I was working in a company for six months and resigned (served the notice period as well) due to some personal reasons. However, the resignation was not accepted by the manager (after discussing it once). Subsequently, after completing the month, I left the organization. Now, after four months, I have received a termination letter from the organization citing reasons of not attending the office and not having approval from the reporting manager. They did not contact me even once on my contact number, and I have not received a single email.
Will this termination create any hindrance in my future job? (Currently, I am not working anywhere). Can I claim for the PF?
From India, Ghaziabad
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Will this termination create any hindrance in my future job? (Currently, I am not working anywhere). Can I claim for the PF?
From India, Ghaziabad
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Claiming Provident Fund (PF)
PF can always be claimed. Money accumulated in PF is not subject to any sort of attachment.
Addressing the Termination Issue
The problem seen here is the fact that no written acceptance of resignation is available. You served the notice period and finally ended up in a situation where your termination is stigmatic. Do try to meet with the management and provide them with all the facts in writing to obtain proper release.
Impact on Future Employment
The new employer may not be happy when they see this type of termination letter. It could affect future job prospects if the company is strict about the related documentation of exit from the previous employer.
From India, Pune
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3180PF can always be claimed. Money accumulated in PF is not subject to any sort of attachment.
Addressing the Termination Issue
The problem seen here is the fact that no written acceptance of resignation is available. You served the notice period and finally ended up in a situation where your termination is stigmatic. Do try to meet with the management and provide them with all the facts in writing to obtain proper release.
Impact on Future Employment
The new employer may not be happy when they see this type of termination letter. It could affect future job prospects if the company is strict about the related documentation of exit from the previous employer.
From India, Pune
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After having served the notice period, you are deemed to have been relieved despite non-acceptance of resignation when there are no disciplinary proceedings pending against you. Reply through a legal notice to request a relieving certificate. If this is not provided, consider approaching the inspector under the Shops and Establishment Act to obtain the letter. The termination letter is null and void.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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If there is no such legal complaint against you and if you have worked the entire notice period in your previous company, you are entitled to get the P.F. Against the termination letter, you may serve a legal notice to the authority who signed the termination letter and provide a copy to Human Rights. This will help you avoid any problems in future jobs. For a better future, request a release letter through the proper legal format. Discuss this matter with your legal adviser, presenting the facts to ensure clarity.
From India, Calcutta
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From India, Calcutta
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Dear Friend,
In this scenario, you are on the faulty side. When your reporting manager had not accepted your resignation, how can you assume that you are in the notice period? It's very obvious that you were an absconded employee. That's why they have sent you a termination letter. I think this is fair treatment for your actions.
Regards,
From India, Mumbai
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In this scenario, you are on the faulty side. When your reporting manager had not accepted your resignation, how can you assume that you are in the notice period? It's very obvious that you were an absconded employee. That's why they have sent you a termination letter. I think this is fair treatment for your actions.
Regards,
From India, Mumbai
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I agree with what Mr. Abhay has stated. Putting in your resignation does not mean that your resignation is accepted. It has to be accepted by email or written on a resignation letter with the company seal. If you have it, you may claim your relieving letter; otherwise, you have not been relieved. Deciding by yourself that giving resignation means your responsibility is over and you are now on the notice period is a wrong practice. You may still contact HR and try to explain your reason for leaving the company. If everything is well, they might cancel the termination and may relieve you with all relieving documents. Be genuine while talking to your HR or reporting authority.
From India, Ahmadabad
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From India, Ahmadabad
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There is a need to point out the law laid down by the Apex court in V.P. Gisdrosiva v State of MP of 1970, as followed in the Mettur Spinning Mills case. After the expiry of the notice period, the employee is deemed to have been relieved, and thus, no master-servant relation exists thereafter. Consequently, no disciplinary action could be taken after the expiry of the notice period.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Dear Members,
If somebody wants to resign and as per APL clause, a notice period has been mentioned. In such a case, if the employer, for no valid reason, does not provide the relieving letter, what does it signify to mention a one-month notice period? All decisions seem to depend on the employer's discretion. In the scenario mentioned, the individual has already served the notice period and hypothetically left the organization without receiving the Full and Final (F & F) amount. The employer, in turn, could not send a termination letter to the employee. Mr. AK should not worry in this situation.
From India, Lucknow
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If somebody wants to resign and as per APL clause, a notice period has been mentioned. In such a case, if the employer, for no valid reason, does not provide the relieving letter, what does it signify to mention a one-month notice period? All decisions seem to depend on the employer's discretion. In the scenario mentioned, the individual has already served the notice period and hypothetically left the organization without receiving the Full and Final (F & F) amount. The employer, in turn, could not send a termination letter to the employee. Mr. AK should not worry in this situation.
From India, Lucknow
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Clarification on Resignation Acceptance
Please clarify what you mean by "Not Accepted." Are you trying to say that your resignation was not "Acknowledged" by your immediate manager, and you do not have any evidence that you tendered your resignation? Or do you mean to say the resignation was not "Accepted," and despite "Acknowledging" your resignation, you were not given any letter of "Acceptance of Resignation."
If you have official acknowledgment on a duplicate copy of your resignation, nobody can deny that you resigned, and legally you were well within your rights to leave the organization after the completion of the required notice period. In that case, termination by the company is illegal.
If you cannot prove that the resignation was submitted to the company, then you could be in trouble. But here also, the company is at fault for never contacting you in four months to advise you to resume duties; they just sent a termination letter, so it may not stand the scrutiny of the law.
You can definitely fight it out in both situations. The company will have to pay all your dues, and you can very well claim your PF.
Good Luck.
Regards,
C S Thanky
From India, Mumbai
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Please clarify what you mean by "Not Accepted." Are you trying to say that your resignation was not "Acknowledged" by your immediate manager, and you do not have any evidence that you tendered your resignation? Or do you mean to say the resignation was not "Accepted," and despite "Acknowledging" your resignation, you were not given any letter of "Acceptance of Resignation."
If you have official acknowledgment on a duplicate copy of your resignation, nobody can deny that you resigned, and legally you were well within your rights to leave the organization after the completion of the required notice period. In that case, termination by the company is illegal.
If you cannot prove that the resignation was submitted to the company, then you could be in trouble. But here also, the company is at fault for never contacting you in four months to advise you to resume duties; they just sent a termination letter, so it may not stand the scrutiny of the law.
You can definitely fight it out in both situations. The company will have to pay all your dues, and you can very well claim your PF.
Good Luck.
Regards,
C S Thanky
From India, Mumbai
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc