Mohd Ziauddin (ba) 02 April 2011

Will this be dual employment ?

Hello,

I resigned from my current company in Bangalore so that i can be with my severly ill mother in Chennai. I told my management that i will be unable to serve the 2 month of notice and i asked them for a waiver of notice period. They accepted my resignation but are not relieiving me of my duties and are unwilling to give me the relieving letter.

The HR got back to me and told me that they will be able to offer me a sabbatical for 3 months to which i clearly told them that i would not be able to come back to Bangalore and work there even after the sabbatical. Since they do not have an office in Chennai i told them to relieve me or give me a permanent Work From Home facility.

The HR has not got back to me and is not even replying to my emails or answering my phone calls. I am willing to pay for my notice period but they are not even talking to me anymore.

In the meanwhile, if i get an opportunity in Chennai, can i join the company in chennai by showing them the acceptance of my resignation and the emails that i have exchanged with my current company's management ? because i am tired of following up with them since i have an ailing mother to take care. She is bed ridden and is dependent on me for all her needs.

I am off the payroll and i do not even know if i am on a sabbatical because my company's sabbatical policy requires me to sign an agreement which i have not done.

I have done several followups requesting for a release but despite accepting my resignation they have not given me a releiving letter nor are they willing to offer me a buyout.

Please suggest what should be done if i happen to get an employment in chennai.

thanks

Zia

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3 Replies

V. VASUDEVAN (LEGAL COUNSEL) 03 April 2011

take the employment and dont bother too much on such trivial matters. You have submitted your resignation and the company is bound to accept it. While they could offer an alternate proposal, you are not bound by any such proposal, unless it suits you and you have agreed to the same.

Look for an employement and carry on

vasudevan

Om Prakash Dhusia (HR assistant) 23 April 2011

Well done dear Mohd. Ziauddin for opting the choice of serving your mother over employment. You are indebted to your mother and no sacrifice can match a mother's and by serving your mother you are serving to the almighty God so forget about other worries, God will take care of the rest.

You have resigned from your employer, the worst they can demand payment for notice of termination and you can request them for waiver due to exigencies of looking after your dear mother.

Explain the truth to your prospective employer and they would be compassionate if not stone hearted.

Thanks Mr. Vasudevan for correct solution.

Regards

Kumar Doab (FIN) 24 April 2011

Learned experts/members have given their valuable advice.

You have resigned as your mother is ailing and bedridden and needs you. Your resignation has been accepted, which implies that you are relieved and no more in the employment/on payroll and your account has been closed. The chapter is over.

Your employer has tried to take you back for their professional needs and your professional ability to handle their work.

You may send a written communication to your appointing authority/MD/HR Head/Company secretary and explain the events in chronological order, and mention that on dated....you have explained your inability to Mr.....to continue due to your ailing and bedridden mother, and requested to waive off your notice period/pay, and submitted your resignation on dated.... and on dated ...your resignation was accepted.

You have shifted to Chennai to take care of your mother. On following date(s)……….you sent emails to Mr …………and on following date(s) you contacted Mr…on phone.

And request their good office to intervene and waive off the notice period/pay, settle your account , supply you the relieving letter, NOC, NDC, form16, PF accumulation reports, work experience certificate etc.

You may mention that Mr.. On dated…offered 3 months ….but due to your compelling circumstances you are unable to remain at Bangalore and in future if there is any opportunity at Chennai you may be informed.

Send this communication under acknowledgment and retain a copy.

Your next employer can take you on board on the basis of documents you have.

You may go ahead and join the next company.