Employer says i cannot resign after getting appraisal

You have posted that:

----“I am working in IT Company.”

It is not sufficient information. Whenever you initiate a query you should post:

What is this establishment registered as: Commercial,Industrial?

The office /Div. where you are posted is registered as: Commercial,Industrial?

How many maximum persons are employed in it at any point of time, before and after your joining?



Did you record the threats (audio/visual/minuted/witnessed)?


The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy,FnF policy that are mentioned in the appointment letter?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?

What is your designation and nature of duties? Did you have power (not just recommend)to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Do you record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?

Has acknowledgment of notice of resignation, supplied to you?

Is it stated in appointment letter that service conditions e.g. notice period shall be governed by Employee handbook? Does the equitable notice period/pay also apply to employer? Can employer also not terminate for 6+3 months after appraisal?

Is appraisal mentioned in appointment letter?

Are you a member of any employee’s/Trade Unions?

You should provide full information, pointwise!
 

In your case it shall be appropriate to proceed further under expert advise of an able labor Law Consultant/Service Matters Lawyer/Law firm.

----“ now company is saying notice period is 3 months which they have updated in employee handbook…………………………… HR and CEO said your resignation is not valid as you have accepted the appraisal and as per company policy after accepting appraisal employee cannot resign for another 6 months,”  

Is the response of employer as mentioned by you in writing?

You should be aware that saying/telling/asking is verbal mode and not on written record and difficult to prove.

Query repeated at:

https://www.lawyersclubindia.com/forum/Employer-is-not-giving-relieving-confirmation-85009.asp#.VdAavrV-jMo

Hi Thanks a lot for your so much detailed reply.

Please find below answer to your questions

Q:What is this establishment registered as: Commercial,Industrial?

A: It is an IT Company, Nature of business is Software Development and it is based in Punjab

Q: How many maximum persons are employed in it at any point of time, before and after your joining?
A: At time of my joining it was around 350 and still there are around 350 Employees approx.

Q: Did you record the threats (audio/visual/minuted/witnessed)?
A: No

Q: The Redg Office, Corporate Office of the company, and your reporting office was located in which state?
A: Punjab

Q: What was your designation and nature of duties?

A: Senior Consultant software development and Nature is software development

Q: Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy,FnF policy that are mentioned in the appointment letter?

A: Yes

Q:What was your monthly salary?
A: More than 50k

Q:Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC        card,Form16 given to you?
A: Yes i have Appointment letter, Salary slip till last month i.e June 2015 (they stop giving salary slips after your resignation till FnF), Yes i received form 16 Few days back No PF For Employees. Not sure why they dont have PF Policy. We all are employees and not the consultants. They might be showing us as consultants to Govt. Dept.

Q: What is your designation and nature of duties? Did you have power (not just recommend)to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?

A: Senior Consultant Software Development. No i dont have power to sanction leave or increment but i had given rating to my juniors in their increment process 2-3 times.Yes my recommendations can be cancelled by my manager and CEO

Q: Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

A: Yes i sent them an email mentioning that i am resigning from my post. Please start the transition process so all formalities can be completed on time. We are assigned tasks 15 days in advance by the client for whom we work. so after 15 days there is not task which would be pending at my end. I could handover the charge to my juniors in case of my Mangement recommends me that as already my juniors are assisting me in my project.

Q: Do you record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?

A: Yes Employer do record attendance and yes we have worked many times more than 8 hours a day and never got paid for over time and has never claimed for that

Q: Has acknowledgment of notice of resignation, supplied to you?

A: No, i have not been acknowledged but i got a reply from HR stating that you have accepted the appraisal and after accepting appraisal you cannot resign for next 6 months. So take your resignation back so that there should not be any change in the salary cycle.

We are already getting our salary oround 7th of every month. Now after resigning they changed the cycle to 22nd of every month

Q: Is it stated in appointment letter that service conditions e.g. notice period shall be governed by Employee handbook?

No

Q:Does the equitable notice period/pay also apply to employer? Can employer also not terminate for 6+3 months after appraisal?

A: No, This condition is one sided and even not stated in my appointment letter.

Q: Is appraisal mentioned in appointment letter?

A: Yes it is mentioned it will be done annually from the date of joining. But in my case they gave in for the month of june and not for the month of may, So delay of one month

Q:Are you a member of any employee’s/Trade Unions?

A: No

Q:----“ now company is saying notice period is 3 months which they have updated in employee handbook…………………………… HR and CEO said your resignation is not valid as you have accepted the appraisal and as per company policy after accepting appraisal employee cannot resign for another 6 months,”  

Is the response of employer as mentioned by you in writing?

A: Yes in email

You should be aware that saying/telling/asking is verbal mode and not on written record and difficult to prove.

Yes i understand i have sent them many emails and have done CC to my personal email id. so have record of most of the things with me. 

One Little query

Can MY Employer bound me for 6 months if i accept the appraisal?

Is appraisal my right? if i have performed exceptionally well in my past 1 year?

I have tried to answer well for all of your questions but still if missing some thing please let me know

Thanks & Regards

Ritesh Grover

“Q: Did you record the threats (audio/visual/minuted/witnessed)?
A: No”

Record: for future use at appropriate time in appropriate forum.

“Q:Are you a member of any employee’s/Trade Unions?

A: No”

You/every employee should be! The unions leaders know precise way to support the member and handle such matters. Employee should always retain access to an able Labor Law Consultant/Service Matters lawyer/law firm.

Claim OT.

“No, i have not been acknowledged but i got a reply from HR stating that you have accepted the appraisal and after accepting appraisal you cannot resign for next 6 months.”

Based on which T&C in which rule/policy the HR personnel have claimed it? You may ask or scan your own docs and revert.

“We are assigned tasks 15 days in advance by the client for whom we work. so after 15 days there is not task which would be pending at my end.”

You may cover it in subsequent communication and emphasize NO TASKS are pending at your end and to whom you should handover the charge against proper acknowledgment on the spot.

“Yes it is mentioned it will be done annually from the date of joining. But in my case they gave in for the month of june and not for the month of may, So delay of one month”

It is duty of the bosses and HR and if they don’t do it then employer itself to initiate and complete the appraisal in time and provide letter of increment on the last day of appraisal/next day itself. You may mention it as a reason as well and claim it from retrospective effect from ‘annually from the date of joining.’.

“i have not been acknowledged but i got a reply from HR stating that you have accepted the appraisal and after accepting appraisal you cannot resign for next 6 months. So take your resignation back so that there should not be any change in the salary cycle.”

Based on which T&C in which rule/policy the HR personnel have claimed it? You may ask or scan your own docs and revert.

“No i dont have power to sanction leave or increment but i had given rating to my juniors in their increment process 2-3 times.Yes my recommendations can be cancelled by my manager and CEO”

You may claim that you were to fill the form as per matrix supplied to you (download the communication and scale/matrix and forms) and if your lawyer opines to mention it then you may claim that you were just a paper pusher, as per orders of the employer .

“Can MY Employer bound me for 6 months if i accept the appraisal?” Based on which T&C in which rule/policy/document it can be done? You may revert.

“Is appraisal my right?” Yes it is once it is made part of contract with you.

“ i have performed exceptionally well in my past 1 year?” Download the proofs ASAP. Once the access is blocked by employer you may not get anything even in court of law.

“My employer is not giving me my relieving date which I need to convey to my next employer and I am going through lot of mental harassment.”

All documents that have been referred to in this thread should be examined verbatim by your counsel to answer it. Otherwise generically speaking: If employee has decided to retire by tendering notice of resignation/resignation then employee shall choose the date and not employer. Employer can not prepone or postpone it without explicit consent of employee.

The next employer may also be like the current employer. Employee should acquire the skills to handle bosses. You must submit in writing and extract a written reply from next employer that it shall buy your notice period (as per actual as in docs) and it shall absorb you on the strength of copy of resignation only and shall not demand service certificate, relieving letter and that you are likely to get negative comments due to…………………………….(explained reasons as in interview) and transfer the onus on employer that wants you.

Learn to defend you interest and build favorable written record under proper acknowledgment.

“I have tried to answer well for all of your questions but still if missing some thing please let me know”

All documents that have been referred to in this thread should be examined verbatim by your counsel. Till then remain gentle and amiable.

Hi Thanks again for your so much quick response 

Question: i have not been acknowledged but i got a reply from HR stating that you have accepted the appraisal and after accepting appraisal you cannot resign for next 6 months. So take your resignation back so that there should not be any change in the salary cycle.

Your Response: Based on which T&C in which rule/policy the HR personnel have claimed it? You may ask or scan your own docs and revert.

Answer: They are saying we have mentioned it it in the employee handbook where we can update any policy at anytime and can add new policies as well. They said you should have raised objection at the time when this policy was introduced.

But raising objection in private job is always at the risk of your job.

Question: Can MY Employer bound me for 6 months if i accept the appraisal?

Your Response: Based on which T&C in which rule/policy/document it can be done? You may revert.

Answer: Employer says Its mentioned in the employee handbook

Concern: ​Please suggest if Employer can bound me for next 6 months to resign? Is not it a bonded labor?

Concern: We are already getting our salary oround 7th of every month. Now after resigning they changed the cycle to 22nd of every month.

Concern: Can they delay my salary by 15 more days which we are already getting late by 7 days.

When i asked my employer for arrear for the month of May 2015 As my appraisal was due from may 2015, they started threatining me by saying that they would take all the incremented money back at the time of relieving,

I am not sure if i should fight againts such employers or sould i sit aside as i am going through lot of mental disturbance and also my health is getting affcted.

But I dont want to give Up the fight if it is for my Right and ethics

Thanks & Regards

Ritesh Grover

The change in service conditions should be communicated sufficiently in advance for acceptance by employee. It is discretion of employee to accept or reject!

Did the employer inform in writing that service conditions are amended say by email………..stating……………or that it is updated in employee handbook?

Is the employee handbook a printed hard copy version and was it supplied to you?

Appraisal is as simple as assessment of performance Vs KRA’s/targets to award with increments! It is increment in salary for result of past efforts.

Why should it bring any change in noticed period or condition that employee can not separate for 6 months! It seems to be indicative of Bondage/bonded labor.

What is the penalty mentioned in so called ‘Employee handbook’ if you don’t serve for 6 months?

The establishment has to pay salary (1st -30th) by 7th of the next month.

It if wants to change the salary cycle then it should pay first from 1st-15th by 22nd day then make it a salary cycle from 16th-15th payable on every 22nd. Employee can lodge a complaint the moment payment of his wages are delayed even if by a day and employer can be penalized say Rs.7500/instance. The salary slip has to be supplied duly signed by employer and employee at least a day before disbursement of wages.

Increment once paid can not be taken back. The increment is result of appraisal that is duly narrated in appointment letter.

Generically speaking you seems to have merits.

You should show the job advt, job application, interview call letter, selection letter, offer letter, appointment letter, HR policy etc mentioned in appointment letter, employee handbook, appraisal policy/format/filled in forms, increment letter etc and any other communications that is relevant to an able Labor Law Consultant ASAP, for examination verbatim.

The counsel that has examined each document can advise you the best.