An employee resigned from any orgnaization today what the rule and regulation for release him
From India, Bhubaneswar
5From India, Bhubaneswar
Hi,
At the time of resignation HR needs to complete the following formalities-
1. Resign Letter
2. Acceptance of Resignation
3. Relieving Letter & Experience Letter
4. Full & Final Settlement
5. Exit Interview
Regards
Savitha Chowdary
HR Executive
From India, Hyderabad
At the time of resignation HR needs to complete the following formalities-
1. Resign Letter
2. Acceptance of Resignation
3. Relieving Letter & Experience Letter
4. Full & Final Settlement
5. Exit Interview
Regards
Savitha Chowdary
HR Executive
From India, Hyderabad
Dear Friend,
1. First ask your employee to submit his resignation letter through email. He should mark a copy to his reporting head too.
2. His Reporting head / TL / PM should approve it.
3. Send him an email (mark a CC to his reporting head) stating that the management has accepted his resignation and he would be relieved on XX-XX-2010(Mention the date and month). Relieving date depends on his notice period(Refer his appointment letter to know the notice period) and notice period starts from the day he had submitted his resignation. You can even relieve him earlier based on his reporting head decision.
4. His reporting head should make sure that he had handed-over his responsibilities to the concerned person on or before his last working day.
5. On the last working day, the employee should approach HR to get the NOC (No Objection Certificate). The employee should get signatures from his reporting head that he has handed-over all his responsibilities. Then from Accounts that he had cleared all the loans and advances if taken. Then from Admin that he had hand-overed all the company properties if taken / given. Then finally from HR. Before signing the NOC make sure that he handovers his ID card, Medical card (If provided) etc.
6. Issue relieving and experience letter.
7. Full and Final settlement.
8. Exit interview.
I have attached the templete for NOC, Experience letter, Relieving letter and Exit interview form for your reference.
From India, Madras
Dear Experts,
I am working in a limited company for last 3 years. I have given resignation on 14th Sept 2010 and it was "recd. and signed dated 15th Sept 2010" by my reporting head. I have not mentioned any relieving date required by me, in my resignation letter. In my present company my notice period is of 3 months. But i want my relieving earlier than 3 months.
After giving my resignation i send an e-mail to my present company asking for relieving by 13th of Nov 2010 which is as follows: -
"
Subject: Relieving from Services on resignation w.e.f 13 Nov. 2010
Dear Sir,
In continuation of my resignation dated 14 Oct. 2010, i must be relieved on 13th Nov 2010 as i have to proceed on training in the new company with effect from 15th Nov 2010.
Please adjust my remaining notice period from my due leaves or/and full and final as per company norms.
If the office needs any formality to be completed by me, i may be informed.
"
To the above e-mail they replied; which is as under: -
"
As per the terms of your employment with the Company, you are required to serve three months notice which period will expire on 11th January, 2011. As such, you will be relieved latest by 11th January, 2011.
Regards,
"
My agreement with the company reads as under: -
"
Notwithstanding anything to the contrary herein, either party may, during the tenure of your service terminate the same by giving to the other party not less than three months' previous notice of termination in writing.
Further, the Company shall, in addition, have the right to terminate your services at its sole discretion at any time without being required to state its reasons for doing so on payment to you of three months' salary in lieu of notice and proportionate commission when due and payable.
"
Now i am able to get extension from my new company where i have to join on and before 29th Nov. 2010. (If i join on this date i will be serving 1.5 months notice instead of 3 months)
I have clearly told my seniors about my joining date and its urgency. But they are saying that u have to serve 3 months notice period as we are not able to get a replacement for you. Further they are verbally saying that if you join new company we will terminate you officially, wont give you relieving letter & experience letter and will not give any pending dues etc.
My due leave in the company is 64 days.
Please guide if i can join new company within my 3 months notice period without any legal obligations.if i join new company before 3 months will my present company hold my dues, relieving certificate and experience certificates etc. What are the legal formalities i need to do before joining new company???
All my colleagues have been relieved within 1 month till date so there is no similar case like mine in this company.
Please help and advise
Thanks a lot
Gaurav"
From India, Chandigarh
I am working in a limited company for last 3 years. I have given resignation on 14th Sept 2010 and it was "recd. and signed dated 15th Sept 2010" by my reporting head. I have not mentioned any relieving date required by me, in my resignation letter. In my present company my notice period is of 3 months. But i want my relieving earlier than 3 months.
After giving my resignation i send an e-mail to my present company asking for relieving by 13th of Nov 2010 which is as follows: -
"
Subject: Relieving from Services on resignation w.e.f 13 Nov. 2010
Dear Sir,
In continuation of my resignation dated 14 Oct. 2010, i must be relieved on 13th Nov 2010 as i have to proceed on training in the new company with effect from 15th Nov 2010.
Please adjust my remaining notice period from my due leaves or/and full and final as per company norms.
If the office needs any formality to be completed by me, i may be informed.
"
To the above e-mail they replied; which is as under: -
"
As per the terms of your employment with the Company, you are required to serve three months notice which period will expire on 11th January, 2011. As such, you will be relieved latest by 11th January, 2011.
Regards,
"
My agreement with the company reads as under: -
"
Notwithstanding anything to the contrary herein, either party may, during the tenure of your service terminate the same by giving to the other party not less than three months' previous notice of termination in writing.
Further, the Company shall, in addition, have the right to terminate your services at its sole discretion at any time without being required to state its reasons for doing so on payment to you of three months' salary in lieu of notice and proportionate commission when due and payable.
"
Now i am able to get extension from my new company where i have to join on and before 29th Nov. 2010. (If i join on this date i will be serving 1.5 months notice instead of 3 months)
I have clearly told my seniors about my joining date and its urgency. But they are saying that u have to serve 3 months notice period as we are not able to get a replacement for you. Further they are verbally saying that if you join new company we will terminate you officially, wont give you relieving letter & experience letter and will not give any pending dues etc.
My due leave in the company is 64 days.
Please guide if i can join new company within my 3 months notice period without any legal obligations.if i join new company before 3 months will my present company hold my dues, relieving certificate and experience certificates etc. What are the legal formalities i need to do before joining new company???
All my colleagues have been relieved within 1 month till date so there is no similar case like mine in this company.
Please help and advise
Thanks a lot
Gaurav"
From India, Chandigarh
Hello,
The situation is pretty straight forward and simple though it does not suit at the moment.
Based on necessary information provided by you it not possible to get relieved before three months UNLESS the employer decides to do so! In this case the employer has decided against relieving you earlier that the due notice period and the employer has this arbitrary right to do so. In the contract of employment you have agreed to this term and now it is NOT possible for right for you to question it.
In a way you are stuck by the provisions of an agreement that you are a party to, even if the agreement is unfair in your perception NOW!
Your joining the new job BEFORE expiry of the NOTICE oeriod in the present job is unlikely to work out in your own interests. Kindly note the following:
Alternatively, request the new employer to not insist upon RELIEVING letter and join. If they agree, your need is met! They can elect to NOT insist upon such a letter because they are recruiting you for your competence and not for compliance with this rule! The rule is good, breaking it is bad, yet the companies may choose to make an exception in their enlightened self interests.
But if you are contemplating to proceed at law, shun the idea. It will be a wast of time and valuable resource and is unlikely to give you any relief.
Trust the perspectives on possibilities are clear.
Regards
samvedan
November 24, 2010
---------------------
From India, Pune
The situation is pretty straight forward and simple though it does not suit at the moment.
Based on necessary information provided by you it not possible to get relieved before three months UNLESS the employer decides to do so! In this case the employer has decided against relieving you earlier that the due notice period and the employer has this arbitrary right to do so. In the contract of employment you have agreed to this term and now it is NOT possible for right for you to question it.
In a way you are stuck by the provisions of an agreement that you are a party to, even if the agreement is unfair in your perception NOW!
Your joining the new job BEFORE expiry of the NOTICE oeriod in the present job is unlikely to work out in your own interests. Kindly note the following:
- The new employer may ask you to produce RELIEVING letter from the OLD employer. Usually the receiving employers do ask for this! If you are unable to do so, you may not be allowed to join.
- It is not NOT right to agree to some terms when you want and disown later.
Alternatively, request the new employer to not insist upon RELIEVING letter and join. If they agree, your need is met! They can elect to NOT insist upon such a letter because they are recruiting you for your competence and not for compliance with this rule! The rule is good, breaking it is bad, yet the companies may choose to make an exception in their enlightened self interests.
But if you are contemplating to proceed at law, shun the idea. It will be a wast of time and valuable resource and is unlikely to give you any relief.
Trust the perspectives on possibilities are clear.
Regards
samvedan
November 24, 2010
---------------------
From India, Pune
Dear Gaurav
Mr. Samvedan has analyzed your case perfectly and given feasible solutions, including a few words of business wisdom, viz.
On the other hand, I notice a certain 'factual' discrepancy in your post. Initially you mention,
"I have given resignation on 14th Sept 2010 and it was "recd. and signed dated 15th Sept 2010" by my reporting head."
Then, in the e-mail you mention :
"In continuation of my resignation dated 14 Oct. 2010, i must be relieved on 13th Nov 2010.."
What is the actual Date of your resignation ?
If it is 14 Sep. then the three months notice period gets over on Dec. 13;
However if the HR is considering the relieving date as 11th January, 2011; then it must be according to the date mentioned on your e-mail.
Do get this clarified, as you attempt to buy your notice period.
Warm regards.
From India, Delhi
Mr. Samvedan has analyzed your case perfectly and given feasible solutions, including a few words of business wisdom, viz.
- "... and the employer has this arbitrary right to do so";
- "...persuade...Make personal visit/s (by appointment) and state your case";
- "...because they are recruiting you for your competence and not for compliance with this rule! The rule is good, breaking it is bad, yet the companies may choose to make an exception in their enlightened self interests."
On the other hand, I notice a certain 'factual' discrepancy in your post. Initially you mention,
"I have given resignation on 14th Sept 2010 and it was "recd. and signed dated 15th Sept 2010" by my reporting head."
Then, in the e-mail you mention :
"In continuation of my resignation dated 14 Oct. 2010, i must be relieved on 13th Nov 2010.."
What is the actual Date of your resignation ?
If it is 14 Sep. then the three months notice period gets over on Dec. 13;
However if the HR is considering the relieving date as 11th January, 2011; then it must be according to the date mentioned on your e-mail.
Do get this clarified, as you attempt to buy your notice period.
Warm regards.
From India, Delhi
Dear Gaurav,
I entirely agree with Mr.Samvedan's view. He has analysed your case word by word and given you to most appropriate solution to your problem.
Only one word of caution. Though your current employer may be willing to accept you without a relieving letter, you will also not have an experience certificate of your current employer. This may not be a favourable condition considering your long term career.
The only option for you is to request/ cajole/ plead with your prospective employer to extend the date of joining to fulfill your contractual obligation with your current employer. You have to instil the confidence in him that you are certainly going to join, he should not have the impression that you are seeking extension to pursue alternate employments. If this is done then the prospective employer will certainly agree to your request for extension.
The reason why most employers put pressure on employees to join immediately is to ensure that they join their company without pursuing alternate employments. So it is all about convincing.
Best regards
M.V.KANNAN
From India, Madras
I entirely agree with Mr.Samvedan's view. He has analysed your case word by word and given you to most appropriate solution to your problem.
Only one word of caution. Though your current employer may be willing to accept you without a relieving letter, you will also not have an experience certificate of your current employer. This may not be a favourable condition considering your long term career.
The only option for you is to request/ cajole/ plead with your prospective employer to extend the date of joining to fulfill your contractual obligation with your current employer. You have to instil the confidence in him that you are certainly going to join, he should not have the impression that you are seeking extension to pursue alternate employments. If this is done then the prospective employer will certainly agree to your request for extension.
The reason why most employers put pressure on employees to join immediately is to ensure that they join their company without pursuing alternate employments. So it is all about convincing.
Best regards
M.V.KANNAN
From India, Madras
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