Iam working in PSU Company, which is governed by CDA rules wherein the Resignation clause read as:
1. A permanent employee may leave the services of the company after giving 3 months notice or as per terms and conditions of his appointment.
2. The company reserves the right either to accept pay and allowance / adjustment of leave towards notice period or demand for actual service during the notice period.
I got good offer from Pvt Company & have recently resigned from the permanant job and asked my employer to relieve me from the service w.e.f from 31st Jan ( giving 20 days after date of resignation). Iam having about 6 months of accumuated paid leaves which can be adjusted against the notice period.
The compnay is excersing the rule of 3 month notice period with me but in recent past about 20-25 permanant employees has left the company and all of them had been relieved immediately without fulfilling the 3 month notice period. The notice period was adjusted against their paid leaves.
My new employer is not ready to accept the term & condition of 3 month period for joining. In view of above pl help me on:
1. Is not the company forcefully adhering to its term & condition?
2. In absence of myself, the Compnay is not facing any manpower.
3. Is not the company interfering in Individual rights of career growth?
Pl advice me urgently. Should I take a legal advice in this regard.
You are right in the view of above facts that your case has a merit ..
Suggest that you take a legal advice..as a matter of precaution/note would you be in a position to prove that other similar cases notice period were adjusted against the accrued leave.
Have you been intimated in writing of the above reasons about your resignation as stated?..
Would recommend first that again have a frank talk with your supervisor or Departmental Head in view of the facts. Also use your sources to find out through the grapevine as why this is happening to you.
First you should follow the other precedence, created by few employees. If your leave is adjusted with your short notice so act accordingly also side by side you take the opinion from your superior/HOD. But remember, your resignation has to be accepted by HR Department.
In this case, if your present organisation is not ready to provide the release letter then atleast try to get a receipted signature on your duplicate resignation copy and on that basis of that you can proceed with your new employer.
However, as you have not stated what are the terms and conditions are laid down in your appointment letter, so take a legal advice with all documents.
In this case we have to read the clauses of resignation very logically. If intention of the Company was to allow for adjustment of leaves against notice period in all cases, then they would have simply said that outstanding leaves will be allowed to be adjusted against balance notice period. And if the intention was not to allow it in any case,then they would have said that it will not be allowed in any case.
But what they have written is that they reserve the right to do so which means it is upto them whether to allow adjustment of leaves against notice period or not. servicesGoing to court on this issue will not help.
So what is the alternative.Alternative is to just resign and go but do obtain a receipt on copy of your resignation letter. If they refuse to receive your resignation, fax it from outside and send original by registered post from outside (keep a record of it). In your resignation you must request for adjustment of your balance leaves.
What worse can happen. In case of continous absentees, maximum a Company can do is to dismiss an employee but they can not hold back your dues (you will also save on leaves which would have been adjusted against your notice period). In this case you will have valid grounds for getting dismissed so do not bother about your career. Alternately to youe future employers just show your appointment letter and copy of resignation letter.
K K Tyagi
The co. is doing forcefully but if it is seen from the company point of view it is right because they must have given lot of training to the employee.
Before getting returns, the employee is moving.
Generally in some companies they keep a date, saying employees joining from so and so date can give a notice of 30/45/60/90.
From the employees point of view even a month's notice is not adjustable.
I want to ask a question that Is the resignation period count in our experience?, suppose if i m resiging and my resignation is of 90 days, that means i have to give a resignation notice 90 days prior to the date of resigning. So in that case those three months are offically countable in my experience???
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