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Priyabrata Dash (ABC)     19 June 2010

My Releaving Letter

I am from Chennai and have worked with one of the reputed IT firm for 3.5 Years. It was my first job and I have had a good experience with the company where I worked very earnestly. This February because of personal reasons I resigned and left the company in March on the notice of 1 Month instead the required 3 months notice. I kept communication through email and calls requesting them a lot to provide my releasing and experience letter. But in return they declared me absconding and sent me a termination letter. Now having given so much effort, weekends and late nights to this company and then treated in such manner really made me sad. I had high regards for the company but the HR practices really lets it down. I don’t know what to do. Also I need these documents on a short notice. Don’t know if legal discourse is the last option. Hope the HR of the company acts sensibly and at least give respect to 3.5 years of relationship rather than just destroying careers over 3 months notice periods. I had also got ready to pay the damages if any to the company but then also they dont agry. I do not understand why the HR is hell bent on not settling things with me. Some times it becomes difficult also to negotiate things with them as they dont even tend to pay heed to the requests. I even let down my self respect and apologized for issues if any but then also their response was lukewarm.



Learning

 3 Replies

venkatkrishna (AGM)     19 June 2010

Hi  Priyabratha

Now days  90% employers  are  doing this nonsence.  In olden days  there is  a  respect for seniors and  humanity.   That too  emploees  feel proud  to get  retirement in the co.,  But now days  those thoughts are gone.  I  point out the present generation  and  the job market situation.  

Really  if  the employer  leaves  the  employee who opt  to go out, it is  better for both of them to allow the employee hapily.  If employer forcefully keeps him,  he cannot perform within uncofortble zone.

Any  how,  did you offer  payment of  remaining 2 months salary to the employer.  What  your  employment terms and conditions says.  Any such option is there.   Contact your  local  lawyer and issue a notice for harrassment by the employer.

It is the time  to raise  voice  of  all such  victims  in the hads of employers openly  and  I request  all such  persons  to write  letters to  Ministry,  Judiciary , Media  and  drag such  inhuman employers  on the road.

Basavaraj (Asst, Manager-Legal)     19 June 2010

Dear Priyabrata Dash,

I do agree with Mr.Venkatakrishna. But in India there is no unique system at corporate sector, we do know that we need to act on the instructions of Management, if your performance is well you can survive otherwise NO MATTER GO HOME, THIS IS THE POLICY OF COPORATES IN INDIA ????????(Interested persons can work that’s it). This bad syestem has to be changed.  

Come to the legal view. In your case so many questions to be clarified.

1.    What is your notice period stated in your appointment letter. If 3 months we should obey to it, however there will be option to the Management to accept your resignation on 1 month basis, it is Management judgment.

2.    You have stated that you resigned in March. Let know whether have you given your resignation in hard copy or soft copy (email)to the Management and have you taken endorsement on that from the Management If yes –No need to afraid, it demonstrate as evidence that you have resigned from the service. In that your Company will looser (if you have your accepted resignation or email copy).

3.    It is so then your Management termination letter is illegal and there is no legal sanctity.

4.    If you desire to move further, you contact local lawyer (who expertise in H.R. issues), to send a legal notice for account and damages and mental torture.

5.    Also you can lodge complaint to Commission of Human Rights as well in police station against the Management (make against MD then things will happen summarily) for illegal termination and damages as well harassment and torture.

6.    In my organization same the similar issue had happened that person lodged the complaint against our MD in NHRC (National Human Commission) commissioner personal came to our company with cops, there will no option to our MD from apologized and settled his accounts).

For further details better you consult your local lawyer, pleas.

 

Regads

 

BASAVARAJ    

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     19 June 2010

HRC s will only  take complaint if you involve any government/state police as parties . It won't entertain private disputes and litigations.  


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