Not giving relieving letter
Ravi
(Querist) 06 July 2016
This query is : Resolved
Dear Sir, please help me....
In April month Company has issued a transfer letter to me and all employees in Bangalore asking to shift to Mumbai and said that Bangalore office will be closed by June 30. It is not a temporary transfer depending on project, it is a permanent transfer, so I said no I am not in position to shift to Mumbai and I didn't signed on the transfer letter.
Before communicating about this transfer, one day before management has sent my confirmation letter(I was in probation, notice period is 1month on probation and 3months on confirmation) through email and asked me to sign on scan copy and send back. I signed and sent it back because I was not aware of the transfer which was communicated to me after a day when management visited bangalore to inform about the Bangalore office closure and transfer.
In May month I also called HR and sent email by again clearly saying that "I am not in position to shift to Mumbai and as Bangalore office is closing, I will complete my responsibilities and please relieve on June 30 the last day of Bangalore office as I have to concentrate on my career". In call HR said yes and didn't replied for my email.
In June, I worked for Saturday's and late nights upto 10.30 and completed my all my responsibilities loyally and handed over the projects to management assigned person through email.
On June 29 HR visited Bangalore office and said that I have to serve notice period(3 months) which is not at all applicable because company is closing the office and I am not in position to shift to Mumbai, so company has to relieve me on last day.
In Appointment letter there is a point that if I refuse to transfer on company requirement, company may can terminate my employment, which is blackmark for my career, by highlighting this point HR said that you haven't resigned and served notice period, so we can't give you relieving letter and asked me to send the resignation email, as I was scared of termination, I sent the resignation email on Jun 30 saying that please relieve on today Jun 30 the last of Bangalore office.
Now there is no Bangalore office and company has trapped me by taking resignation and is forcing me to serve notice period and not ready to give my relieving letter. Again I sent email by asking to accept my resignation and till now there is no reply.
Kumar Doab
(Expert) 06 July 2016
Did you consult a very able counsel specializing in Labor/service matters before acting on your own?
Obviously;NO!
You have acted on verbal communications of HR personnel. You have not secured reply in writing!
Is HR personnel your employer, appointing authority, authority to accept resignation?
Did you minute the transactions with HR personnel?
Apparently;NO!
Evidently you have grossly erred.
Your able counsel would have structured your communications and you could have just signed and submitted under proper acknowledgment and built some irrefutable written record to defend your interest.
You have worked for extra hours. Were you asked to work OT? Have you claimed OT?
Apparently the employer/its attorneys, schemed and sent confirmation letter was sent in advance so as to square off the dues.
You became a soft target by your own choice.
Has the employer kept same 90days notice period if it initiates termination?
Obviously 90days notice period is not beneficial for you but is for employer.
Relieving letter has to be supplied as it is a prerequisite for remaining employable and earn livelihood.
You may approach a very able counsel with all record ASAP.
Rajendra K Goyal
(Expert) 06 July 2016
You have accepted the letter fixing 90 days notice period.
Officially you submitted your resignation on 29 June, as per agreement you need to complete notice period of 90 days.
R.K Nanda
(Expert) 06 July 2016
Nothing to add.
