I was Working In A Company For 6 months and resigned (served the notice period also) because of some personal reasons. But the resignation was not accepted by the manager(after discussing once), then after completing the month I left the organization. Now after 4 months I have received the termination letter from the organization for not attending office and without approval of reporting manager.
They did not contacted me even once on my contact no. and not a single mail has been received.
Will this termination create any hinderance in my future job(currently I am not working anywhere). Can I Claim For The Pf.
From India, Ghaziabad
They did not contacted me even once on my contact no. and not a single mail has been received.
Will this termination create any hinderance in my future job(currently I am not working anywhere). Can I Claim For The Pf.
From India, Ghaziabad
PF can always be claimed.Money accumulated in PF is not subject to any sort of attachment.
Problem which is seen here is the fact that no written acceptance of resignation is available.You served notice period and finally landed up in a situation where your termination is stigmatic.
Do try to meet the management people and give them the whole facts in writing and get proper release.
The new employer may not be happy when they see this kind of termination letter.
It could affect future jobs if the company is strict about related documentation of exit from previous employer.
From India, Pune
3131Problem which is seen here is the fact that no written acceptance of resignation is available.You served notice period and finally landed up in a situation where your termination is stigmatic.
Do try to meet the management people and give them the whole facts in writing and get proper release.
The new employer may not be happy when they see this kind of termination letter.
It could affect future jobs if the company is strict about related documentation of exit from previous employer.
From India, Pune
After having served notice period, you are deemed to have been relieved despite non acceptance of resignation when there is no disciplinary proceeding pending against you. Reply through legal notice to give you relieving certificate. Failing which approach the inspector under the Shops and establishment Act to get you the letter. The termination letter is null and void.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
If there is no such legal & or any complaint against you and if you have work in the entire notice period time in your previous company you are entitled to get the P.F. and against the termination letter you may serve the legal notice to the authority who have signed the termination letter and copy to Human Rights.You have no problems in future job.But for your better future you ask the release letter through legal format.You may discuss with your legal adviser telling the fact.
From India, Calcutta
From India, Calcutta
Dear Friend,
In this scenario u r on faulty side...when ur reporting manager had not accepted ur resignation then how u can assumed that u r in notice period. Its very obvious that u were absconded employee. Thats y they have sent u termination.
I think this is fair enough treatment for your act.
Rgsd
From India, Mumbai
In this scenario u r on faulty side...when ur reporting manager had not accepted ur resignation then how u can assumed that u r in notice period. Its very obvious that u were absconded employee. Thats y they have sent u termination.
I think this is fair enough treatment for your act.
Rgsd
From India, Mumbai
Dear Member,
I agree with what Mr. Abhay have stated, putting your paper does not mean that your resignation is accepted. It has to be accepted by Email or in written on resignation letter with company seal. If you have it, you may claim your relieving letter, otherwise you have not been relieved. You by yourself decided that okay i have given resignation and so my responsibility is over and i am now on notice period is wrong practice. You may still contact HR and try to explain your reason for leaving the company. If everything is well they might cancel termination and may relieve you with all relieving documents.
Be genuine while talking to your HR or reporting authority.
From India, Ahmadabad
I agree with what Mr. Abhay have stated, putting your paper does not mean that your resignation is accepted. It has to be accepted by Email or in written on resignation letter with company seal. If you have it, you may claim your relieving letter, otherwise you have not been relieved. You by yourself decided that okay i have given resignation and so my responsibility is over and i am now on notice period is wrong practice. You may still contact HR and try to explain your reason for leaving the company. If everything is well they might cancel termination and may relieve you with all relieving documents.
Be genuine while talking to your HR or reporting authority.
From India, Ahmadabad
There is need to point out the law laid down by the Apex court in Vp Gisdrosiva v State of MP of 1970 as followed in Mettur Spinning Mills case that after the expiry of notice period the employee is deemed to have been relieved and thus no master servant relation exists thereafter and consequently no disciplinary action could be taken after expiry of notice period.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Dear Members,
If somebody wants to resign and as per APL clause of notice period has been there,and in such case employer because of no reason not giving reliving then what does mean to mention one month notice period and all ,if all depend on employer will,in above case he has already served notice period and suppose left organization without F & F amount,employer could not send termination letter to him,and Mr.AK shouldn't worry in this case.
From India, Lucknow
If somebody wants to resign and as per APL clause of notice period has been there,and in such case employer because of no reason not giving reliving then what does mean to mention one month notice period and all ,if all depend on employer will,in above case he has already served notice period and suppose left organization without F & F amount,employer could not send termination letter to him,and Mr.AK shouldn't worry in this case.
From India, Lucknow
Dear Friend,
Please clarify what do you mean by "Not Accepted". Are you trying to say that your resignation was not "Acknowledged" by your immediate manager and you do not have any evidence that you tendered your resignation. OR you mean to say the resignation was not "Accepted" and inspite of "Acknowledging" your resignation you were not given any letter of "Acceptance of Resignation".
If you have official acknowledgement on duplicate copy of your resignation nobody can deny that you resigned and legally you were well within your rights to leave the organisation after completion of required notice period. in that case termination by company is illegal.
If you cannot prove that resignation was submitted to the company than you could be in trouble, but here also the company is at fault that they never contacted you in four months advising you to resume duties but just sent termination letter, so it may not stand the scrutiny of law.
You can definitely fight it out in both the situations. The company will have to pay your all dues and you can very well claim your PF.
Good Luck..........
C S Thanky
From India, Mumbai
Please clarify what do you mean by "Not Accepted". Are you trying to say that your resignation was not "Acknowledged" by your immediate manager and you do not have any evidence that you tendered your resignation. OR you mean to say the resignation was not "Accepted" and inspite of "Acknowledging" your resignation you were not given any letter of "Acceptance of Resignation".
If you have official acknowledgement on duplicate copy of your resignation nobody can deny that you resigned and legally you were well within your rights to leave the organisation after completion of required notice period. in that case termination by company is illegal.
If you cannot prove that resignation was submitted to the company than you could be in trouble, but here also the company is at fault that they never contacted you in four months advising you to resume duties but just sent termination letter, so it may not stand the scrutiny of law.
You can definitely fight it out in both the situations. The company will have to pay your all dues and you can very well claim your PF.
Good Luck..........
C S Thanky
From India, Mumbai
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