Srinivas (Lead Engineer) 10 July 2011

3 months Notice period

Dear Lawyers, Here's my case,

1. I joined one company XXXXXX in bangalore, the employment agreement says 3 months notice period.

2. I spent 7 months in the company and only 3 months was prodcutive and rest was no work period.

3. I enquired my boss (reporting Manager) about plans for me immediate, long term, he was negative and said there is hardly any work projection for the type of work I specializes in.

4. There was a review presentation of employees who have completed 6 months of work, I was in the list too, but they postponed the review presentation without any reason/s, whereas people who were junior to me in the list were made to present ahead of mine. Suddenly there was negative attitude towards me no one spoke to me and also they simply cut Rs.5000/- in my salary as loan even though I have not availed it.

5. I really got frustrated and resigned and informed my boss the issues behind my resignation which were not negotiable.

6. Resignation was accepted w/o calling me/writing to me, my boss kept on wishing me good luck as I was dis-heartened due to negligent attitude of the management.

7. After 5 weeks I get job and I ask them relieving letter, they say pay up three months salary else reliving letter cannot be issued. This was shocking to me. The management has told my boss not to communicate with me and he stopped all of a sudden. Only my Reporting manager knows the truth, he knows that 3 month notice period is too harsh as there was any plan for me in the company.

8. Since days were less I paid up Rs.50,000/- (they initially told Rs.10,000/- as initial payment, they kept on increasing Rs.10,000/- every hour) finall I said I can't pay up 90,000 in full they accepted Rs.50,000 and gave me reliving letter.

9. One high point of the drama was that I told them three months notice is too steep I will not join new company but requested them to reject my resignation and I will join back, they promptly rejected it.

10. I have discussed my issue with several people including HR professionals, all are saying company had been unfair and they say get in touch with RM and convince management that the notice period is too harsh when there is no plan for work in the company.

11. I have instructed the bank not to honor the cheque and I have written to my RM and company CEO to discuss the matter. CEO has positively recieved my e-mail, I could not meet him and say whole story at the time of resignation as he had haert attack and was unwell.

12. Am I right that notice period can be broken in two ways, i.e. pay up or serve up, why the management was unanimous only on payment & not service ? Does my case carry any merit ? How should I argue with my CEO, he's a fragile man but still he's willing to meet me.

PLEASE HELP

THANKS IN ADVANCE

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2 Replies

Kumar Doab (FIN) 10 July 2011

In your appointment letter notice period during probation and after confirmation of service is mentioned.Apparently your services were not confirmed in writing.

3 months notice period during probation period is unreasonable.

Your CEO is willing to meet and you have posted that he is willing to meet and seems to be reasonable person.

Explain the situation to him and win him over with logic and he can waive off the notice pay. request for a positive reference check, for your future ventures. You may submit the minutes after the meeting, and thank him for his positive response.

Obtain the letter confirming the waiver Preferably back dated to cover the cheque bouncing, or they may mention that the cheque number..shall be returned to you. Obtain your F&F,work experience certificate,form 16, PF accumulation reports,PF transfer/withdrawl forms,NOC/NDC, etc... and leave with a positive note.

World is small and anyone may come across anyone.

Srinivas (Lead Engineer) 11 July 2011

Dear Kumar Doab,

Thanks for responding.

1. I resigned the company b'cos I was not confirmed on or by 15March2011 (my 6 months completion), plus since my RM did not have clarity of my roles & responsibilities both in immediate & future terms. So I had to resign, moreover my presentation for confirmation was postponed 5 times and none of the time they ascertained any reasons I was depressed and I resigned.

2. As per company records I am un-confirmed even as of 19thMay2011, they have issued relieving letter with employee ID identified as unconfirmed employee.

3. My father is HR professesional, I am unable to share this as he is heart patient, but I discussed the matter with his students who were unanimous in saying the company has indeed taken me for a ride.

4. I resigned with 5 distress points which includes kind of harrasment in the form of silence on confirmation , none of them were discussed and my resignation was accepted without even talking/writing to me.

5. I was jobless for 1.5 months, my RM was sympatheic to me all the time but when I got job he stopped communicating to me (mostly due to pressure from management). Suddenly they came up with 3 months notice period rules, I requested to make it 3 months Basic pay but they insisted me to pay up full salary which works out to 1lac.

6. My RM is also guilt that I have been taken for a ride, but he is not talking or responding to my emails due to pressure of management.

7. CEO is a good person as he has entertained to discuss the matter, I will tell him that due to in-ordinate delay in confirming me was the main reason why I quit. I am sure he will empathise with my plight and return all my money.

Thanks for responding, any ideas, any tips are welcome from respected forum.

Thanks again