Facing Unfair Employment Practices: How Can I Legally Protect Myself from a Company Ignoring My Resignation?

I have given a hard copy resignation on 5-Jan-15, and the notice period is one month. However, my manager and HR are asking me to work until 27-Feb-15. I am denied any proof of my resignation, stating it will appear in the relieving letter. They have asked me to submit the health insurance ID card, and I have returned it to HR, but even then, they are not providing acknowledgment. This company is well-known for terminating employees on the last day of relieving, citing silly reasons. Female employees are made to work until 11 pm or even until 6 am the next day.

Legal Procedures to Face Unfair Employment Practices

What are the legal procedures to face such companies? I have worked day and night and do not wish to get terminated or lose my experience letter or PF and other amounts. Kindly help.

Since the background of the company is unfavorable, and you are anticipating termination on the last day, send a registered letter to the employer enclosing a copy of your resignation and requesting to be relieved on the scheduled date. If you wish to be relieved earlier, settle the balance of the notice period. Refer to the provisions of the Shops and Establishment Act for obtaining your relieving letter. If the employer insists on maintaining this practice, it can be challenged according to the law.

Issue a fresh reminder letter and attach the earlier resignation letter along with the new letter as an annexure. When you are issuing a fresh letter, ensure you mention what, how, and to whom you have handed over all tasks.

In this letter, clearly state that you are expecting your full and final settlement, as well as your relieving and experience letter, on the last day of work before 6 pm.

Send the above letter through registered post only, and mark a copy to your immediate boss, HR Director/Head, and Managing Director/CFO.

Regards,
Octavious

Understanding the Role of HR Personnel

The HR personnel is not your employer. He/she might be willingly or unwillingly executing the private policy or inner wishes of the employer, or the HR person might be misguiding the employer. Since the employees have silently suffered and have not agitated, the practice goes on, although it is unfair, unethical, illegal, and bad. However, employees are also responsible since they have accepted it as their fate.

Forming Unions for Employee Rights

The employees should unite to form unions and affiliate with Trade Unions. Leaders know precise ways to handle such personnel and situations. Probably, it is conceived by the employer that by terminating the employees, they won’t be in the market with the competitors, as their BGV can be spoiled. However, falsification of records is an offense, and the employer can be sued for defamation, discriminatory retaliation, damages, etc.

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

Submitting Written Representation

You should submit a written representation addressed to the good offices of the appointing authority or MD, narrating that you have submitted a hard copy of the notice of resignation dated [Date], with a notice period of 30 days as per clause number [Clause Number] in the appointment letter dated [Date] issued to you, by hand in the office on [Date] to Mr./Ms. [Name], designation [Designation], department [Department], address [Address]. You should mention the following items as desired by him/her on [Date] to Mr./Ms. [Name]. Although you have been clamoring to get acknowledgment of the notice of resignation and company property, nothing is being supplied to you. Mr./Ms. [Name] has stated in the office to you to work till [Date], i.e., beyond the notice period applicable to you. You have already expressed that due to prior commitments, it is not possible. Hence, good offices are requested to make arrangements to complete the exit formalities and supply you with the acknowledgment and acceptance of resignation, service certificate, relieving letter, original hard copy of the correct FnF statement for verification and acceptance, payment of FnF wages by bank DD, salary slips of all months, Form 16 as per the correct FnF statement, PF number with account slips, ESIC card, NOC/NDC, etc., within and up to your effective date of resignation, i.e., dated [Date].

Ensuring No Pending Tasks

You must mention that no tasks are pending at your end and to whom you should hand over the charge within and up to the last day in office, i.e., dated [Date]. You can mention that it has been indicated to you that if you do not comply with the demand, your employment shall be terminated during the notice period, as in the case of many other employees. Good offices should intervene to take back such action, with a confirmation copy to you.

Regards.

Company Name Disclosure and Resignation Advice

Why don't you share the name of the company so that others may be cautious when they receive job proposals from this company? At least I would like to know the name as I feel it's important. Please email me the same at [Email Removed For Privacy Reasons]. Thanks.

Steps to Address Your Resignation Issue

The best way is to submit an email to all the concerned officials (including 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. State the details and request to be relieved after the completion of the one-month notice period. Mark a copy to your personal ID as well and, if possible, a blind copy to your new employer (so that it serves as a reference for them regarding the challenges your current employer is creating for your relieving). Therefore, even if your current employer issues you a "termination letter" on the last day of your notice period, your new employer will be prepared to welcome you, as they would already be aware of the hardship you are facing.

You can then challenge the termination later.

I hope this information is helpful to you. All the best for your future.

Regards,
AB