LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Early release from project/firm

(Querist) 02 November 2016 This query is : Resolved 
Hi,

My name is Vivek. Currently I am working with an IT firm, where I am serving my notice period. Officially my np end date is 28th Oct 2016. But while resigning I had asked for 10 days of early release as I have some personal work to settle in my home.
Keeping that in mind , I started working over the weekend in order to fill the gap of this 10 days. [Already completed 7 days]
Now when I am asking for release, my manger is saying that they have not communicated to client about my resignation. Communication to client in such as small time period will lead to client escalation, so in this situation they can't reduce my notice period.
Even though there is no dependency on me, they are holding me, hoping that they would get some resource in two weeks and they will show to client that we are replacing Vivek with new resource.

I tried to talk to HR, but they are not helping me either. They simply said, we won't interfere in this as this is related to billing loss of resource.

Kindly suggest what action I can take in this situation.

Thanks,
Vivek
Rajendra K Goyal (Expert) 02 November 2016
You have worked and resigned, after resignation there seem no reason why company should accommodate you. They would try to harass you by twisting your arm on your weak points. Only few companies extend cooperation in such cases. HR of companies are trained in this art.

Any legal step would not fetch desired results in desired time. Either work as per their wish and say good bye or leave work now and fight for years for your final payments, experience letter and other connected issues.
Kumar Doab (Expert) 02 November 2016
You have posted that:


"But while resigning I had asked for 10 days of early release as I have some personal work to settle in my home. "



How did you ask; Verbally or in writing?



"Now when I am asking for release, my manger is saying that they have not communicated to client about my resignation."



How did you ask; Verbally or in writing?

How is it replied: Verbally or in writing?



Saying,asking,telling etc are all verbal mode of communication and difficult to prove.



Whats is notice period in appointment letter?



What is the notice period tendered by you?



Did you tender notice period 10days less than notice period in appointment letter?



Is notice period tendered by you ending on 28th Oct 2016?



If yes then what is the issue?





Kumar Doab (Expert) 02 November 2016
Who is your employer; IT firm or client?


adv.bharat @ PUNE (Expert) 02 November 2016
Author need to explain the query raised by expert.
Vivek (Querist) 03 November 2016
Hi Kumar Doab ,

Sorry for late reply.

Every communication between my manager and me , is on writing (either on mail or over IM).
My official release date is 28th Nov, i have asked for the early release that is on 18th Nov.
In last month only, i reminded them for reducing my np date, but they sail give me couple of more days.
I was under the impression, that they will find a resource but things have been changed now.

My only concern is, if they are not able to find resource and not able to communicate to client, why they are harassing me.

Thanks,
Vivek
Kumar Doab (Expert) 03 November 2016
You have not replied to all points, pointwise.


Don't use SMS language!

What is IM; Internal Mail? If yes; your access can be blocked any time. Did you download it?


What is np;Notice Period?

Kumar Doab (Expert) 03 November 2016
You have posted that:


---"My official release date is 28th Nov,"



How is it official?

Have you tendered notice period upto 28th Nov?


Did you mention LWD in notice period i.e. 28th Nov?



Or is it issued by say: company's software resignation tool?



---" i have asked for the early release that is on 18th Nov."


How did you ask: in writing?



---"In last month only, i reminded them for reducing my np date,"


How did you remind; in writing?




Rajendra K Goyal (Expert) 03 November 2016
You mentioned:

My only concern is, if they are not able to find resource and not able to communicate to client, why they are harassing me.

Reply:

Please refer first para of my above reply.

There need no reason for such harassment from them.
Kumar Doab (Expert) 03 November 2016
The client for the said IT company might; Butter and Biryani for everyone i.e revenue and profit from which everyone is paid........................including but not limited to you.



If you can try to help them to find and induct a resource.



Or separate a happy note.




Vivek (Querist) 03 November 2016
Hi Kumar Doab,

1.My official release date is 28th Nov, this is generated by company's internal tool, which will calculate as per date you resigned. So , its coming for me as 28th Nov.
2.As I mentioned , I have asked for early release in writing (over e-mail).
3. I reminded them for reducing my np, using IM means, a messenger tool which companies use to call/chat within organisation.

Thanks,
Vivek
Kumar Doab (Expert) 03 November 2016
Did you fill the notice period and last working date in said internal tool?


Did you download the printout, screenshots?


Access to messenger tool which companies use to call/chat within organisation, can be blocked anytime and you may not get the copy later.



Resignation is a personal matter and can be communicated by letter or atleast by email from personal email id.There you can describe that you wanted to tender notice period of .................days but the tool on its own.................calculated as................However it may be read as...............days and LWD is dated............etc




Is there any option of notice pay in lieu of notice period?


Vivek (Querist) 03 November 2016
Hi Kumar Doab,

1.I did not fill the notice period date as it is system generated and only HR has access to change it.
2.I have the mail copy of my resignation and other mail where I have asked for early release.
3.I have copy of conversation history which i had with my manager.
4.There is no buy out option for notice period.

Thanks,
Vivek
Kumar Doab (Expert) 03 November 2016
While posting such queries employee should always post basic information;



What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?



What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..



Can anyone change/cancel your recommendations?



How many persons report to you?



You are in which state?

Your service is under probation or confirmed?



For how many months you have been working?



What is the notice period tendered by you?



What is the notice period as per appointment letter?

Has your resignation been accepted? Did you get reply?



Have you been getting salary slips?



What was your monthly salary with break up?


Are you a member of employee's/trade unions?
Have you consulted a very able counsel specializing in Labor/Service matters?

If yes what is his opinion?
Vivek (Querist) 03 November 2016
Thanks Kumar Doeb for your time.
Kumar Doab (Expert) 03 November 2016
You are welcome.
Rajendra K Goyal (Expert) 03 November 2016
Can proceed as per the advice from expert Kumar Doab.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :