Termination after resignation
Guest
(Querist) 13 May 2015
This query is : Resolved
Hi All,
I was working with Xerox, Noida as Sr. Analyst from 32 months. I have received a better opportunity so submitted my resignation to the organization on March 09, 2015. As per company policy, "either party may terminate the contract by giving a prior notice of two months to other party or payment of salary in lieu thereof. I have made a request to my Manager to relieve me by 17th April and ready to pay the short fall of notice period as cash. He simply denied my request by giving business need as the sole reason, and accepted the resignation by saying that we can't relieve prior to 30th April. Since I had to join the new organization, so I have wrote an e-mail to the manager and keeping all the upper management in loop that I will not be able to serve the organization after 17th April and this should be considered as my LDW. Mean while I have sent a legal notice through an Advocate regarding the same but they didn't reply. I have joined the new organization from 25 the April, meanwhile the HR sent me a show-cause notice for not reporting to Xerox Noida office from 18th April and asked to me to report on prior to 12:00 noon on 28th April(even though I have received the courier on 28th Evening).I have replied on this matter through e-mail. At last they sent me a termination letter stating that “you were asked to report to work no later than 28th April. The company has failed to get any response from you on this matter, so your service from Xerox have been terminated effective 28th April”. I want them to provide me proper reliving with exp certificate.
I am harassed by them from last two months and my work at current organization also gets affected.
Kuummaar AS
(Expert) 13 May 2015
You have mentioned that you sent a legal notice through an Advocate. Please elaborate as to contents of such legal notice as also inform date on which it was received by the Company,
Guest
(Querist) 13 May 2015
Dear Kumar,
The Legal notice was sent by My Advocate on 09/04/2015 and same has been received by the Xerox authority on 13/04/2015.
Here are 4-5 paragraph of the content
That in the said email my client inform you and your official that he we ready to serve against the post of Sr. Analyst for the net one month and he was ready to pay an amount equivalent to the salary of the month.
That however, vide various emails and personal discussions, my client was informed by your officials that he will not be relieved from his job before 30th April 2015. Upon this my client agreed to continue his service till 17 th April as it was the maximum period for which he is capable to serve in your company and he will not be able to continue his service after 17th April 2015 and he requested for reliving letter from the concerned officials of your company, however the concerned officer has flatly refused to issue a reliving letter in favour of my client.
That to the shock and surprise of my client he was threatened by officials of your company that they will provide negative remarks in reference check and background verification and also declare my client absconder in case he does not continue in service till 30th April, 2015
That according to the law of contract as well as the agreement between my client and your company, my client is free to serve in the company till the time his desires and he is free to resign from the company any time by giving a notice of two month of in lieu of it an amount equivalent to the salary of two months.
That it is brought to your kind notice that article 24 of the Indian constitution of India prohibits forced labour and any contravention of the same is punishable under various civil and criminal law of our country.
I, therefore call upon you through this legal notice to
a. issue reliving letter to my client within 3 days of receipt of this legal notice.
b. issue an exp. certificate to my client for the period of service done by my client in your company.
It is again brought to your kind notice that if you failed to abide by instructions of this notice and failed to issue the requisite certificates to my client within 3 days of receipt of this legal notice, my client is likely to suffer irreparable loss as he is bound and free to join any other company according to his wish and in case, he is not in position to do so in absence of the reliving letter and exp certificate and your company will be liable to compensate my client for the same.
Guest
(Querist) 13 May 2015
Dear Kumar,
The Legal notice was sent by My Advocate on 09/04/2015 and same has been received by the Xerox authority on 13/04/2015.
Here are 4-5 paragraph of the content
That in the said email my client inform you and your official that he we ready to serve against the post of Sr. Analyst for the net one month and he was ready to pay an amount equivalent to the salary of the month.
That however, vide various emails and personal discussions, my client was informed by your officials that he will not be relieved from his job before 30th April 2015. Upon this my client agreed to continue his service till 17 th April as it was the maximum period for which he is capable to serve in your company and he will not be able to continue his service after 17th April 2015 and he requested for reliving letter from the concerned officials of your company, however the concerned officer has flatly refused to issue a reliving letter in favour of my client.
That to the shock and surprise of my client he was threatened by officials of your company that they will provide negative remarks in reference check and background verification and also declare my client absconder in case he does not continue in service till 30th April, 2015
That according to the law of contract as well as the agreement between my client and your company, my client is free to serve in the company till the time his desires and he is free to resign from the company any time by giving a notice of two month of in lieu of it an amount equivalent to the salary of two months.
That it is brought to your kind notice that article 24 of the Indian constitution of India prohibits forced labour and any contravention of the same is punishable under various civil and criminal law of our country.
I, therefore call upon you through this legal notice to
a. issue reliving letter to my client within 3 days of receipt of this legal notice.
b. issue an exp. certificate to my client for the period of service done by my client in your company.
It is again brought to your kind notice that if you failed to abide by instructions of this notice and failed to issue the requisite certificates to my client within 3 days of receipt of this legal notice, my client is likely to suffer irreparable loss as he is bound and free to join any other company according to his wish and in case, he is not in position to do so in absence of the reliving letter and exp certificate and your company will be liable to compensate my client for the same.
Kuummaar AS
(Expert) 13 May 2015
The reason why company has behaved with you like the way you have told can be inferred from the way you address an expert.
Guest
(Querist) 13 May 2015
So what should be the next course of action from my side
Yudhish Padman S
(Expert) 14 May 2015
Dear Pravin,
Issue another legal notice and initiate appropriate proceedings before a civil court/labour commissioner (as your case may be) for further action. If you have not received your original academic certificates, you have the option to approach Police. Kindly consider Mr.Kumar AS's comment on 'the way you address an expert'. Many experts in this forum are way more experienced and aged than your good-self.
Guest
(Querist) 14 May 2015
Thanks Yudhish
Guest
(Querist) 15 May 2015
Experts can you please help me on this.
Kumar Doab
(Expert) 16 May 2015
Expert Mr. Kumar AS and Expert Mr.Yudhish Padman S, have commented and reiterated
"on 'the way you address an expert'. Many experts in this forum are way more experienced and aged than you"
The remedies have also been suggested by the experts.
Visit an able lawyer specializing in labor Law/Service Matters in person with all docs on record.
You have already visited a lawyer and proceed further under advise of your lawyer.
T. Kalaiselvan, Advocate
(Expert) 16 May 2015
As rightly observed by experts, you may correct yourself in future while addressing dignified people in public, may be your this attitude would have been considered as arrogant hence the company might have taken action that way or for some other reason(?), any way, please stick tom your advocate's advises on this issue.
