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Prasanna P (HR )     01 June 2015

Conditional reliving during the time of separation

HI, 

I've been working in a private job consulting company at chennai for the last 3 years. During the time of employement I had achived soo many milestones and I've been an outstanding performer in these days..But for the last few month I started facing some personal issues later I started facing psychological health issues due to that I couldn't continue my employment so I thought of leaving the company to take a break to sort out the current crises in personal life. I offically met my Manager and explanied about the issue, he gave some alternative solutions to sort out the issue but that wasn't work practically in my life so I clearly communicated to him that I want to leave and set an email to him on the same day regarding my resignation that was on 16 of April  

My Manager wanted me to serve the offical notice period along with below conditions

-He wanted me to get a replacement for me in the job market

-He wanted me to complete the targets at the time of notice period. All these conditions arised even after explaning about my health and personal issues after putting down my papers 

He also added that if at all the all the above conditions are cleared then you can be relived from our services on 12th of June 

I somehow managed to complete the tasks assigned to me but not completely since my health conditions were not supporing me to work efficienlty to complete the task. Now I'm almost going to complete serving my notice period now my company is not reliving me they wanted me to extend the days for not completing the tasks assigned to me during the time of seperation process 

My question is in my offer letter it was clearly mentioned that during the time of seperation I need to serve 60 days of notice or need to pay the basic salary depence on company's discretion but they hadn't mentioned anything about to get a replacement also to achive the target......then why still employer is forcing me to complete the task even if I'm facing health issues 

Moreover they are also coercing that if at all i'm not completing the tasks then they will not give the reliving also the experience letter even after serving the complete notice period 

I'm seriously frustrated and I almost gone mad....

Could somebody guide me whether a conditional reliving is legal?

Moreover what should do if my employer is not giving the reliving/experience letter

I'm seriously not in a position to continue working this company due to my issues but corporate people are not understanding it...The only motivation is they need money either if you live or die  

Please help me what should I suppose to do.....Shall I file a case in Labour court kindly guide me on this 

 

 

 



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 4 Replies

Kumar Doab (FIN)     01 June 2015

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

 

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

Prasanna P (HR )     02 June 2015

Hi Kumar,

My company is registered under Commerical

The line of business is IT Services

The maximum employed persons in my company is 60 (Along with our consultants)

My reporting office is located at Chennai, Tamil Nadu 

My designation here is Lead IT Recruiter, My roles includes sourcing, screening and sending profiles of IT cosultants to place them to our end clients on Contract to hire basis. Also I'm having direct interactions with few end client to procure requirement 

Yes I do have HR policy and leave policies mentioned in my offer letter 

I have the appointment letter, Salary slip till last month, PF Number and I don't have ESIC Card and Form 16 since I'm current under tax excemption 

I got the acknowledgement of my resignation through email they provided a conditional reliving by assigning certain task during the time of seperation which can't be completed in my notice period of 60 days. But somehow I managed to complete it close 80% 

I'm not a member of any trade union 

 

 

 

 

Kumar Doab (FIN)     02 June 2015

 

You and any employee should preferably be member of employee’s/Trade Unions and should form ‘Works Committee’ in company that is an authority as per ID Act and also GRC (Grievance Redressal Committee), Internal Council, Guild etc………….. and thus have a body to negotiate and take up matters to end exploitation, pressure by line Managers/HR/legal cell  personnel etc…………

There are many IT/ITeS employees unions in Tamilnadu and have affiliated with Trade Unions like CITU/INTUC/BMS/AITUC…………………and have displayed their efficacy in recent TCS episode also………………

 

You have posted that:

 

“My question is in my offer letter it was clearly mentioned that during the time of seperation I need to serve 60 days of notice or need to pay the basic salary depence on company's discretion but they hadn't mentioned anything about to get a replacement also to achive the target..”

 

“then why still employer is forcing me to complete the task even if I'm facing health issues 

Moreover they are also coercing that if at all i'm not completing the tasks then they will not give the reliving also the experience letter even after serving the complete notice period”

 

 

 

Such companies in Chennai are covered by Tamilnadu Shops and commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments and you may go thru the provisions of  Tamilnadu Shops and commercial Establishments Act and Tamilnadu Shops and commercial Establishments Rules………..

Max. notice period is 30 days as per the Act and the Act shall prevail upon any private policy drafted by employer and signed with employee.

 

During the working hours employee is at the disposal of employer and employer can take work from employee………………..8hrs/day and 48 hrs/week beyond which OT is applicable……….

If you have been asked or are being asked to work for more than office/work hours you may claim OT @double wages/substituted leave/compensatory off as per enactments that are applicable to establishment.

In case of sickness you can avail leave.

At least I am not aware of any law that prohibits leave during notice period.

 

Notice period is the max. period that employee has to serve.

However you should take care that you should point out in writing by letter thru redg. Post addressed to appointing authority/MD etc  that routine duties be assigned that can be completed on day to day basis within and upto max. of expiry of (CORRECT) notice period, and keep record of work done and affirm that NO TASKS are pending at your end.

Don’t remain entangled with Line Manager/HR only.

Record all threats (audio/visual/witnesses/minutes) etc……………Your union can be your irrefutable witness.

 

This is required to check any claim by company that you caused any loss.

Build written record.

 

Take help of an able Labor Law Consultant/Service matters Lawyer/Law Firm dealing in labor law cases……………

If you are being threatened then you can approach now:

Inspector appointed under Tamilnadu Shops and commercial Establishments Act

o/o Labor commissioner   

 

Employee’s/Trade Unions

Labor Law Consultant/Service matters Lawyer/Law Firm

 

 

 

 

Kumar Doab (FIN)     02 June 2015

You may also add that to whom you should handover the charge/company property (if any) within and upto max. of expiry of (CORRECT) notice period.


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