Octavious
Hr Manager
Sushilkluthra@gmail.com
Consultant In Legal Matters
Mail8013
Hr Consultant
Sb_mani1980
Area Manager - Personnel
Jsai
Pvt Employee
+1 Other

Thread Started by #jsai

I have given hard copy resignation on 5-Jan-15, the notice period is 1month. But my manager and HR asking me to work till 27-Feb-15.
Iam denied anyproof of my resignation stating it will appear in the relieving letter.
They have asked me to submit health insurance ID card and i have returned them to HR even to this they are not giving accknowlegement. This company is well know to terminate employee on last day of relieving stating stupid reasons. Female employees made to work till 11pm or till 6am next day .
What are the legal procedures to face such companies. I have worked day and night and dont wish to get terminated or loose my experience letter or PF and other amounts.
Kindly help
19th January 2015 From India, undefined
Since the background of company is bad, and you are expecting termination on last day, send a registered letter to employer enclosing copy of your resignation and to relieve you on the scheduled date. If you want to be relieved earlier, pay him balance of notice period. Quote provisions of Shops and establishment Act for giving you relieving letter. If he still wants to implement his habit then that can be challenged as per law.
20th January 2015 From India, New Delhi
Dear Jsai
Issue a Fresh reminder letter, attach earlier resignation letter along with new letter as annexure.
When you issuing a fresh letter , ensure you mention what ,how and whom you have handed over what all and which tasks.
In this letter clearly mention that you are expecting your full and final settlement along with your relieving and experience letter on the last day of working ,before 6pm.
Send the above letter through registered post only, marking a copy to your immediate boss, HR Director/head, Managing Director/CFO.
Regards
Octavious
20th January 2015 From India, Mumbai
The HR personnel is not your employer. He/she might be willingly/unwillingly executing the private policy/inner wishes of employer or HR person is misguiding the employer....................
Since the employees have silently suffered and have not agitated the practice goes on although it is unfair,unethical,illegal,bad..............however employees are also responsible since they have accepted it as their fate...
The employees should unite to form unions and affiliate with Trade Unions and leaders know precise ways how to handle such personnel and situations…….
Probably it is conceived by employer that by terminating the employees they won’t be in market with the competitors………as their BGV can be spoiled…….however falsification of record is offence and employer can be sued for defamation, discriminatory retaliation, damages, etc…..

As you know the trends.....................it shall certainly be appropriate to build favorable written record now and defend your interest......

You should submit written representation addressed to good offices of appointing authority,MD narrating that you have submitted hard copy of notice of resignation dated.............with notice period of 30 days as per clause number.......in appointment leter dated.........issued to you, by hand in office on dated.......to Mr/Ms.......designation......dept......address....... and following items as desired by him her on dated.....................to Mr/ms.....and although you have been clamoring to get acknowledgment of notice of resignation and company property........nothing is being supplied to you..... and Mr/Ms.........has stated in office to you to work till dated...........i.e. beyond notice period ....................days applicable to you.........and you have already expressed that due to prior committements it is not possible hence good offices are requested to make arrangements to complete the exit formalities and supply you the acknowledgment and acceptance of resignation,service certificate,relieving letter,original hard copy of correct FnF statement for verification and acceptance,payment of FnF wages by bank DD,salary slips of all months,Form16 as per correct FnF statement,PF number with a/c slips,ESIC card, NOC/NDC etc..........within and upto your
effective date of resignation i.e. dated............................

YOu must mention that NO TASKS ARE PENDING AT YOUR END AND TO WHOM YOU SHOULD HANDOVER THE CHARGE WITHIN AND UPTO LAST DAY IN OFFCIE I.E. DATED……….
You can mention that it has been indicated to you that if you do not comply to the demand your employment shall be terminated during notice period as in case of many other employees…………..and good offices should intervene to take back such action…….with a confirmation copy to you……..
21st January 2015 From India, Chandigarh
Hello Jsai,

Why don't you share the name of the company so that all others may become careful when they receive job proposals from this company ? Atleast I would like to know the name as I feel it's important. Please mail me the same on mail8013@yahoo.com. Thanks.

Regarding your issue,
The best way is to submit a mail to all the concerned officials (consisting your superior, your functional boss, your HR boss and the Factory head / Corporate Head / MD / "occupier" as per the definition of the Factories Act.) informing them about the resignation that you have already submitted stating the details with a request to be relieved after the completion of the 1 month notice period. Mark a copy to your personal ID aswell and if possible, a blind copy to your new employer (so that it stays as a reference with him regarding the way your current employer is creating issues for you for relieving). So, even if your current employer issues you a "termination letter" on the last day of your notice period, your new employer will be there to welcome you since he would be already aware of the hardship that you are facing.

You can then even challenge the termination act later.

I hope this could be helpful to you.All the best for your future.

Cheers, AB
22nd January 2015 From India, Mumbai
Hi Jasi,
First you have written a mail to your boss regarding your resignation
(Or)
As per your appointment order terms you have to pay your notice period amount through Account Pay Cheque.
Please Note: If any reason Employer can’t hold you’re PF, it is your money so never worried about your PF.
M.S
31st January 2015 From India, Madras
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