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Shiv (SSE)     26 February 2010

Resignation

Hi all,

Greetings!

7 months back, I asked my management for 30 day medical leave and management was not ready for that. We had series of discussions over phone. I told my managere that i would like to resign and would be sending the resignation email and let hr reply back to me with the amount subjected to pay(notice period). Then i formally sent a resignation email. Howerver, hr didn't reply to the resignation mail accepting/rejecting it.

After 7 months of time, i got a notice from lawyer with charges like absconding,security breach. They are demanding to pay 3 lakhs of rupees + 30% interest.

I am ready to pay the notice period amount. But I am not able to take acceot/charge of security breach. Its quite hurting.

Please suggest.

Thanks,

Shiv



Learning

 6 Replies

Shiv (SSE)     26 February 2010

p.s:The amount asking is 8 times of my sal.

V. VASUDEVAN (LEGAL COUNSEL)     26 February 2010

Was your demand for medical leave justifiable. Medical leave is not some thing like privilege leave and has to be strictly on medical grounds supported by physicians's recommendations. Even privilege leave is at the discretion of the management. However, regarding claim for security breach, you need to provide more details like have you executed any bond with the company, what type of security breach is alleged against you etc.

vasudevan

Shiv (SSE)     26 February 2010

Hi Vasudevan sir, thanks for your reply.

Agreement is 2 months notice from either parties. And at the time of joining they asked me to sign non-disclosure doucment. Which i have signed.

Below is the content in lawyer notice...

"My client states that you are absconding services from XXXXX date without giving any notice or intimation you had abruptly left the service of my client. My client further instructs that you had also taken away the valuable information and copied the most importannt vital software, which were developed by my client with a bad intention of deceiving my client."

SInce, they didn't accept such a long leave, I didnt provide any medical certificate to them. After discussion with my manager, I sent them Formal Resignation mail.

Thanks,
Shiv

V. VASUDEVAN (LEGAL COUNSEL)     26 February 2010

Were you carrying any valuable information - disc, laptop. You need to hand over the same. If you have this, send a letter checking the date for handing over and do so. Unless you have done a wrong viz. have passed on  the official information  you can challenge their allegation. Send a reply point to point in a simple language and wherever their claim is false, say its false.

vasudevan

Shiv (SSE)     27 February 2010

Vasudevan sir, thanks again for the response.

Company didn't give me any laptop / external storage device.

I don't have to hand over anything to company. We were not able to access the company pc from out side of office. And company has very strict security, that no one can carry any hardware (disk,memorycard,thumbdrive) into the office. 

One thing is that the office pc password..which can actually be accessed by superadmin..so I don't specifically need to hand it over.

Sir...I sent my resignation mail marking the HR Manager and Techncial manager.....both of them didn't respond to my mail. And more over they didn't even contact me over phone or letter stating that  I am absconding from services( from past 6 months). Was it a case they sent me some notice ( with company letter head) I would have cleared the fomalaties at that time itself.

My question is , dose my resignation carry any value ?

Please suggest.

Thanks & Regards,
Shiv

jagadish_ranbir (Software Engineer)     01 March 2010

Hi,

      I am Jagadish. I am working in a Indian software company as a software engineer. In my current company the legal notice period is one month . I have put my resignation paper on 17th Feb 2010 . I have asked the relieving date as 18th March  2010as per policy of company . But the project manager is not relieving me . He is telling we will thing after 31-March 2010. I have not signed any document regarding I have to stay upto 31 th March 2010. I think it is mental harassment . What to do ? Any legal way ? I tried by requesting so mant times but no body is listening....


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