Nagarkar Vinayak L
Hr And Employee Relations Consultant
Nathrao
Insolvency N Gst Professional

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Anonymous
Dear sir,
I have submitted the resignation with immediate effect due to personal & health issues . i was asking the relieving but After 10 days my boss called me in office & my employer gave me a letter that we acknowledge receipt of your resignation but we have some information about you & we would like to do internal inquiry .
I was keep on asking about my pending dues & relieving but no response . Also, No report came of that internal inquiry .
now , HR is telling me that since you were aware of internal inquiry & hence , you gave your resignation. which is actually a fake story by HR as they might thinking that i am going to competition but i am not .
kindly let me know legally from when the internal inquiry beginning shall be presumed in eyes of law ? from the date i got letter/Notice from company in writing after my immediate resignation or even if HR can say that they began inquiry before my immediate resignation date ??
any fake stand if company takes on "inquiry began" date as contemplated from their side shall be deemed accepted in law or how it is actually legally ?? Inquiry began date shall be from notice serving date/Intimation date by employer or any date which employer can say or show with their own internal document as they were thinking before for this action ??
Regards,
Sannie

From India, Delhi
An Employee will know of an enquiry being conducted when he is officially informed of the same.Employee side of story/event is mandatory to be taken into account for any decision as part of natural justice.
Did employer accept your resignation?
What were the documentary evidences placed in support of your medical problem?
Put a representation documenting the sequence of events-illness,problems and about enquiry announced after resignation was given to the company under written acknowledgement.
What is the official notice period?
Collate all your points and politely take up with company and with higher officials concerned.

From India, Pune
Dear Colleague,

Your resignation, as you know, is governed by the notice period, if any, contained in the appointment letter. Since you resigned with immediate effect , it is not clear the correct position about this aspect.

Pending further communication from the company regarding acceptance or otherwise of your resignation, after ten days you were informed about some internal enquiry being conducted.

It is not clear whether this enquiry is the part of disciplinary action and for which any chargesheet was given to you.

If no chargesheet is given then write to the management enquiring about acceptance of your resignation and settlement of your dues ignoring the so called internal enquiry.

But remember that until your resignation is not accepted , the employer-employee relationship continues, and it is within company's right to proceed with you for any misconduct.

Regards,

Vinayak Nagarkar

HR and Employee Relations Consultant

From India, Mumbai
Anonymous
Thanks a lot Mr. Nathrao & Mr. Vinayak ji ,

To your questions , i am mentioning sequence of events :-

1. I was not well due to prolonged back pain problem & i have sent the doctor advice & prescription which was before the date of resignation .

2. I was fed up & resigned via e-mail with immediate effect next day stating i will not be able to continue my service & treat my resignation effective same day & asked them the relieving asap. For transition & handover i agreed to support.

3. There was no response from company till next 3-4 days , after that they called me and said to me that they will relieve me but asked me to come office after 10 days.

4. They wrote to come to office for handover . Believing them i went after 10 days & gave all company items laptop etc , handover done .

5. After handover , they issued a letter suspension which surprised me as i was not aware of any enquiry or any misconduct on my side . In letter they wrote " There is some information on breach of terms & condition on your part , hence ,we will look into the matter ". i asked them what is source of this but no reply . i denied all as it was not known to me . No chargesheet given to mein writing like what are the charges against me on what they want to investigate. They acknowledge the resignation in writing but said it is put on hold & not accepted but i wil be on leave . This process is weird to me what is hold .

6. i kept asking them the relieving but no use . They didn't listen . I didn't accept or sign their letter but took photo because when i resigned with immediate effect then why suspension . we left office with no outcome .

7. The notice period is of 60 days in company which i didn't serve rather resigned with immediate effect . one week has passed and then i replied HR on e-mail with all replies & categorically denied all things . i requested them on e-mail again for relieving & clearing my all post resignation dues but no reply. On account of default on notice-period from my side, i clearly stated in my e-mail that they can deduct any amount in lieu of notice period or any pending dues on my side from my pending dues. But no reply came from HR , all silence . it was almost 1 month over when i wrote this e-mail.

8. i waited for further next 7 days but no reply on e-mail , nor any update on enquiry status or report . Their silence seems to be because they themselves thinking that i may be joining competition which is not true. i will only go to new industry segment only.

9. Thereafter i have sent them Legal notice for not accepting my resignation which was delivered to them , stating they can deduct any amount from my pending dues with company what they deem fit if any. i also wrote that in case they are not replying nor any response . i shall assume my resignation is accepted within 7 days from the date of notice & i shall be free to join anywhere. This notice was kind of clear declaration from my side on my last date . i think that legally my resignation came into effect with this legal notice . Its my understanding . Rest Mr. Vinayak can confirm on this !

10. Then again no reply from their side. No response at all . Then suddenly today morning after 12 days of my legal notice , they replied on e-mail , that we are not accepting your resignation & it is rejected and you are dismissed with immediate effect. I am again surprised , this is totally non-sense & i couldn't understand this type of process . This is all course of events thats all .

Please suggest me what to do sir , Kindly give me ur e-mail id also to contact you being a corporate HR professional ? My all dues are pending with company which is huge ? also , suggest me they have not given relieving letter . How i will join any future company ?

Regards,

Sam

From India, Delhi
Dear Sam,
Your dismissal without giving you any opportunity is unilateral and patently illegal.
It is difficult to advise without perusing documents from here. Immediately approach competent local labour lawyer and and file case against the company for illegal and unjustified dismissal.
About joining new company, keep them informed of the developments and request them to allow you to join.
Regardless of this , keep fighting your legal battle as thelaw apparently is onyour side.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Anonymous
Thanks Vinayak ji ,
Regarding joining new company , i need your more guidance .
i have resignation letter & legal notice which is sent to company . How i will manage with this ? New company is MNC and will ask for relieving letter and may do the background verification also .
kindly let me know is there any way out in corporate companies being HR in this situation ? can they take me in without relieving letter . Obviously , if A & B person are into bitter relations , then if some 3rd party ask background check from A about B ,then B will never say good .
What is the way and any procedure to over come this & join new company ,as you may can better clarity on this or may come across this situation .
I would be really thankful to you for this support .
Regards,
Sam

From India, Delhi
Anonymous
i am waiting for your reply sir !! kindly revert as per your convenience .
From India, Delhi
Dear Sam,.

There is no cut and dried answer. No foolproof either.

Tell your new employer true facts. Don't hide anything. It better to do this than their finding from BG check.

Following are pluses in your favior:

1. You resigned first on health grounds without due notice. But offered to deduct notice salary from dues

2 Company informed it's acceptance but for fake enquiry , release was held up. That is not your fault but company failed to do under the pretext of an enquiry.

3. The so called internal enquiry is much after your resignation and is clearly an afterthought. It is illegal, unjustified and without giving you any opportunity to know what is against you and defend it.

4. Appeal them to allow you to join without release letter considering you are not at fault.

You try your best but regardless of what stand the new company takes, parallely keep your legal battle on.

Regards,

Vinayak Nagarkar

HR and Employee Relations Consultant o

From India, Mumbai
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