Madhu.T.K
Industrial Relations And Labour Laws
Ashiesharyan
Engineer
Anmasr
Manager Account

Thread Started by #ashiesharyan

I resigned from previous company (Manager Approved) and served a notice period for 1.5 months. During this period the HR suddenly raised a question over this and did not approve it. However, since my joining date (of the current company was decided & could not be changed) so I was in no position to serve full 3 months notice period.
Now, the company is not issuing the relieving letter, instead has sent a termination letter. I'm ready to pay the notice-period buy-out amount, however the HR is adamant on her decision of not issuing any FnF or Relieving Letter.
What are my options? How to I get that, legally?
20th January 2016 From India, Badheri
If you have been working not in supervisory capacity you can file a complaint before the Labour Officer for not paying the salary dues, not allowing you to join another company by denying relieving letter or illegal termination. All these three are very important as far as a workman is concerned because a workman has protection of labour laws like, Industrial Disputes Act, Standing Orders, Shops and Commercial Establishments Act etc.

In your case, there is denial of freedom to join another organisation. Even if you have an appointment letter which says that you are bound to give three months' notice, a workman cannot be asked to give it because as per Industrial Disputes Act he is not bound to give any notice if he wants to terminate his relationship with the employer although the employer is under an obligation to give notice if he wants to terminate the employee.

Now if the HR terminates you, the same can be challenged because a termination without offering an opportunity to be heard is illegal. The HR cannot take a unilateral decisions in such scenario especially when the offending employee is a not a supervisory or managerial person. Before issuing a termination letter, the HR should have sent at least three letters asking the employee to join work, warning legal action for 'unauthorised absence' and show cause for termination. Though it is not necessary that departmental enquiry is held before the employee is terminated, there should be at least a reasonable time of absconding.

The manner in which an employee is relieved from service is obviously followed in the present case, that is, approval from the Reporting manager and serving notice period for 1.5 months. If the Reporting Manager is okay with it, why should the HR object to it? Moreover, the HR manager is not suppose to be the Boss of all the other Managers. He is there to facilitate the operations. Just like the functional heads decide who should be appointed and HR issues orders, these functional heads only can decide who should be terminated, transferred or conditions of service changed. Once the decision comes from the functional head as to termination, transfer or taking disciplinary action against any employee, the HR can communicate it to the employee. That means HR is only a facilitator and not a master of all other heads.

Asking an employee to serve notice period should be for the benefit of the organisation. If nothing is gained by his engagement through this 3 months, what is the sense in notice period? There should be some logic in it.

I suggest you can send letter marking a copy to your Reporting Officer showing that your RO was convinced about the issue of my earlier relieving and he had approved the relieving and it was accordingly that you joined the new organisation and the termination letter issued is just contrary to the principles of natural justice and if taken back you would be constrained to approach the appropriate authority under the Industrial Disputes Act.

Madhu.T.K
21st January 2016 From India, Kannur
Hi I was also in a dealership of Tata Motors work their 13 years, now financial position of company was not good, & I want to see my ailing mother & inform to company also in the month September'15, now they stop my salary for the month september'15 which they use to deposit in my salary a/c with bank, and block my mobile no which they given to me. So I force to send my resignation letter to GM as well as MD of the company. In the month of December'15, I got mail form GM of company informing me that my letter of resignation is not accepted by company. I already join another organisation in the month of october'15, after giving my resigantion mail to the company.
Though I work 13 years in above company they did not issue any appointment letter to me, they never use to issue appointment letter.
What is the remidies available.
How can I get my salary as well as Gratuity dues from company.
21st January 2016 From India, Shahjanpur
I had given the option of approaching the Labour Officer directly or sending a mail stating that you will lodge complaint unless the matter is solved. There is a condition that you have not been employed as a supervisory or managerial employee. With regard to gratuity, of course, the issue of whether you have been a workman or manager does not arise but all employees who have completed the qualifying service of 5 years are eligible to get it. For that you can any way approach the same Labour Officer who is the appropriate authority under the Payment of Gratuity Act.
Madhu.T.K
21st January 2016 From India, Kannur
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