Hey Seniors I have resigned ( through mail & also give hard copy to unit manager ) from my job on dated 25/06/2013 & request to relieve me on last working day of this month but till now i have not received any response from management. I want to know is my resignation assumed to be accepted? I have not received any appointment letter from my employer. Kindly guide me what to do ?
Thanks & Regards
Praveen Kumar
From India, Dharamsala
5Thanks & Regards
Praveen Kumar
From India, Dharamsala
Hi Praveen,
How are you working in this organization without asking for an offer / appointment letter? How long are your working in this Company? Are you working on this Company Roll or on third party roll? How are you getting salary from this Company?
According to me, Dont have to wait for their confirmation and further direction as they have not issued an appointment letter to you so far which means they have not built "Employer - Employee relationship" legally. They can not stop you coming out of this company but ensure you have not given any of your original certificate to them.
You have done your part by submitting of your resignation letter. Try to send one more mail on the same and talk to them on phone to understand the status, if they are not ready to turn to you, then come out and dont wait for anything.
Nothing will happen against you.
Regards,
M.Kannan
From India, Madurai
How are you working in this organization without asking for an offer / appointment letter? How long are your working in this Company? Are you working on this Company Roll or on third party roll? How are you getting salary from this Company?
According to me, Dont have to wait for their confirmation and further direction as they have not issued an appointment letter to you so far which means they have not built "Employer - Employee relationship" legally. They can not stop you coming out of this company but ensure you have not given any of your original certificate to them.
You have done your part by submitting of your resignation letter. Try to send one more mail on the same and talk to them on phone to understand the status, if they are not ready to turn to you, then come out and dont wait for anything.
Nothing will happen against you.
Regards,
M.Kannan
From India, Madurai
Thanks sir , I am working here since last two years & i am on company role my salary transfer to bank account. At the time of joining i ask for appointment letter but hr person not give . But now company ask to serve notice period otherwise they will deduct my pay kindly guide me what action i will take if they deduct notice pay & how much time can company take for full & final.
Thanks
From India, Dharamsala
Thanks
From India, Dharamsala
Praveen,
Understand one thing that an appointment letter over company's letter head is very important document for us as employee... Because it acts as a proof of employment and also gives and indication of the number of years of experience we have....
Two year's time is a long period and if you'd just stop going to work, it would just attract problems for you...
I would advise go to the HR and your direct manager, ask them what is the status of your resignation and relieving... They'd perhaps try to tell you that you're to serve so and so notice period... Try to negotiate that you've not been given any appointment letter till date and so you didn't had any idea on the tenure to be served and now you're not in a position to serve a longer period... Yet try to negotiate a considerable period and tell them you'd do all your bits to do proper handover to the concerned person before leaving...
Ensure that you do not stick so long with someone when one can't even acknowledge your efforts by giving you an appointment letter... Ideally they can't claim you and force you to serve the period but I am advising you on it because otherwise you can claim them of relieving letter. A smooth exit is always seek and appreciated and is what we should try to do...
From India, Mumbai
Understand one thing that an appointment letter over company's letter head is very important document for us as employee... Because it acts as a proof of employment and also gives and indication of the number of years of experience we have....
Two year's time is a long period and if you'd just stop going to work, it would just attract problems for you...
I would advise go to the HR and your direct manager, ask them what is the status of your resignation and relieving... They'd perhaps try to tell you that you're to serve so and so notice period... Try to negotiate that you've not been given any appointment letter till date and so you didn't had any idea on the tenure to be served and now you're not in a position to serve a longer period... Yet try to negotiate a considerable period and tell them you'd do all your bits to do proper handover to the concerned person before leaving...
Ensure that you do not stick so long with someone when one can't even acknowledge your efforts by giving you an appointment letter... Ideally they can't claim you and force you to serve the period but I am advising you on it because otherwise you can claim them of relieving letter. A smooth exit is always seek and appreciated and is what we should try to do...
From India, Mumbai
Thanks Ankita Shah, I approached HR head now he is asking to serve notice otherwise they will deduct notice pay or hold my full & final. Kindly guide me how much time company will take for full & final & what action I can take if my notice pay is deduct by company.
Recently one of our employee resign & gave one month notice but company relieve him same day because he is in probation period .
From India, Dharamsala
Recently one of our employee resign & gave one month notice but company relieve him same day because he is in probation period .
From India, Dharamsala
It all depends on your company policy... Many companies do the F&F on last working day...
Secondly what's the notice period they're asking you to serve?
What is the amount that they'd deduct against your notice period?
Holding money is still secondary.... I told you its important to get relieving letter and experience letter....
From India, Mumbai
Secondly what's the notice period they're asking you to serve?
What is the amount that they'd deduct against your notice period?
Holding money is still secondary.... I told you its important to get relieving letter and experience letter....
From India, Mumbai
they are asking to serve one month notice But i have given joining date to my new company actually i am going to join my previous company in which i was work two year back. so no need relieving letter & experience letter I want to know rule about full & final.
From India, Dharamsala
From India, Dharamsala
Praveen,
As you said the place where you're joining is you're former employer, try to explain the situation and see if they can help you by giving you few day's time...
Second you may not need those relieving & experience letters now... but in future when you wish to change.... You'd write your experience as
Time Period 1: Organization A
Time Period 2: Organization B
Time Period 3: Organization A
But where is the proof of employment with B????
Got the point...
Rest is upto you.... SInce they never bothered to give you an appointment letter, they can't force you serve the notice period as they've not established employee-employer relationship....
However since you were given salary and are on their payroll, they may use dirty tricks.... I would still suggest to negotiate the notice period and go for a smooth exit...
From India, Mumbai
As you said the place where you're joining is you're former employer, try to explain the situation and see if they can help you by giving you few day's time...
Second you may not need those relieving & experience letters now... but in future when you wish to change.... You'd write your experience as
Time Period 1: Organization A
Time Period 2: Organization B
Time Period 3: Organization A
But where is the proof of employment with B????
Got the point...
Rest is upto you.... SInce they never bothered to give you an appointment letter, they can't force you serve the notice period as they've not established employee-employer relationship....
However since you were given salary and are on their payroll, they may use dirty tricks.... I would still suggest to negotiate the notice period and go for a smooth exit...
From India, Mumbai
Servicing notice period is a standard practice in all companies.
Not having a copy of the appointment letter does not exempt you from serving notice period.
Standard practice is 1 month notice period except for those on probation.
Your company is asking for a very fair notice period.
Your refusal to serve notice period is going to leave you on a weak position.
The company is very much in its right to stand to deduct salary for notice period not served by you. Further, they can withhold your salary claiming that you did not do a hand over.
Technically they need to clear your salary within 2 days and remaining payment within 30 days. However, is there is a dispute or where there is a lapse on the part of the employee in settling / returning properly, files or a handover, they would be justified in holding it back till the same is settled.
From India, Mumbai
Not having a copy of the appointment letter does not exempt you from serving notice period.
Standard practice is 1 month notice period except for those on probation.
Your company is asking for a very fair notice period.
Your refusal to serve notice period is going to leave you on a weak position.
The company is very much in its right to stand to deduct salary for notice period not served by you. Further, they can withhold your salary claiming that you did not do a hand over.
Technically they need to clear your salary within 2 days and remaining payment within 30 days. However, is there is a dispute or where there is a lapse on the part of the employee in settling / returning properly, files or a handover, they would be justified in holding it back till the same is settled.
From India, Mumbai
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