Not serving the full notice period

Join bindas other company. Don't worry abt notice period n relieving letter.

The notice period condition by the company is not proper and legal if it is understood in the way you have interpreted.  Since your company has accepted your resignation, if they are not issuing the relieving letter after buying the notice period of another two months, you may take up the matter with the employer directly in writing narrating the entire events that took place including acceptance of resignation and ask him to relieve you on the stipulated date, after which you can think about further legal actions on the advise of a local labor law practicing lawyer by approaching him/her in person.

HOPE YOU WILL TAKE THIS POST POSITIVELY!

 

Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONY'S in Line/HR Managers????

Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!

Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.

 

Who has drafted such clauses to be inserted in appointment letter and who has passed such clauses e.g. : HR Manager and Board of the company?

If it is illegal then employer won’t offer his neck but may pass the buck on HR manager.

This daring HR manager has suggested and inserted such T&C either being fully aware/or being unaware that it can be declared unlawful/illegal……………………..and even that it might be pleaded as civil case and no punishment with jail time be awarded.

 

 

The Relieving Letter signifies that ‘Nothing is due towards Employee’.

 

The Relieving Letter is a privately coined term by employers to keep their foot and control upon employees.

It has become a custom to ask for ‘Relieving Letter’ and without it next employer may not allow to join and as much as that it may terminate after joining if relieving letter is not produced.

THUS DENIAL OF RELIEVING LETTER CAN AFFECT EMPLOYABILITY/ABILITY TO EARN LIVELIHOOD,AND CAN BE MISUSED AS A BAIT,COERCION,INTIMIDATION ETC……………HENCE IF THERE IS INFACT NOTHING PENDING AT THE END OF EMPLOYEE AND STILL EMPLOYER OR ITS CRONIES/ATTRONY'S IN LINE MANAGEMENT/HR DECLINE TO SUPPLY RELIEVING LETTER (AND EVEN IF THEY WRITE NEGATIVE COMMENTS IN BGV/REFERENCE CHECK IT CAN BE A FIT CASE FOR DISCRIMINATORY RETALIATION).

The questions arises: What loss is caused by employee, who will determine the loss and quantify it and communicate to employee in writing, if notice pay has been recovered in FnF statement then why Relieving Letter shall not be issued, does notice period of 90 days apply in your case, are the T&C quoted by proper or VOID?

 

You should start building favorable written record under expert guidance of your lawyer for use at appropriate time in appropriate forum.

 

It is almost certain (from the language of T&C posted by You) that Line Managers/HR Managers will follow the published/verbal instructions of their masters and defend their job than to risk their job by granting easy escape to you.

 

You may reply pointwise to each point:

1.       Do you have copy and acknowledgment of notice of resignation tendered by you? It was addressed to whom?

2.       Who has signed the appointment letter? Who has replied to your notice of resignation?

3.       Have you resigned by letter too?

 

 

Do Dear Mr. Kumar,

 

T    Thanks for your response. Please find the below answers for your questions:

 

1. Do you have copy and acknowledgment of notice of resignation tendered by you? It was addressed to whom?............................Yes I have the same...It was adressed to my manager and I kept HR and my AVP in CC of that mail.

 

2.     2.   Who has signed the appointment letter? Who has replied to your notice of resignation?

3.       Have you resigned by letter too?.....AVP-HR had signed the offer letter and me also. No one has replied. Actually we have system exit tool. So, I raised an exit ticket for resignation and my manager and HR manager approved that resignation. However I received 2 different mails with one mail reflecting that "You exit initiation has been approved" and second mail is reflecting as "You supervisor/HR manager has accepted your resignation upon the condition of completing the full notice period as per appointment letter". I have resigned through e-mail also but I didn't get any reply on that. Only my manager has approved through system.

 

 

Yours is an interesting case. What is the notice period if employer initiates separation by termination? Is it mentioned in appointment letter,HR policy,Exit policy or anywhere that employer can terminate by offering notice pay in lieu of notice period. You have mentioned that you are not in some project. However you need to explain what loss can be caused if you tender final resignation after 30 days and who will determine the loss............and how the loss can bw determined.........and how much in numbers this so called loss would be. Have you asked to provide replacement in writing? Have you stated in writing under proper acknowledgment that you are not in any project and no loss shall be caused by your exit after 30 days and NO TASKS are pending at your end.......and routine duties be assigned that can be completed on daily basis within and upto expiry of notice period of 30 days tendered by you and to whom you should handover the charge within notice period of 30 days under proper acknowledgment on the spot? Is it stated in any published communication,rule,policy that Manager is appropriate person to accept notice/waive off notice period/accept notice pay in lieu of notice period? You can accept or recommend to accept ........leave,increments,recruitment? Can you sign appointment order and termination order? What is the jurisdiction of courts stated in appointment letter:Delhi or Gurgaon? Which location is offerred by next employer? Do you agree to show your appointment letter,all rules and policies,any other relevant document for first hand feel and assessment?

Dear Mr. T. Kalaiselvan,

They are not agreeing on buying out the notice period. Also, my next employer is saying that they don't require the relieving letter from my current employer. So will there be any adverse effect my employer can do with me?

You have been wise to send resignation by email too, in addition to by posting at the so called ‘Resignation Tool’.

Appreciate your understanding …..that ‘Loss is not caused by you’!

 

1.       Some of your replies have changed e.g.

-----“13. Has any replacement been assigned for handover/KT?...No....they were talking about the replacement, however they haven't initiated yet.

 

No they haven't asked, however I have offered them verbally, but they don't require that right now.”

 

However you may refer to the discussion during which replacement was talked about (mention dates/names/designations), and point out that you duly had meeting that was to firm up exit formalities and replacement (mention minutes including that the bosses stated that replacement is not required)……………and name of designated employee be informed to you for KT/handover so as to be completed within dated………..(expiry of 30 days notice).

 

You can mention that NO tasks are pending at your end and to whom you should handover the charge………….and routine duties be assigned that can be completed on daily basis within dated………..(expiry of 30 days notice).

You can also point bout that NO Loss is caused by you and 30 days is more than sufficient for you to handover/KT (for the employer to put his house in order).

 

-----“Is it stated in any published communication,rule,policy that Manager is appropriate person to accept notice/waive off notice period/accept notice pay in lieu of notice period? ......No it not written, however word "Company" is used in offer letter by stating that company on its discretion can waive off the notice period/ or to go for buy out”

                                         

““My appointment letter says "Your relieving from the services of company would be contingent upon successful serving of the full and complete notice period. Failing to do so would entitle the company to recover damages for all losses caused due to any shortfall in serving of the full and complete notice period. The company in addition to its right to recover damages will not furnish a relieving letter in case of shortfall in notice period unless such shortfall has been signed off by the appropriate person in the company".”

 

 

Which word is written; Appropriate person or Company?

 

2.    ---- “My appointment letter says "Your relieving from the services of company would be contingent upon successful serving of the full and complete notice period. Failing to do so would entitle the company to recover damages for all losses caused due to any shortfall in serving of the full and complete notice period. The company in addition to its right to recover damages will not furnish a relieving letter in case of shortfall in notice period unless such shortfall has been signed off by the appropriate person in the company".

 

 

“ However I received 2 different mails with one mail reflecting that "You exit initiation has been approved" and second mail is reflecting as "You supervisor/HR manager has accepted your resignation upon the condition of completing the full notice period as per appointment letter.

 

 Only my manager has approved through system.”

 

Which email is received first?

 

Is this (your) manager is appropriate person?

 

 

 

3.     “I have resigned through e-mail also but I didn't get any reply on that. “

 

Escalate thru this email trail and if your counsel opines you may attach the screenshots of tool.

 

 

 

4.       Some of your replies still require clarification:

You can accept or recommend to accept ........leave, increments, recruitment? If leave is submitted thru some online leave portal then ……………….. can you only recommend in system to allow……………………and if yes then who will finally sanction the leave? If you have recommended the increment as per some appraisal matrix then who will sanction increment? If you have shortlisted the candidate then who will finally sanction recruitment for appointment?   

 

What is the jurisdiction of courts stated in appointment letter: Delhi or Gurgaon by current employer?

 

 

Which location is offered by next employer to you?

What is issued to you: Appointment letter or Contract of employment?

 

The Line Managers/HR personnel shall abide by their master’s internal policies for them hence relief from them may not be possible. You can escalate to good offices of promoters/Directors/MD/Chairman/Owners.

5.       You have posted that; “As per appointment letter, company can terminate without notice.”

 

This can go in your favor.

 

 

“Yes I can show appointment letter,all rules and policies,any other relevant document for first hand feel and assessment.”

It is certainly required. If it suitable to you then you may send your contact details by PM.

You may download HR policy/Service Rules and Regulations/exit Policy/FnF Policy, Employee handbook and any other Rule or Policy that is mentioned in appointment letter issued to you.

 

You may post further…….and some more inputs might be possible.