LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Palash ( QA engineer)     10 August 2014

Re-leaving letter issue with it company

Respected Sir,

 

I am working in a software company for last 3.3 years. I have resigned the company because i want to go back my native and search job over there due to family responsibility.

As per my appointment letter it is mentioned that i need to serve 2 months of notice period. Notice period can be extendable if assignment not completed.

I asked them for early release from project showing them my issue but they ask me to serve 2 months. Even though i have personal problem i am ready to serve it . When same news i have delivered to my PM that i will serve 2 months then their game plan suddenly changed and now they are telling me it could be 3 months also. I refused to stay more than 2 months and they started Mental harassment everyday. HR couldn't help me because he is not releasing me from the project. I think i can be easily replaced by some one in 2 months of span.

 

I newly appointed in a project  and project span is 4 months. My questions are given below.

1. Is it possible to then to extend the notice period even after serving full notice. Is it legal?  As per my thinking notice period couldn’t be infinite.

2. I am in the middle of notice period . If they will not provide me reliving letter in time because 3 days back I got an offer from one company   in my native where it is mandatory.What should I do.

3. Is there any law that can prevent from mentally harassment because I have resigned?

4. They are telling me that they will spoil my career if other company background verification comes. Can they do that?

 

 

 

 

 

 



Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     13 August 2014

This is another common aspect where an employer of a private concern wreaks vengeance on their disobedient employees on the matters of difference of opinion and other ego issues.   If your company's offer letter says that you have to serve two months notice period, you do it in writing and quit the company by tendering your resignation in writing quoting that you  have resigned after adhering to the conditions of employment and place request for relieving letter and F & F settlements as well, if the company refuses in writing, then you may choose legal action

Palash ( QA engineer)     14 August 2014

Thanks Sir,

 

Actually  I want my relieving letter and settlement for my next company which is mandatory .

 

Regards,

Palash C 

T. Kalaiselvan, Advocate (Advocate)     14 August 2014

If your present company is not cooperating, the copy of your resignation letter and a copy of their reply may be attached as annexure to yur joining report in the new company in which you have to express your inability to produce the relieving letter from your previous company which is showing its indifferent attitude towards you.  Your this self explanation letter may convince your new employer.

Palash ( QA engineer)     14 August 2014

Thanks,

As per my knowledge re-leaving letter and final settlement letter is needed to prove a smooth career in over all. May be in future it is needed for other company. Please help me by the information whom should I approach in legal way to deal with this.

 

They initiated my Visa for AUS by saying there is an opportunity but not sent. I didn’t sign any bond for that. They are asking money back saying in-fact no reason.

 

 

How to deal with this situation?

Palash ( QA engineer)     14 August 2014

Thanks,

As per my knowledge re-leaving letter and final settlement letter is needed to prove a smooth career in over all. May be in future it is needed for other company. Please help me by the information whom should I approach in legal way to deal with this.

 

They initiated my Visa for AUS by saying there is an opportunity but not sent. I didn’t sign any bond for that. They are asking money back saying in-fact no reason.

 

 

How to deal with this situation?

Kumar Doab (FIN)     16 August 2014

Since majority of the employee’s of your trade do not form unions, you are prone to exploitation like this.

1.Inform the next company preferably in writing even if by email from personal email id that you have shred the T&C as in your appointment letter including on Notice period and current employer is unwilling to accept your resignation before completion of so called projects hence you can provide only the copy of notice of resignation and proof of its delivery and you should be absorbed on the strength of these alone……………..

You may also mention that your superiors have indicated that adverse comments in BGV should be posted and next employer should provide copy of BGV to defend you from negative feedback and its consequences in future…………

You should obtain consent to buy your notice period/pay unconditionally and it should be paid to you immediately on joining.

2. Record all threats being made to you and keep the memory card safely.

3. Let your lawyer now structure and draft your representations to good offices of appointing authority, MD, Chairman…………………………and you can also approach employee’s unions, trade unions………………..

4. Notice period of 2 months may not necessarily apply to you…………..

You may pick up relevant points from various threads e.g;

 

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

 

 

 

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA

 

https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM

https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM

https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM

 

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM

 

 https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM

 

https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM

 

 

Palash ( QA engineer)     03 September 2014

 

  d-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM

 

 

another Interesting clause introduced by my company. i am serving my notice period and it is 45 days over. now they come up with another rule that "  notice period is extended from 2 months to 3 months with effective from 3/09/2014 . the date mention is after the date i put my resignation. now they forcing me to serve 3 months. I thing now there is noting but dealing the matter legally . Kindly suggest me in that.

 

How a company extend the notice period for the employee after putting paper already and that is also 45 days notice period over? 

Kumar Doab (FIN)     03 September 2014

You may submit  a gentle reply in writing under proper acknowledgment that this clause is not applicable to you as you have already tendered your notice of resignation on dated..............................

Notice period applicable to you may not be more than 30 days...............

You may decline to accept FnF statement in writing  and claim the unpaid amounts later.............. 

Approach your labor consultant/service lawyer...............

Palash ( QA engineer)     04 September 2014

Thanks for the reply.

Can you please tell me how to approach to labor consultant as i don,t have any idea regarding that. What are the action they may take in favour of me to deal with the situation.

 

Regards,

Palash C

Kumar Doab (FIN)     04 September 2014

Last Reply

Labor Consultant/Service lawyer is approached like any one shall approach any other lawyer.

Show all docs on record, give inputs, understand the merits and remedies that are possible in your case.

If you are facing any difficulties keep your elders in the family by your side. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register