ready to pay for broken period of notice. Can employer compel one to work despite these. No. It can maximum call for compensating it by paying notice period. Even court cannot issue injunction against him to work for 3 months. Legally speaking even 3 months notice period was even contrary to Shops and Establishment Act. And if we further look into his designation and duties he may be workman. If that be so notice period could not have been more than one month. In the eyes of law after the expiry of notice period as per law, he shall be deemed to have been relieved. Thus having rendered more service than legally prescribed notice period, he can assert for clean relieving certificate instead of telling restricted. If the employee goes to court, the insistance of employer for three months notice will be held invalid as contrary to these statutory provisions. Employer should rather enter into terms which are legally valid. What is the remedy. He can make a request to employer to revise the relieving certificate failing which approach the inspector under the Shops and Establishment Act or if he is a workman then approach the Labour Commissioner. What if notice period prescribed was six months, would the employee have adhered to that period and then only thought of quitting. By that time the next employer would not have waited for him.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Hi,
I strongly disagree with the views expressed by Mr. Anil.
If the person has resigned via official channel, then the "reason for separation" cannot be called as "Restricted".
If ‘jobseakar’ has proof that he was willing to pay for the notice period, & HR did not respond in time, “as agreed in the contract” with their discretion; then the organization should accept the payment with goodwill & let the employee go with clean record.
It is not the employee who is mistaken here, but the organization & their HR department.
Many times HR behaves like they 'own' the employees. This is the indication, where HR stops responding to any communication from employee in such cases. Is it not outright rude to not even respond to official communication from employee?
The morality of any organization depends much more on the morality of HR department, even then the management itself.
It is very unfortunate that we find people around & even on this forum to support such foul practices.
Hopefully, people like 'jobseaker' may fight upto their strength & try to bring change towards betterment of employment.... I express my best wishes for that.....
Best Regards,
Amod.
I strongly disagree with the views expressed by Mr. Anil.
If the person has resigned via official channel, then the "reason for separation" cannot be called as "Restricted".
If ‘jobseakar’ has proof that he was willing to pay for the notice period, & HR did not respond in time, “as agreed in the contract” with their discretion; then the organization should accept the payment with goodwill & let the employee go with clean record.
It is not the employee who is mistaken here, but the organization & their HR department.
Many times HR behaves like they 'own' the employees. This is the indication, where HR stops responding to any communication from employee in such cases. Is it not outright rude to not even respond to official communication from employee?
The morality of any organization depends much more on the morality of HR department, even then the management itself.
It is very unfortunate that we find people around & even on this forum to support such foul practices.
Hopefully, people like 'jobseaker' may fight upto their strength & try to bring change towards betterment of employment.... I express my best wishes for that.....
Best Regards,
Amod.
My view is that it should be remembered by all that whatever one intends to post his comment on this site, should be justified, impartial and appealing to readers. Masses should be able to really gain out of it. Today's generation can easily make out erroneous approaches. Before one inks down one should think that after 15 years also when our succeeding generation happen to read these, they should feel proud of our contributions. Moreover, we should also not regret at that period of time that we should not have treaded that path. The contributions on this site go down in history like judgments of High Courts and Supreme Court and can be searched upon at any time. Is this site not like a popular news paper which compels one in the morning itself to glue to news paper to see their relevant material.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
The company has been unfair in their dealings.
The very fact that your superior has taken over your duties etc is an indication that the company has agreed to your exiting the company.
I hope you have copies of letters written to the company abut your wanting to leave.
To get a clean relieving certificate I would suggest that you send a legal notice to the company.
Though our processes of law are time consuming and you should be normally busy in your career and not legal battles,but here after reading what you have stated it appears that the legal way is the only recourse left.
The company may change its mind after getting a proper legal notice with facts and arguements and relief clearly spelt out and could sort the matter before it reaches a court of law.
From India, Pune
The very fact that your superior has taken over your duties etc is an indication that the company has agreed to your exiting the company.
I hope you have copies of letters written to the company abut your wanting to leave.
To get a clean relieving certificate I would suggest that you send a legal notice to the company.
Though our processes of law are time consuming and you should be normally busy in your career and not legal battles,but here after reading what you have stated it appears that the legal way is the only recourse left.
The company may change its mind after getting a proper legal notice with facts and arguements and relief clearly spelt out and could sort the matter before it reaches a court of law.
From India, Pune
Well, your reaction made me feel like you already have experienced such kind of things in the past that made you feel like to react on this Mr Amod, and you couldn’t understand her query properly but I appreciate your as well as the others responses too.
Kindly answer the following with your best understanding:
1) Is she said that she resigned properly or according to the agreed T&Cs and having the acceptance of it?
-and if it was rejected, then she must have any reply from them because it is not possible that the employer won't reply her whether it was in her favor or not, that is missing from her query.
2) she said that she left the company by giving COMPLETE HANDOVER to her superior, how?
-if employer was not ready to relieve her, and
-if her superior was not replying or supporting her to her request to leave early without serving notice period then how she was able to complete handover formalities?
3) You think the seniors and superiors were harassing and enjoying her situation intentially but was not ready to relieve her or they are fool because they didn't want her to go away with her terms although she was ready to compensate the loss of employer, but still they were ready for this botheration. right? just think about it.
4) You think the employer have that much of time to waste for such employees.
5) and suddenly she got her F&F and a service certificate, how?
- which is against the rule and is an un-professional act because due to the ongoing issue and as she didn’t get any response from her HR department, she won't be able to get the same,
It is really common to accuse employer so easily of such things but employee and their well wishers never like to understand the part of employer and employee could have done the mistakes, people like you believe that employee is always right and can't do anything wrong that becomes the reason of strict actions by employers.
If the employer really wanted to bother her, like she has expressed above, she wouldn't be able to get her F&F and certificate and she had to go long and advance to get justice, but she got her F&F so easily even been provided a service certificate that apparently says how much the employer supporting her and understood the situation.
From India, Gurgaon
Kindly answer the following with your best understanding:
1) Is she said that she resigned properly or according to the agreed T&Cs and having the acceptance of it?
-and if it was rejected, then she must have any reply from them because it is not possible that the employer won't reply her whether it was in her favor or not, that is missing from her query.
2) she said that she left the company by giving COMPLETE HANDOVER to her superior, how?
-if employer was not ready to relieve her, and
-if her superior was not replying or supporting her to her request to leave early without serving notice period then how she was able to complete handover formalities?
3) You think the seniors and superiors were harassing and enjoying her situation intentially but was not ready to relieve her or they are fool because they didn't want her to go away with her terms although she was ready to compensate the loss of employer, but still they were ready for this botheration. right? just think about it.
4) You think the employer have that much of time to waste for such employees.
5) and suddenly she got her F&F and a service certificate, how?
- which is against the rule and is an un-professional act because due to the ongoing issue and as she didn’t get any response from her HR department, she won't be able to get the same,
It is really common to accuse employer so easily of such things but employee and their well wishers never like to understand the part of employer and employee could have done the mistakes, people like you believe that employee is always right and can't do anything wrong that becomes the reason of strict actions by employers.
If the employer really wanted to bother her, like she has expressed above, she wouldn't be able to get her F&F and certificate and she had to go long and advance to get justice, but she got her F&F so easily even been provided a service certificate that apparently says how much the employer supporting her and understood the situation.
From India, Gurgaon
Having given the notice of resignation and by repeatedly informing the employer and even ready to pay the shortfall of notice period, and after the expiry of one month, an employee cannot be forced to work in the guise of terms and conditions which are contrary to Shops and Establishment and if the employee happens to be a workman then even contrary to section 25F notice period laid under the Industrial Disputes Act. Such term of contract of service is illegal on the face of it and one cannot say whether employee "resigned properly or according to the agreed T&Cs and having the acceptance of it". After the employee has tendered the resignation, the onus was on employer to reject the resignation if any disciplinary action was contemplated against the employee. The handing over or taking over has to be done by employer within the statutory notice period. If the employee absconds with any articles of the employer he is liable for prosecution under section 406 IPC. There are number of threads on this site in which harassment of women employees by even ex-employers is noticed stating that they will spoil their future by giving wrong feed backs. So ultimately the court has to examine the legality of issues on the touchstone of statutory provisions only. The following extracts of Apex Court decisions will clarify the doubts:
Supreme Court of India
Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990
“Under and as a part of the said Act, model standing' orders are set out and Standing Order No. 13 provides for simple termination of employment by giving one month's notice etc. Similarly, there are provi- sions under various Shops and Establishments Acts of different States providing for termination of employment of perma- nent employee after giving one month's notice or pay in lieu of notice. Attention of this Court was invited to s. 30 of Delhi Shops and Establishments Act.”
Supreme Court of India
N.S. Giri vs The Corporation Of City Of ... on 14 May, 1999
“8. As regards sick leave and casual leave however the position is that Section 22 fixed a maximum of 12 days total leave for sickness or casual leave with full wages. We do not see how this peremptory direction of the Legislature can be disregarded by a Tribunal.”
Thanks
Sushil
From India, New Delhi
Supreme Court of India
Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990
“Under and as a part of the said Act, model standing' orders are set out and Standing Order No. 13 provides for simple termination of employment by giving one month's notice etc. Similarly, there are provi- sions under various Shops and Establishments Acts of different States providing for termination of employment of perma- nent employee after giving one month's notice or pay in lieu of notice. Attention of this Court was invited to s. 30 of Delhi Shops and Establishments Act.”
Supreme Court of India
N.S. Giri vs The Corporation Of City Of ... on 14 May, 1999
“8. As regards sick leave and casual leave however the position is that Section 22 fixed a maximum of 12 days total leave for sickness or casual leave with full wages. We do not see how this peremptory direction of the Legislature can be disregarded by a Tribunal.”
Thanks
Sushil
From India, New Delhi
Dear Jobseeker,
Your query has generated heat in addition to throwing some light. As a non HR person, I am not clear as to how you went about your contractual obligations. What sort of job were you doing in the company and how much notice did you give them in writing? I wonder why you kept on calling and writing to HR and did not visit them! Is there no HR on site but located at the HQ? If you could handover your responsibilities to your superior, what was his/her take on your resignation?
From United Kingdom
Your query has generated heat in addition to throwing some light. As a non HR person, I am not clear as to how you went about your contractual obligations. What sort of job were you doing in the company and how much notice did you give them in writing? I wonder why you kept on calling and writing to HR and did not visit them! Is there no HR on site but located at the HQ? If you could handover your responsibilities to your superior, what was his/her take on your resignation?
From United Kingdom
I completely agree with you Amod.
i have a similar problem. Please help me.
Dear seniors. Please help me out.
I worked in a company for more than a year in a different state. Because of my fathers health I was supposed to go back to my native place(state). So my previous employer did not accept that and we had a small conflict overthere. On a fine discussion they said That the hr manager will be giving me a releiving letter. But later I came to know that i was terminated from the company. When i went to ask them the experience letter and the relieving letter. They said they wont give any such letters. That cunning manager has ruined my life. Now after a long period of time and struggle and hardwork i am again going to join in a new company in my hometown or state. Now my question is as i had a previous pf account created linked to my pan card by my previous company. Will there be any issue if my new company creates a new salary account in the same bank? And will they be able to find out my previous employment details by using the PAN card or PF account details. If so can I close that pf account or can i opt for a new PAN card?? Is there an alternative to fix this issue. I dont want my current employer to get to know about the previous companys details. My question is when i submit my pan card details and when they try to open a new pf account will they come to know that i already had a pf account linked to my PAN card. If so how to get out of this problem. Can i change my PAN card or close it and opt for a new one. How can i close the pf account is there a way to do so. What about my bank account shall i close it. Please help me this answer may help me to establish my career. I would be very greatful to you if anyone helped me to get out of this problem. I dont want my current employer to know about my previous companys details by verifying my bank account or my PF account. How can i stop that happening. Sooner reply or answer is very much appreciated. Thanks in advance. Waiting for your reply.
From India, Hyderabad
i have a similar problem. Please help me.
Dear seniors. Please help me out.
I worked in a company for more than a year in a different state. Because of my fathers health I was supposed to go back to my native place(state). So my previous employer did not accept that and we had a small conflict overthere. On a fine discussion they said That the hr manager will be giving me a releiving letter. But later I came to know that i was terminated from the company. When i went to ask them the experience letter and the relieving letter. They said they wont give any such letters. That cunning manager has ruined my life. Now after a long period of time and struggle and hardwork i am again going to join in a new company in my hometown or state. Now my question is as i had a previous pf account created linked to my pan card by my previous company. Will there be any issue if my new company creates a new salary account in the same bank? And will they be able to find out my previous employment details by using the PAN card or PF account details. If so can I close that pf account or can i opt for a new PAN card?? Is there an alternative to fix this issue. I dont want my current employer to get to know about the previous companys details. My question is when i submit my pan card details and when they try to open a new pf account will they come to know that i already had a pf account linked to my PAN card. If so how to get out of this problem. Can i change my PAN card or close it and opt for a new one. How can i close the pf account is there a way to do so. What about my bank account shall i close it. Please help me this answer may help me to establish my career. I would be very greatful to you if anyone helped me to get out of this problem. I dont want my current employer to know about my previous companys details by verifying my bank account or my PF account. How can i stop that happening. Sooner reply or answer is very much appreciated. Thanks in advance. Waiting for your reply.
From India, Hyderabad
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