I am working in an IT company. I have been recruited through campus drive during my UG days and signed for three years of employment contract. It is been two year in this month. For some personal reasons I wanted to resign this job lately.
I am being denied for my resignation though I am ready to pay for the compensation which is around 3 lakhs as per the contract. The operational head of this offshore is the one who is taking care of these activities since then the previous senior HR manager is resigned.
He use to ill-treat me when I approach him in person and having no response for my emails regarding the same. When I spoke with him lately, he asked me to abscond and would not be providing me the formal relieve letter at any cost.
Can anyone help me out how to approach this issue now?
If I sign for a contract, does it mean I am not eligible for resignation?
From India, Chennai
I am being denied for my resignation though I am ready to pay for the compensation which is around 3 lakhs as per the contract. The operational head of this offshore is the one who is taking care of these activities since then the previous senior HR manager is resigned.
He use to ill-treat me when I approach him in person and having no response for my emails regarding the same. When I spoke with him lately, he asked me to abscond and would not be providing me the formal relieve letter at any cost.
Can anyone help me out how to approach this issue now?
If I sign for a contract, does it mean I am not eligible for resignation?
From India, Chennai
If the contract states that you are liable for early discharge with adequate compensation, then you are entitled and can force the issue by taking it to the arbitrator. Look up a good lawyer and right away press charges against your company and the acting HR Manger in person, but first, all conversation from you to him and vice versa should be recorded. I have always maintained in all legal issues evidence is what matters. Some rules to communicating and a little bit of loud thinking:
1. Be very polite (on paper) forwarding any request.
2. Take every reply and save it for future use
3. Should someone not reply, create a history of your written reminders and subsequent refusal to reply by HR manager either in writing (which no sensible manager will do) or record the fact that he hasn't replied with your net reminder mentioning the fact that you await the reply to your original letter dated.... ref..... etc. This can be through e-mail, written letter delivered in person or through registered post with acknowledgment due. With tougher nuts it is always good to correspond with Regd. A/D
4. Once you have enough evidence on record approach a lawyer for redressal of grievance through the courts.
5. In some cases putting pressure on the HR Manager, making him personally liable for denying a fair and rulebook request thereby showing his intention of victimisation for personal dislike also helps put the erring personnel on the mat and create that extra bit of pressure.
6. When the matter gets too hot even a company that defends its top gun will gladly drop him like a hot potato fearing loss of reputation and legal hassles.
All the best
From India, Delhi
271. Be very polite (on paper) forwarding any request.
2. Take every reply and save it for future use
3. Should someone not reply, create a history of your written reminders and subsequent refusal to reply by HR manager either in writing (which no sensible manager will do) or record the fact that he hasn't replied with your net reminder mentioning the fact that you await the reply to your original letter dated.... ref..... etc. This can be through e-mail, written letter delivered in person or through registered post with acknowledgment due. With tougher nuts it is always good to correspond with Regd. A/D
4. Once you have enough evidence on record approach a lawyer for redressal of grievance through the courts.
5. In some cases putting pressure on the HR Manager, making him personally liable for denying a fair and rulebook request thereby showing his intention of victimisation for personal dislike also helps put the erring personnel on the mat and create that extra bit of pressure.
6. When the matter gets too hot even a company that defends its top gun will gladly drop him like a hot potato fearing loss of reputation and legal hassles.
All the best
From India, Delhi
After a two week long oral conversations, i have emailed our director stating so and so issues and asked him to accept my resignation. He replied stating that my resignation is not accepted as it employer discretion within my service agreement period.
Is it true ? How can i proceed now ?
This drive me really crazy and i can't be peaceful. Please help on this.
From India, Chennai
Is it true ? How can i proceed now ?
This drive me really crazy and i can't be peaceful. Please help on this.
From India, Chennai
Dear Javapriyan,
Clearance is your right as a employee. If you have resigned, you have already initiated a termination to employment with this employer.
As young lad had suggested , speak to a legal expert with the employment letter and every communication you had so far.
Keep it very courteous, but send them a registered letter stating the end date to your service. Offer them complete support for knowledge transfer.
Mention it in clear words that you are ready to pay off your dues and need the release document on your last date of working .
There is nothing that they can do after that, other than creating a negative feedback for every employment verification they receive on you. Hence , please pre-wire that with honestly discussing your case with every potential new employer.
Wishing you all the very best!
From India, Mumbai
Clearance is your right as a employee. If you have resigned, you have already initiated a termination to employment with this employer.
As young lad had suggested , speak to a legal expert with the employment letter and every communication you had so far.
Keep it very courteous, but send them a registered letter stating the end date to your service. Offer them complete support for knowledge transfer.
Mention it in clear words that you are ready to pay off your dues and need the release document on your last date of working .
There is nothing that they can do after that, other than creating a negative feedback for every employment verification they receive on you. Hence , please pre-wire that with honestly discussing your case with every potential new employer.
Wishing you all the very best!
From India, Mumbai
(Cite Contribution)1979,
Thank you so much for the solutions. I am moving writing up them daily basics. I also wonder how law is being favorable to organizations as they are quoting almost an year salary as compensation (which is 3 lakh in my case) ? Just because i have signed the contract, do i need to owe them my year hard earned salary ?
From India, Chennai
Thank you so much for the solutions. I am moving writing up them daily basics. I also wonder how law is being favorable to organizations as they are quoting almost an year salary as compensation (which is 3 lakh in my case) ? Just because i have signed the contract, do i need to owe them my year hard earned salary ?
From India, Chennai
Hi,
I would also suggest to follow & Robin's suggestion.
>>how law is being favorable to organizations as they are quoting almost an year salary as compensation attribution https://www.citehr.com/showthread.php?t=497571 <link fixed> .
Raj :
Did you not read the terms before Joining ?
I know most of the people think "Abhi to Job lay le baad ki baad mei dekhi jayegi" - I think this is the attitude is not correct, If something you see is not ethical, do not go with it, Those companies will not get good talent and finally has to change their policy.
Are you going to Join any MNC or reputed company in near future ?
Reason behind why such terms are added because company invest thier time and money on training (sometimes reworking on the work done by freshers ). Most of the times in MNC Freshers may take 5-6 months to start giving output.
From India, Mumbai
I would also suggest to follow & Robin's suggestion.
>>how law is being favorable to organizations as they are quoting almost an year salary as compensation attribution https://www.citehr.com/showthread.php?t=497571 <link fixed> .
Raj :
Did you not read the terms before Joining ?
I know most of the people think "Abhi to Job lay le baad ki baad mei dekhi jayegi" - I think this is the attitude is not correct, If something you see is not ethical, do not go with it, Those companies will not get good talent and finally has to change their policy.
Are you going to Join any MNC or reputed company in near future ?
Reason behind why such terms are added because company invest thier time and money on training (sometimes reworking on the work done by freshers ). Most of the times in MNC Freshers may take 5-6 months to start giving output.
From India, Mumbai
If the employer spent money on your training, specifically spent on you individually, they can ask you to refund the training expenses. Even then only proportionate to your served period and not served period. No one can ask 3 lakhs. You can refer to the below case, which has dealt with these points very clearly. No employer can force some one to work for him by taking any bond, which is violation of fundamental right as per article 19(1)(g) - freedom to work in any place and contract act 27 - restraint of trade is invalid.
https://drive.google.com/open?id=0BxP4Z8a7CqZGZk5xTEx6eDFmbGc
https://drive.google.com/open?id=0BxP4Z8a7CqZGNjJQSE1ZdHYyMzA
https://drive.google.com/open?id=0BxP4Z8a7CqZGSVRnMEVfcFZ6ekk
From India, Salem
https://drive.google.com/open?id=0BxP4Z8a7CqZGZk5xTEx6eDFmbGc
https://drive.google.com/open?id=0BxP4Z8a7CqZGNjJQSE1ZdHYyMzA
https://drive.google.com/open?id=0BxP4Z8a7CqZGSVRnMEVfcFZ6ekk
From India, Salem
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