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Need urgent help on bpo labor laws

Hi Sr. Members,

I am working as a line manager in a reputed BPO. When I joined the organization 6 yrs back the appointment letter said that the notice period would be of 28 days or else the employee can pay the basic salary. However the new policy which has been laid this year states that the new notice period would be of three months and the option to relieve an employee prior to completion of the mentioned notice period rests exclusively with the Company. I have initiated my resignation on the 14th May and am willing to give them a notice period of 14 days. I am ready to pay the rest of the amount as in my Basic Salary. The problem is that they are not accepting my resignation and forcing me to serve notice for three months.

•BPO’s do not fall under labor laws I guess. Is there a way out for me where in I can buy my notice period?
•Can they take a legal action against me?

I don’t want to go as absconding as I have spent 6 yrs with the organization.

Pls help… All replies are welcome

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2 Replies

Anjuru Chandra Sekhar (Advocate ) 22 May 2012

Even if it is a BPO, it should either be having the status of a Company or Firm, so all labor laws are applicable for BPOs even. If the appointment order originally given to you does not contain a clause that the rules pertaining to notice period are subject to change from time to time, then you have no obligation to follow the new rules made by them with regard to notice period. However if you quit without their satisfactory consent they may trouble you without giving your relieving order, NOC, experience certificate and create problems relating to terminal benefits like PF, Gratuity, Leave encashment etc. Even leaving with a notice of 14 days period and paying off remaining 14 days basic is matter of right for you, there is no guarantee that they will not trouble you and you should be prepared for a legal battle. So unless it is extremely necessary you do not pick up rivalry with the existing employer, instead the best way is to negotiate with future employer to give joining time.

Kumar Doab (FIN) 22 May 2012

You have posted that;

"BPO’s do not fall under labor laws I guess."
In a state relaxation fro Industrial Employment Standing orders was given for 2 years. Period of 2 years is over. It is not known that any extension is granted or not.

You may study the SE act applicable to your state. You may obtain employee rule book and certified standing orders if any. It may be written/unwritten rule that reliving letter shall not be issued to employee who does not serve full notice period.

If you have not accepted extension of notice period by signing the acceptance under your signature by hand you cam claim that the new clause is not applicable to you.

However you should tender reasonable notice. The very purpose of notice period is that settlement of the employee is conducted with sufficient care and time at hand and all wages are paid on last day in office, and the company is able to secure NOC from all heads/depts/verticals to which employee was assigned.

It is time to apply rapport goodwill and exceptional levels of persuasion persistence negotiation reasoning skills and resolve the matter in your favor.

You may draw all records e.g. appreciation emails, ranking, Tgt vs achievement, appraisals, stinkers etc. Although company is custodian of records, later company may not provide any record.

If the company (HR/Line management) is unwilling, you shall need to peruse with good offices of appointing authority, MD, CEO, with a copy to Head-HR. They can grant waiver.