Dinesh Divekar
Business Mentor, Consultant And Trainer
Dmc123
Legal Consultancy
+2 Others

Thread Started by #saiajith_a

Dear Friends,
I am in urgent need of some guidance from all the HR's and other people present in the community.
I met with an accident on the early week of November and I was on leave and in the last week of November, HR and my line manager asked me for resignation and threatened me of different consequences if I don't resign although there is no mistake of mine.
I have handed over the resignation with the stipulated notice period as per the company policy.
Now, I am not interested in resigning and I want to continue with my job as it is my career which is at stake.
I also read on internet that as per the Supreme Court of India, any person who has resigned and is not interested in leaving the job can withdraw his resignation within the notice period as per the company policy.
I request all the HR people and others to guide me and help me out from this situation immediately as my career is at stake.
Regards
5th December 2011 From India, Delhi
Dear S,
This is a Urgent matter. Take fast actions. Prepare letter for Resignation withdrawal and send a copy through Reg AD to your superior and also HR Head. Hand deliver the letter to your CEO and if possible have discussion with him.
Do not accept Final settlement cheque or deposit in the Account. For any further input pl let me know.
Regards,
Sachin Khadilkar
M - 09099001599
5th December 2011
Hello Saiajith,
You need to give some additional information:
a) What is your designation? What type of job you do?
b) Post-accident, what is your medical fitness? Will it impact your regular duties?
c) Did you tell your HR or line manager that you met with accident? Do you have medical certificates to this effect? Why they did not consider your temporary absence because of this accident?
d) How were your relations with HR or Line Manager? Do your HR or Line Manager or Management wanted to remove you? Taking benefit of your absence owing to this accident, did they use it as ploy for your removal?
Ok...
DVD
5th December 2011 From India, Bangalore
As per Indian Contract Act
If the Resignation ( Offer ) has been communicated to the Management who agree ( Acceptance ) then if the same acceptance communicated ot the Resigned Employee then it is not allwed to withdraw Resignation ( Offer )
Hope clarified to you.
5th December 2011 From India, Pune
Dear Dinesh Sir,
a) What is your designation? What type of job you do?- I am an Area Sales Manager. I am into Sales.
b) Post-accident, what is your medical fitness? Will it impact your regular duties?- I am medically fit and there has been no impact on my regular duties.
c) Did you tell your HR or line manager that you met with accident? Do you have medical certificates to this effect? Why they did not consider your temporary absence because of this accident? - Everything communicated to them. They considered my temporary absence.
d) How were your relations with HR or Line Manager? Do your HR or Line Manager or Management wanted to remove you? Taking benefit of your absence owing to this accident, did they use it as ploy for your removal?- Relations with HR and Line Manager was good however Line Manager has plotted the things to remove me.
6th December 2011 From India, Delhi
Dear Prashant Sir, I had submitted the resignation and HR has given only the receiving but no one has given me the acceptance neither in writing or verbally. Please suggest.
6th December 2011 From India, Delhi
In court it would be very difficult that receiving was not accpted by management.
Secondly are they interested to continue with you ?
if not better to leave the organization otherwise you would face humiliation for every moment.
6th December 2011 From India, Pune
Sir,
I agree with you however as far my understanding receiving and acceptance are two different things...isn't it?
For your second question:- I am not sure about their intentions, but what I am clear and sure of is that my career is at stake.
6th December 2011 From India, Delhi
Hi All, I have a query, is it possible for an employer to terminate an employee on the grounds of absconding without atcually giving the registered notice to the employee.
9th December 2011 From India, Hyderabad
dear sir
In case the employee who is a workman or supervisor to whom model standing orders apply is absconding, the employer has to issue a show cause notice, then after any explanation, if received, found satisfactory no issue, but if not satisfactory, has to issue a chargesheet, conduct an enquiry sending him notices at local and permanent address, make efforts to serve the workman notice or enquiry, alternnately publish chargesheet and notice of enquiry in newspaper and then conduct exparte enquiry after findings of independent enquiry officer are received, then termination will ensue after sending copy of finding to the concerned workman. This procedure has to be followed.
10th December 2011 From India, Pune
Dear dmc123; If the model / Certified Standing orders are not applicable then what is the procedure for termination?
10th December 2011 From India, Pune
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