Umakanthan53
Labour Law & Hr Consultant

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Dear Sir, I am doing job as Account Manager in a pvt ltd company since May 2013, I have to serve 30 days' notice as per my Appointment letter. I have resigned my post on 27th February 2020 according to this my last working date is 26th March 2020 but the company management not reply to mail regarding my resignation. Right Now I am doing job in the same company without any discontinuation. I again reply on 29th July 2020 my same mail and told to management that after 18 days i.e. 16/08/2020 I am unable to serve my duties for the organization. Kindly give my full & final and leaving certificate. Now management replied to me and demanded 90 days notice period.

Kindly suggest what to do and what is the legal obligation if I can not give notice as per management.

They are authorized to stop to pay my salary for the month of July 2020 & 16 Days of August 2020 along with gratuity, a bonus?

if not and they will do and stop it. then where to complain against this?

Kindly advise about the above-mentioned matter. I shall be very thankful to you.


Dear Davender,
Since you are in managerial cadre of employment, you should understand that for any employment grievances, you can seek Civil remedy only directly in a Civil Court based only on the terms and conditions of your appointment orders or the service regulations of the organization as applicable to managerial cadre employees from time to time..
As per your appointment letter of 2013, the notice period might be 30 days;but later it could have been changed as 90 days by means of an amendment to the service regulations and it could have been notified by means of a mere notice in the office notice board or by individual communication. First you have to get it confirmed yourself. In case no such change was actually effected and the present communication is demonstrably an after thought of the management to hush up their belated acceptance of your resignation, well, you can repudiate it by sticking to your appointment letter and prevail upon the management to relieve you formally with pay for the extended period of your duty. In case of refusal, you can quit the job on your own under intimation in writing and file a suit for recovery of unpaid salary and damages for breach of contract. Regarding your gratuity, you can file a formal claim before the Controlling Authority under the P.G Act,1972 for the area where you worked last. These are ultimate legal options only. As you are a manager and likely to continue as such elsewhere, my suggestion would be to try for a negotiated settlement so that the separation can be mutually peaceful.

From India, Salem
Dear Mr. Umakanthan. M

Thanks for solved the matter, now my MD has required one letter from my side with the following points will cover in the letter.

1. I will write that i quit present job due to financial growth.
2. i unable to serve notice period of 30 days
3. request for provide experience certificate, notice period salary and relieving certificate.

kindly suggest what to do ? may i give request letter as per my MD Requirement or its plan something legally for me ?

thanks
Davender Kumar


Do it since the MD himself has stated so. Probably, notice period salary would be adjusted against your dues or may be waived. A peaceful relieving would enhance your employability elsewhere. Best of Luck.
From India, Salem
Dear Mr. Umakanthan
This is in regard to your reply to the query raised by Mr. Davender Kumar

I would like to know whether any service condition like revision of notice period for resignation could be just notified in the notice period and will it have a binding effect on employees .

However it is clear and do agree that an amendment to service rules / regulations applicable to officers in Public sector companies and in some private sector organization( for whom Standing orders under the statute is not applicable) do bind the officers ,

I am of view that appointment contract being bilateral and mutual in nature , the employer ought to have got the employee signed to the amendment to appointment contract like notice period for resignation before being implemented

Your enlightened view please

Thanks
Panchsen
P.Senthilkumar

9884009193

From India, Chennai
You are correct Mr.Senthil. In the absence of specific and caderwise service regulations in the organization, what is stated in the appointment orders about unilateral termination will hold good as it is one of the terms of the contract of employment unless it is modified later in a formal manner. The concept of notice in case of unilateral termination of the contract of employment by either of the parties has been covered in the Fair Labor Standards Act,1938 in the U.S and the Employment Rights Act,1996 in the U.K followed by many European Countries wherein the notice period varies from one week to three months depending on the length of service of the employees. Though, we find the notice provision for retrenchment or discharge effected by the employer in the Model Standing Orders under the IE(SO)Act,1946, IDA,1947 and the State Shops & Estts Acts ranging from 15 days to 3 months, no specific provision for notice of resignation from the employee's side. The matter is purely left to the contract of employment thereby creating an anomalous situation of unequal terms of notice in the contract. Some employers include buy-out option of notice period subject to their acceptance vaguely revolving around the necessities of work while they are scot-free to terminate an employee immediately by paying notice salary in lieu of notice not caring for the livelihood of the immediately ousted employee. I am given to understand that even some Indian I.T giants include no buy-out option in the notice clause.

What I mean by the phrase I used " unless it is modified later in a formal manner " is the prerogative of the employer to prospectively change the length of the notice period generally applicable to the particular cadre of employees with reference to the importance of their position for avoiding poaching by competitors or reducing employee turn over and the like as well as the freedom of choice of the employees concerned for acceptance or rejection. Certainly no employer is empowered to unilaterally change the existing notice clause to his advantage after receiving the letter of resignation from the employee. Yet I suggested the poster to toe down because of the fact that an ex-employer can also mar the career of an employee whose departure is not the way he liked.

From India, Salem
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