Dear All,
I request you all to kindly go thorugh my case patiently and kindly advise me at the earliest.
I am working as Deputy Project Manager in a multinational leading infrastructure limited company for the last 3.5 years. I was posted as Section-incharge for one of the sections out of 3 sections of the project. Inspite of my hard working, dedicated and sincere efforts in successful execution of the works in my section, I was not offered any promotion and less increments in my salary.
I was reporting to my Project-Incharge, Chief Manager (Projects) and also to DGM from Regional Office.
Recently I was offered a good position as Project Manager in another infrastructure company with good salary of about 40% hike compared to my present pay in the present company. I accepted the offer and have given resignation through e-mail on Sept 22, 2011with one month notice requesting to relieve me by Oct 21, 2011. The resignation through email was sent to my reporting authority, Chief Manager (Projects) with copy to DGM and also to Deputy Chief Manager of M.I.S dept at Regional Office (who has been officially signing the Form 16 issued to me on behalf of the company for last 3 years). The notice period for resignation/termination mentioned in my appointment letter (issued to me during March, 2008) was 3 months. However, a circular copy dated 30.12.2010 was sent to all employees including me stating that the Management has reviewed on the notice period of 3 months and has now decided that the notice period of resignation/termination of confirmed employees will be one month with effect from 01.02.2011. Hence, being a confirmed employee of the company, I have given one month notice period.
My boss, Chief Manager (Projects) responded on Sept 25, 2011 through a separate e-mail that though he is Site-In -Charge, he is not the Competent Authority to accept or reject my resignation. Further he said that as I was posted as Section-In-Charge from beginning of the project, certification of all measured Quantities (Both From Client and to sub-contractors), Reconciliation of Major construction materials, Finalization of Bills, rectification and execution of balance work etc. should all to be completed in my Section-before I intend to leave the Company.
As a Section-Incharge I was responsible for co-ordination of site-activities, assisting Project-Incharge in planning of construction activities, reviewing progress of works and advise the project-incharge, certifying the sub-contractor's bills prepared by site-engineers, etc. Finalisation of bills is done by engineers of Billing dept in consultation with me and final approval from Project-Incharge. Reconcilliation of construction materials is to be done by the Stores Dept with the help of site-engineers, challans issued while issuing the materials by them, measurement books and other related files/ledgers to be maintained by them. Sometimes, even the management also transfers site-incharges/deputy project Mangers in middle of the project either due to requirement in some other project or due to some other reasons known to them and even terminates at their will.
I feel it is not right asking me to stay back till rectification and execution of balance works is completed that can be done under supervision of any site-engineer to be deployed by the Project-Incharge. I strongly feel that I have the right to resign and leave the company with one-month notice period as per my employment contractual notice period.
During my telephonic conversation with my Project-Incharge, Chief Manager (Projects) regarding my resignation, I have expressed the reason why I have resigned due to dissatisfaction for not being offered/recommended any promotion and meager increments for last 3.5 years inspite of my sincere efforts in successful execution of works under my supervision to the full satisfaction of our client too. He expressed his inability to help me on these issues saying that they are not in his purview. Further he threatened me that I cannot leave the company as he will ensure that NOC is not issued to me and even my salary will not be paid unless I withdraw my resignation continuing till the completion of the project. He also threatened me that he would influence clients to ensure that I am not employed by any of the companies under their purview.
My salary for Sept-2011 is also not paid while all other employees were paid. No arrangements are being made by the management for relieving me. I have decided to give a reminder through email in a couple of days intimating them that my Notice period expires on Oct21, 2011 and I would leave the company thereafter. Kindly clarify me if I am bound to stay till the completion of the project being deployed as a key person in the project by the company while the contractual notice period being one-month stipulated by the company?
It is clear that my Project-Incharge is not going to issue NOC on some or the other pretext. As my notice period ends on Oct 21, 2011 can I leave the company even if they don’t relieve me? On the other hand the Project-Incharge will surely harass me if I continue. After all he wants me to stay back only to save his skin as he needs someone to blame for any sags that often happens in any project.
I request you all to advise me of the further course of action to be adopted for getting back my accrued benefits like PF, encashment of balance PLs (Privilege Leave – 59 days existing as on date), bonus, LTA, etc including my salary dues.My new employer is in a hurry calling me to report at the earliest and wants me to join them by 28.10.2011 as mentioned in the offer letter.
With thanks & regards,
Vijay
