Post resignation issues with employer

Student

Hi,

Employee recently resigned and agreed to server notice period as per rules. In response to Employer is asking to provide next employer name else regisnation will not be accepted.

Is this legal for employer to ask detail and hold regination? 

On top of this, they are asking to sign some documents and not signing will result in termination. What should employer do?

Thanks

 
Reply   
 
Self Employed

Which company is that? They have no business to ask the details of Next company. None of their business. 

The employee is bound to serve the notice period as described and agreed in the offer letter. The company cannot do anything to stop it.

What are those documents which the present employer has asked to sign ? Off course there is only one thing that he may ask you to sign and that is NDA (Non Disclosure Agreement) which is to protect their interest.

The Employee has to be FIRM, STRONG and talk to the company Straight and if they act on their own will and wish, thretn them to file a case in Labour court.

 
Reply   
 


Student

What are those documents which the present employer has asked to sign ?

Exact content is not available yet. At high-level, document is asking declaration to not to join XYZ company or companies.

(Current company does not provide good employement path, asking to do something with threat to termination and want to stop from joining other company that may give good employement) 

 

 
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FIN

It is believed that you are the employee as in Query.

Confirm!

 
Reply   
 
FIN

Has all demands been communicated by employer in writing or verbally? Have you been provided with copies of said docs and allowed to carry to discuss and consult?

Has employer asked in writing to serve the notice period mandatorily?

Do you have copy, acknowledgment, POD of notice of resignation?

 

 

Do you have any irrefutable evidence say; audio/visual/minuted/witnessed, of such demands made by employer and/or its attorney’s in HR/Line management/Legal/personnel/admin cells?

 

Does interview call letter, offer letter, selection letter, appointment letter, service rules, service conditions, employee handbook, HR policy, exit policy etc etc state that at the time of separation; say by resignation employee has to sign such docs, T&C, covenants?

 

Are you attending office and marking attendance and have evidence of it?

 

What exactly you want to do: accept demands of employer or partially or reject to accept?

 

Is next employer willing to absorb you on the starength of copy of resigantion alone/its POD and/or  without wrritten acceptance, service certificate, relieving letter,FnF statement etc etc....?

 
Reply   
 
FIN

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card?

 

 
Reply   
 
Student

Has all demands been communicated by employer in writing or verbally?
Rejecting client offer was communicated verbally. Providing next employer details is in written.

Have you been provided with copies of said docs and allowed to carry to discuss and consult?
Not sure. These are in emails. Can company name and email be taken to lawyer? is it legal to show internal communication and agreement to lawyer in this case?

Has employer asked in writing to serve the notice period mandatorily? 
After resignation it is rule to server notice period so no written demand. Instead of accepting, asking next employer details and mentioned that you can not work with few company for one year.

Do you have copy, acknowledgment, POD of notice of resignation?
YES.

Do you have any irrefutable evidence say; audio/visual/minuted/witnessed, of such demands made by employer and/or its attorney’s in HR/Line management/Legal/personnel/admin cells?
All employees are witnessed. Apart from communication done above.

Does interview call letter, offer letter, selection letter, appointment letter, service rules, service conditions, employee handbook, HR policy, exit policy etc etc state that at the time of separation; say by resignation employee has to sign such docs, T&C, covenants?
No. As far agreement is concerned.

Are you attending office and marking attendance and have evidence of it?
Yes. Regularly and proffesionally doing duty.

What exactly you want to do: accept demands of employer or partially or reject to accept?
For better prospects, would like to work with next employer without getting into any issue.


Is next employer willing to absorb you on the starength of copy of resigantion alone/its POD and/or  without wrritten acceptance, service certificate, relieving letter,FnF statement etc etc....?
YES.

 
Reply   
 
FIN

Obtain concurrence of next employer preferably in writing that it shall absorb you on strength of copy of notice of resigantion/its POD alone, and that it won't ask you to submit any committement to submit acknowledgment and acceptance of resignation,FnF statement,Form16,service certificate,relieving letter,NOC/NDC etc etc and/or that you can provide any of these until or unless these are supplied to you by current employer........................and it won't terminate in case you are unable to submit these............

 

Also place on record that the current employer may refuse to give BGV or may give adverse comments in BGV............

 
Reply   
 
FIN

Originally posted by : learnlaw
Has all demands been communicated by employer in writing or verbally?
Rejecting client offer was communicated verbally. Providing next employer details is in written.

Have you been provided with copies of said docs and allowed to carry to discuss and consult?
Not sure. These are in emails. Can company name and email be taken to lawyer? is it legal to show internal communication and agreement to lawyer in this case?

Has employer asked in writing to serve the notice period mandatorily? 
After resignation it is rule to server notice period so no written demand. Instead of accepting, asking next employer details and mentioned that you can not work with few company for one year.

Do you have copy, acknowledgment, POD of notice of resignation?
YES.

Do you have any irrefutable evidence say; audio/visual/minuted/witnessed, of such demands made by employer and/or its attorney’s in HR/Line management/Legal/personnel/admin cells?
All employees are witnessed. Apart from communication done above.

Does interview call letter, offer letter, selection letter, appointment letter, service rules, service conditions, employee handbook, HR policy, exit policy etc etc state that at the time of separation; say by resignation employee has to sign such docs, T&C, covenants?
No. As far agreement is concerned.

Are you attending office and marking attendance and have evidence of it?
Yes. Regularly and proffesionally doing duty.

What exactly you want to do: accept demands of employer or partially or reject to accept?
For better prospects, would like to work with next employer without getting into any issue.


Is next employer willing to absorb you on the starength of copy of resigantion alone/its POD and/or  without wrritten acceptance, service certificate, relieving letter,FnF statement etc etc....?
YES.

 

It is bit strange question: An employee is expected to be mature andself sufficient.

In case a document is to be signed and opinion is to be sought then both parties are to keep a copy and may seek opinion.

Why such a reply is posted by you and/or such a question is raised by you?

 

What is the opinion of your own counsel on it?

Have you discussed the matter with your own local senior very able counsel of unshakable repute and integrity specializing in Labor/Service matters....?

 

 

 
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FIN

You have not eplied to all points, pointwise.

Your reply matters. 

 
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