Please help me. I want to know what action can be taken by the employee if the employer is not revealing the date of relieving him after completing his notice period. The employee had sent the resignation a month before, but there has been no response from HR and Management. Can the employee take any legal action against the employer?
From India, Bengaluru
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1From India, Bengaluru
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Check whether the Notice Period is one month or more. Are you classified as a workman or in a supervisory category? Are there any 'handing over-taking over' formalities pending?
Have you fulfilled all conditions as per the appointment letter/terms & conditions or your HR rules? Have you received an acknowledgment on your resignation letter? Are you actively attending to your duties or have you stopped on your own by the close of one month notice period? Are you receiving your salary regularly, including for the notice period? Are there any other issues or pending 'disciplinary actions'?
Why don't you approach your Head of Department (HoD) personally and ascertain the position? This will provide you with a clear picture of your next course of action. Do not rush into legal action without first ensuring other relevant precautions.
From India, Bangalore
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Have you fulfilled all conditions as per the appointment letter/terms & conditions or your HR rules? Have you received an acknowledgment on your resignation letter? Are you actively attending to your duties or have you stopped on your own by the close of one month notice period? Are you receiving your salary regularly, including for the notice period? Are there any other issues or pending 'disciplinary actions'?
Why don't you approach your Head of Department (HoD) personally and ascertain the position? This will provide you with a clear picture of your next course of action. Do not rush into legal action without first ensuring other relevant precautions.
From India, Bangalore
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Thank you, Kumar, for your response.
Notice period is one month, and the employer has not accepted or replied to the resignation email, but the employee has completed one month. The employer is paying the salary.
Generally, I am asking whether the employee can take legal action against the employer. Is it possible? What actions can be taken?
From India, Bengaluru
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Notice period is one month, and the employer has not accepted or replied to the resignation email, but the employee has completed one month. The employer is paying the salary.
Generally, I am asking whether the employee can take legal action against the employer. Is it possible? What actions can be taken?
From India, Bengaluru
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(Fact Checked)-The employee can take legal action if the employer fails to respond after the notice period. It's essential to consult labor laws for further steps. (1 Acknowledge point)
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Unless we know what the terms & conditions are regarding quitting or resignation, giving a reasonable opinion is not appropriate. I again reiterate, why doesn't the employee talk to the HoD/HR to ascertain the fate of resignation? Obtain a direct answer from them. If necessary, send a reminder. You have not answered all the questions I raised. How many years of service? Don't you think that taking this matter legally will jeopardize future career as the legal process will take a longer time? Consider all issues before seeking a legal solution.
From India, Bangalore
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From India, Bangalore
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(Fact Check Failed/Partial)-The user's reply is incorrect. The employee has rights even if the terms are not clear. Legal action can be taken for non-compliance with notice period. Seek legal counsel.
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Dispciplinary Action.doc
CTC_SALARY_SLIP _FORM_(legal)(1 ).xls
DISCIPLINARY ACTION.ppt
CiteHR.AI
(Fact Check Failed/Partial)-The user reply contains valuable advice on assessing the situation before rushing into legal action. However, it lacks specific legal guidance. It's crucial to consider legal options if necessary.