My company does not want to relieve me before 90 days

Hi, Company has no rite to knw why u r resigning.It is not leagl to ask for proof for early release.Try to convience ur repoting manager for early relese.If ur manager is agrre to release u early HR manager can do nthing.

1. You may submit notice of resignation with effective date of your resignation clearly mentioned in it, in writing under proper acknowledgment.

Before the close of office hours on the date of effective date of resignation you are within your rights to withdraw the notice.

2. You can mention that the notice pay @ agreed upon by you i.e. basic, gross etc for shortfall in notice period may be adjusted in your FNF statement and if any amount is payable by you (as per FNF statement supplied to you by redg post only) you shall be making the payment vide a/c payable cheque and company should state in writing in whose favor the cheque should be drawn.

3. Your salary can not be stopped. However companies do so to protect their interest and settle the amount in FNF statement. If it is not suitable to you, you may lodge gentle protest and affirm that if any amount is payable at your end as per FNF statement you shall pay the same by a/c payee cheque. Say if your effective date of resignation is 15^th Jan,2012 company already has salary for the month of Jan not disbursed to you, and hence in their control. If the company blocks your salary for the month of Dec, 2011 you can decline to accept this tantrum of the company. If you negotiate properly HR shall allow say 80 % of your funds in control of the company, if not by letter then by email. However this practice of the company shall be illegal and you can lodge a complaint with wages inspector of the area..

4. Your a/c should be settled by the company on your last day in the office or say within next 2 days. You can demand that FNF statement under original seal and signatures by hand of the competent employee of the company, be handed over to you within the close of office hours on your last day in the office.

5. Any policy which is not circulated/supplied to you and which is not accepted by you in writing is not applicable to you. It shall be appropriate if you can demand copy of the standing orders of the company and employee rule book, in writing, stating these have never been circulated and supplied to you despite your representations in person.

6. Company can not raise any demand on you to give proof of your next venture. It is entirely your discretion if you want to share it or not. It is believed that this is discussed verbally with you and you have no record to prove. Employee should record (audio/visual) all representations and may use the recording if required in the appropriate forum at appropriate time.

Since the company has taken hard stand, for your benefit you may submit a written notice of resignation, addressed to good offices of your appointing authority, MD, CEO, Head-HR, company secretary, and demand acknowledgment of your notice at once and acceptance of resignation, work experience/service certificate, settlement of you’re a/c and disbursement of payments due to you by bank DD by redg. Post (you may specify that cheque is not acceptable to you), FNF statement, form 16, PF accumulation reports, PF withdrawal/transfer forms, relieving letter, NDC/NOC on your last day in the office.

You may submit another representation addressed to good offices and narrate the incidences, covering all points, mentioning the name designation department of the concerned personnel and submit your gentle demand to ensure smooth exit formalities and your dissent to unfair demands of the company.

You may mention that company should inform you to whom the charge and company property should be handed over and company should take charge from you in time, under acknowledgment. You may mention that you are willing to cooperate and train any employee designated as your replacement, within reasonably good period of notice of 46 days, given by you.

To Mr. Kumar: Sir,

I have the proof as HR and the plant Head both have sent mail to me asking for proof.I have all the records with me.Sir,pls advise ,in this case how can I proceed?

Regards

Have you written to the company that you are resigning as you want to peruse higher studies?

Even then it is your discretion to divulge the details or not. If you wish to submit you may and it shall have no detrimental effect on your notice. Rather it shall establish that what you stated is true. If you do not wish, you may not.

You may submit a written representation to the good offices covering all points, posted by you.

If you find any difficulty in drafting/structuring your representation you may take the help of your elders in the family, competent and experienced well wishers, lawyer/law firm.

As you have submitted notice of resignation, company may at any point of time, block your access to emails etc, hence it shall be appropriate to take a print out and keep all relevant record like the emails received by you from plant head and HR, and forward these a safer location and all record like notice of resignation, appraisals, appreciation mails, performance record, record of KRA’s, imp. circulars etc.

To Mr. Kumar:

Respected Sir,

In my 1st two mail to the HR and my reporting manager I did not write any thing about my future decisions.But when the Plant head has asked for sending a resign mail , I just written "I would like to request you to please relieve me on ..... date as have to be in .. University for admission purpose to continue my further studies on .. subject."But I did not write this mail to anybody except him and after this I never write anything regarding my future decisions in my mail.

after almost 7 days I again sent a mail to the Plant head without of saying my future decision and then only he replied and asked for proof if I really want early release.Then along with the same mail the HR head replied and asked for proof.

Please guide.

Regards

You have posted, in your latest post that "I again sent a mail to the Plant head without of saying my future decision and then only he replied and asked for proof if I really want early release." and that "Then along with the same mail the HR head replied and asked for proof."

May be that your plant head wants to help you and being at a superior position he can.

May be as per internal policy of the company once the plant head gives clearance you shall be relieved.

Hence if you have got the proofs, you may forward a scanned image, or a copy in person and then may submit minutes that you have submitted receipt number............dt...............etc as desired from you.

If while in employment, within the company, you can get a resolution this shall be the quickest and easiest solution.

You are most close to the reality and you would know what is what.

If these guys are helping you, separate with a good note and collect their contact details and maintain relation, rapport, goodwill.

Generally if you leave an employer, the place where you goto,  may ask for an NOC or a letter that they have relieved you from the past employer. If there is no such problem you can just walk out. You may lose any unpaid salary. Are your employers the Government?

To Mr. Ramani:

Respected Sir,

Actually my current organisation is not a Government Organisation.It is a Ltd. company.In my appointment letter ,it was written that either 90 days notice or 3 months basic salary I have to provide.But after 10days from the date of my resignation ,company management is saying that this cessation policy has been modified and evey confirmed employee has to serve 90 days and there will not be any salary adjustment or notice pay,even they do not want to include my leaves in the notice period.I have to serve my notice in full.

They have clearly mentioned that if I will serve full notice period ,then only they are going to release me after 90 days otherwise not.Even they have stopped my salary also and when I asked,they replied that it will be on hold for 4 months.

Regards

1.      Now it is almost one month since you submitted your resignation. I do not know exactly why you want to resign. Is it not already too late for what you want to do after resigning?

2.      Your service condition was either you should give 90 days’ notice period or alternatively you have to pay them cash equivalent to your salary for 3 months. This is in keeping with the law of the land. They cannot arbitrarily deny you the second option as that will amount to bonded labour.

3.      You say that you offered to take the second option (giving them 3 months’ pay) but they say that only the first option (serving for 3 months) can be allowed to you. They say that they have changed the policy. They cannot change their policy according to their own whims and fancies. You are bound only by what you have given in writing. Any change thereafter cannot be applied to you.

4.      You have yourself complicated the issue by suggesting so many adjustments in lieu of your paying them straight compensation. Even I am not able to understand your calculation. You should have straight away offered to pay amount equivalent to your 3 months’ salary, by cash, cheque or demand draft. Whatever are your dues they should pay back to you separately. If it is not too late, still you can offer to pay straight and walk out.

5.      What are you going to do after leaving?

(a)   To go to your village and start farming, or starting your own business?

(b)   To go for higher studies in India or abroad? or

(c)    To join another company.

If your plans are as at (a), you just walk out. If they are as at (b) have you informed the Institution about your present employment? Have they put a condition that you shall be eligible for admission only if you are properly relieved from your present job? If you just walk out, do you expect to face any visa problem? If you answer is no to all the questions, you can again walk out. If you are joining another company, just meet the concerned official there and ask him whether he can keep your post waiting for 3 months, If they say “no” ask him whether he will accept you if you walk out and join them. If they yes, serve your  full term in the present company and then go,

To Mr. Ramani:

Respected Sir,

I have given an option that I will serve 28 days and I am having leaves of another 18 days.So the total days of availability will be 46 days.I requested my organisation to adjust another 44 days from my wage.But neither they want to include that 18 days of my leaves into the notice nor they are agree to adjust another 44 days from my wage.Neither they agree to take 3 months basic from me nor to do any kind of adjustment nothing.
Pls guide.

Regards

Mr. Ramani has  elaborated the choice available.

You may proceed as deemed fit.

As I said you have complicated matters by offering to adjust leave entitlements, other amounts payable to you etc. Not only that they are perfectly justified in not accepting your alternatives but further if they do not like your leaving them, they have a perfect alibi not to relieve you.

Further it appears that you want the advice of the forum without telling the whole truth. You have not answered my queries (a), (b) and (c). If you do not disclose the whole truth, no one can advise you.

Remember, if you have a dispute with anybody, you should try to simplify your own case, if you want success.