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Notice period on resigntion

(Querist) 09 September 2016 This query is : Resolved 
Dear Sir/madam,

I had recently resigned from my present employer and given 47 days notice communication and ready to pay balance 13 days to employer (60 days notice as per appointment letter). Have got the acknowledgement from the employer in the form of Resignation Acceptance Letter.

But, my line manager asked me to submit the laptop and company sim card on the very next day of my resignation and blocked the mail id as well. Normally this will happen whenever there is an integrity issue. Now here the situation is clearly ego. The same thing has happened to one of my collegue as well who resigned on the same day.

This is actually embarassing us to be with de-link from the work and sit at idle till our last working day.

My queries in this regard are..

1. Although he is at "power of authority", can he voilate the exit procedure?
2. He is ready to pay the notice period but taken laptop & sim card on very next day. This is very embarassing and creating false impression in the job market on our career.
3.This is creating lot of mental agony and frustration because of this kind of exit. Can I send a legal notice to the employer (line manager. If so I have to send the legal notice during my notice period or even after getting full & final settlement from the employer?
4.If I send the notice, Can I join with any other organisation after my last working day (as per resignation letter)?


I want to initiate this and expecting this will not happen in future with my other collegues, because this is how he will treat the employees who reports in his division.

Please suggest.

Thanks,
Naveen
Raj Kumar Makkad (Expert) 09 September 2016
1. None can violate but there may be some issue which our Line Manager may not bring to your kind notice.

2. This is not new in job market. don't take it seriously and who outsider know that such treatment has been meted out to you. Be happy and do't take it seriously.

3. I shall not advise rather express yourself as if nothing has happened.

4. It may become an issue.

In private sector, none cares for all such issues. It generally happens.
Kumar Doab (Expert) 09 September 2016
First of all do not get carried away by 'Terms, terminologies' applied in private and inner spheres by a private establishment.




Be clear on enactments that apply to establishment/employer/employee.




The Exit Procedure is usually drafted by HR/Board so as to ensure compliance to enactments that apply and also the smooth handover of charge/assets and to mind business interest and avoid litigation and its consequences (adverse consequences).



The Line Manager might be a stakeholder in Exit Process.


He might be installed for a nuisance value.

It can be at the behest of his/her masters.


In case if establishment gets a bearing then he/she is there to be blamed and to forwards his neck.




If you have the exit policy and line manager is any sense is not empowered to ask to surrender the company assets then you can show him the mirror in the wall or sole.



The question arises by which published rule,policy,power he does it with all employees.




If all employees have the nerve and are united then has anyone mocked such mocking monger by watching play-station at your K5.




This is one stance.







Kumar Doab (Expert) 09 September 2016
The notice period of 60 days may not necessarily be applicable in your case.


You seem to be contemplating BGV.



Kumar Doab (Expert) 09 September 2016
You may find some other threads relevant e.g;



http://www.lawyersclubindia.com/experts/Experience-and-relieving-letter-614726.asp



http://www.lawyersclubindia.com/experts/Negative-Verification-615096.asp
Rajendra K Goyal (Expert) 21 September 2016
Well advised, agree with the expert Kumar Doab.


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