Non acceptance of resignation and relieving letter
Jasmeet
(Querist) 23 July 2015
This query is : Resolved
Hi ,
I have joined an IT Company in 2011 with appointment terms of one month notice period and which was accepted by myself and signed . While , I was selected by another company and was suppose to get offer letter from them , current employer send an email that they have revised terms as condition of employment and they have sent letter mentioning complete details . We need to acknowledge that and send back to HO. In that letter , sent on 23 rd June as date 1st April , it was mentioned that notice period has been changed to 90 days . Notice pay clause is mentioned which is subject to clearance from Management . I have not accepted this and acknowledged as not agreed .
I have put my resignation on 3rd July with one month notice . But HR has been replying to serve 90 days notice . They are not even accepting my resignation and only mentioning that 90 days notice has to be served and not ready to deduct notice pay even and just want me to serve 90 days notice . New Guy in my replacement is joining on 27th July '2015 . I am ready to complete all hand over procedure and even ready to stay few more days if hand over is not complete .HR has Instructed all line managers not reply on mail. Future employer is getting desperate as I am not able to give them joining date as relieving letter is must to join that company . Please advise what should be done in this scenario .
Kumar Doab
(Expert) 23 July 2015
You have posted that:
---“ HR has Instructed all line managers not reply on mail.”
Can you download any evidence of it? If yes keep it safe with you. It may be evidence of transgression, intimidation, coercion etc!
Without attaching it you have the option of escalating to good offices of appointing authority.
HR is just another employee in the company and both HR and employer are inferior, subordinate, and servant to the law of the land and rights of its citizens and employees too.
In your case the HR has turned vindictive and zealous and is probably has taken your case as a meritorious opportunity to prove something to his/her master and further his/her career.
In your case the HR shall make his/her career by troubling you in both cases: if you withdraw your resignation or if you chose to leave despite tantrums of HR personnel.
Hope you have understood this much.
---“ Future employer is getting desperate as I am not able to give them joining date as relieving letter is must to join that company .”
This is precisely where majority of the employees make mistake.
The employee must submit in writing under proper acknowledgment and obtain confirmation in writing that it shall absorb the candidate on the strength of copy of resignation only and buy out the notice period and shall not demand service certificate, relieving letter and/or shall not withdraw the offer/or terminate later if acceptance of resignation/ service certificate/relieving letter are not supplied by past employer to employee and by employee to current employer.
---“ I have put my resignation on 3rd July with one month notice . But HR has been replying to serve 90 days notice. They are not even accepting my resignation and only mentioning that 90 days notice has to be served and not ready to deduct notice pay even and just want me to serve 90 days notice.”
Since you have not accepted the change in service conditions the written communication of HR personnel to serve 90 days notice period seems to be transgression.
Since you have yourself declined to accept the notice period of 90days, you should not make any offer in writing for notice pay of 90 days.
The HR personnel have already declined to accept the offer of notice pay for 90 days!
It seems that your case has been taken up to set an example for other employees and frighten them to fall in line.
You are closes to the facts and can ascertain if you withdraw the resignation you shall be harassed further or not!
---“ I have joined an IT Company in 2011 with appointment terms of one month notice period and which was accepted by myself and signed . While , I was selected by another company and was suppose to get offer letter from them , current employer send an email that they have revised terms as condition of employment and they have sent letter mentioning complete details . We need to acknowledge that and send back to HO. In that letter , sent on 23 rd June as date 1st April , it was mentioned that notice period has been changed to 90 days . Notice pay clause is mentioned which is subject to clearance from Management . I have not accepted this and acknowledged as not agreed .”
Now on the strength of which clause in appointment letter or any other policy/rule mentioned in appointment letter the HR personnel is insisting that even if you don’t accept and reply in writing ‘as not agreed’……………………….the change in service conditions can be enforced on you??
---“ New Guy in my replacement is joining on 27th July '2015 .”
So the replacement has already been arranged and inserted.
“I have put my resignation on 3rd July with one month notice .”
Your notice shall expire on close of office hours of 30th day from 3rd July and replacement is available.
“I am ready to complete all hand over procedure and even ready to stay few more days if hand over is not complete .”
State so in writing under proper acknowledgment with a copy to you.
---“ In that letter , sent on 23 rd June as date 1st April’
Cover it in written communications and establish a backdated and stale letter was sent.
Take your next employer in confidence and appraise it of everything in writing and try to extract a support in writing.
Can you do it?
Escalate to good offices of appointing authority,MD in current employment.
Can you do it?
Jasmeet
(Querist) 24 July 2015
I have sent below mail today , do u think this will work
I have resigned from my position as Assistant Manager - Sales on 3rd July '2015 in XXX and still acceptance on mail is to be provided either by XXX ( Third party agency ) or XXX ( Principle client ) as my replacement has already being appointed and is due to join on 27th July '2015 .
a) As per my resignation dated 3rd July '2015 , I have requested to relieve myself after completing one month notice which has been mentioned in my appointment letter and accepted in written .
b) I have received back dated letter , which was dispatched from XXX HO on 23rd June itself , back-dated 1st April '2015 in which revised terms and conditions were mentioned and were to be acknowledged by employee in written and which were not acknowledged and agreed upon by myself ( mail and soft copy attached ) .
c) Now on strength of which clause of my appointment letter , I am being insisted that even if I don't accept in writing , the change in service conditions will be enforced upon me .
d) On expiry of my notice period for 30 days , replacement will be available with the company .
e) I am ready to complete all handing over responsibility to new replacement & line manager and even ready to stay week more , if handing over process is not completed .
f) I have achieved 93% of my target in the month of June '2015 ( snapshot of XX attached ) and salary due is for Rs 57911 ( Along with incentives ) for the month of July'2015 .
Total Basic Pay for two months is Rs 40392 /- ( RS 20196 - Basic Pay ) , which can be deducted from my July'2015 Salary ,if required to relieve myself .
I have served four years in this organization and have contributed to the growth of the company . It is my humble request to consider my case and relieve myself after completing one month of notice period .
Jasmeet
(Querist) 24 July 2015
I have checked with my colleagues that they are about 7 - 10 employees more who are in the same situation . Few had accepted the revised terms and condition letter and then resigned while few have not accepted . HR has been adamant with all these employees .
Kumar Doab
(Expert) 24 July 2015
First thing First: Take your next employer in confidence and appraise it of everything in writing and try to extract a support in writing................and in particular that it won't terminate if service certificate/relieving letter is not supplied to you by past employer and by you to current employer.
Secure an employment past or future as you deem fit.
Since you are closest to the facts you can decide best for you.
Your notice period is likely to expire in a few days time.If you decide to resign then submit the final resignation (by Letter thru Redg. Post and scanned copy of resignation letter and receipt of redg. Post) addressed to good offices (and others if required). The purpose is to defeat an attempt to level charges of absconding/absenting/abandonment.................and create way for termination. If employer is directing the HR then they may do it.
You must obtain the proof of delivery (downloaded from indiapost website and hard copy (free of charges) from sub-postmaster/head postmaster by writing a application under proper acknowledgment and also certified copy of runs sheet of postman against a fee of Rs.10/)
You must have clinching evidence to contest if required.
You have to tender resignation to the employer that has issued the appointment letter to you.
The employees that are being harassed can approach good offices as and when you deem it fit and minute the actions of HR personnel.
There are many IT/ITeS/female IT employee's/Trade Unions that have done good job and can render support to you.
You can always consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in labor-service matters.
You may discuss with elders of your family too.
Your counsels may ask you a set of structured questions and may opine that you shall be covered by the def. of 'Employee' as in (Name of your state) Shops and Commercial establishments Act, 'Workman' as in ID Act, and opine that you can raise a dispute NOW also and approach:
---Inspector appointed under (Name of your state) Shops and Commercial establishments Act,
---O/O Labor Commissioner
---Higher Officials of Dept. of Labor in your state
---Civil Court
---Employee's/Trade Unions
Your counsels can draft your representations.
Jasmeet
(Querist) 25 July 2015
Next employer is insisting on relieving letter as mandatory requirement . This is where the main issue is and requirement of relieving letter . I have explained to them the complete situation but they have not been giving any commitments on it and requesting that I should push current HR to relieve as soon as possible .
