Termination after resignation
mahadevkumar
(Querist) 09 April 2015
This query is : Resolved
Hello Experts,
I work for a IT MNC in Chennai which has the India headquarters in Bangalore. I have resigned from my job due to heavy pressure from my work and given 3 month notice period as per terms and condition. My normal office hours is 9AM to 6PM. As per my offer letter the reporting time to office is 9 AM. I told my manager that I will work only between 9AM to 6PM and I will not be available after 6pm due to personal reasons. My manager is threatening me saying that I have to work and support business as it demands otherwise the issue will be taken to HR for termination with no relieving letter. If this is the case this will affect my future employment prospects. Can they really terminate me after my submission of resignation without giving relieving proper letter . Kindly advise me how to proceed and get the relieving letter smoothly.
Regards
Maha
Jayaraj Poojari
(Expert) 10 April 2015
At your work place you are the best to judge your own situation and act accordingly to minimise inconveniences. Legally speaking management has to abide by the terms and conditions. Engage a lawyer to handle the issue.
Dr J C Vashista
(Expert) 10 April 2015
Resignation is submitted by employee whereas termination of service of the employee is a disciplinary action/ a sort of punishment, which cannot be used concurrently. Termination from service shall affect future job prospect.
Consult a local lawyer.
Rajendra K Goyal
(Expert) 10 April 2015
Employee can be suspended even after submission of the resignation letter if the resign has not been accepted.
Try to have a honorable bye bye.
Raj Kumar Makkad
(Expert) 10 April 2015
I do agree with the advice of Rajender K Goyal.
mahadevkumar
(Querist) 10 April 2015
Resignation has been accepted but still the threat
Kumar Doab
(Expert) 11 April 2015
The onus to prove the pressure, threat etc may fall upon you.
You must generate evidence::::to contest if required at appropriate time in appropriate forum if required.
There are rules for extended work hours
or OT and a capping on OT.....management should submit a written communication for it.
The employee should become member of Employee's (IT/ITeS employee's/Trade Unions) and be properly informed and supported.
Employee should retain access to an able Labor Law Consultant/Service matters lawyer and consult in advance.........and build irrefutable record/evidence.....
Is your manager or even HR your employer?
Managing bosses is also a skill.Any skill can be acquired.
Resignation can be without permission and notice.
Thee enactments applicable to establishment/employer/employee shall decide and govern the service conditions and not any private agreement/rule/policy drafted by employer be it :::appointment letter/contract of employment....HR policy/service rules and regulations etc......
If as per applicable enactments ....there is no service condition laying down condition of acceptance of resignation then there can' be any such condition.....if there is any such condition then it is applicable to both employer and employee by virtue of equitable discretion or it can be termed arbitrary.....
In your case you have displayed character by tendering full notice period whatsoever inserted in appointment letter and your resignation is accepted.
The conduct of manager is bad.
Still you should prepare well before initiating any debate and avoid altercation.
What is your designation and nature of duties?
Since how many months you are working with this company?
How many persons are reporting to you?
Do you have any power to sanction leave/increment/appoint/terminate....................? You should clearly distinguish you have authority to sanction or recommend...........and can your recommendations be changed/amended by anyone above you?
