Vijay Kumar (Project Manager) 11 October 2011

benefits not p

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

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3 Replies

Kumar Doab (FIN) 12 October 2011

The notice of resignation/resignation should be addressed to appointing authority. If you have sent it to reporting authority/other heads they should forward it to competent authority. Yours and the email of one of your reporting authority to you becomes acknowledgment of submission of notice by you.

It is in your interest to ask the good offices of your appointing authority, MD, Head-HR, Company Secretary to arrange to take charge from you, reconcile the records, within effective date of your resignation, and you should obtain acknowledgment that nothing is pending at your end. You should obtain copy of employee rule book, standing orders. Employee can not be coerced or forced to work against wishes. It is believed that the threats posted by you are verbal. If you wish you can record these.

Company can request as you are rated as a key person to stay and help the company. You can write to the company that you shall cooperate to train any one designated as replacement within and up to effective date of your resignation. Kindly separate with a happy note and maintain rapport.

You should not leave any room for the company to charge you for having caused loss. Apply your rapport, goodwill, and persuasion, persistence, negotiation skills to turn the events in your favor. Litigations are lengthy.

Your pleadings that since you have not been paid as any other competitor may not fetch you the favorable response, desired by you, as you have agreed to the employment on terms and conditions expressed in your appointment letter.

You can mention in your communications that company should act, arrange, and ensure that within effective date of your resignation, formalities for a smooth exit are completed by the company. From your side you should complete all tasks on hand and either obtains a communication or you should submit a communication confirming nothing is due at your end and build record in your favor. You should keep everything from your side perfect and clean. If required you can communicate to all concerned that you have submitted the following ........detail in prescribed format and same should be checked, verified, reconciled and NDC/NOC be issued and supplied to you, well within effective date of your resignation to enable smooth exit.

Companies withhold last salary as a practice to settle the dues in FNF, although the salary should be paid.

PF can not be withheld. Company shall settle other dues in FNF. Company can delay. Companies are known to turn stone cold and harass. Company is duty bound to supply you the acknowledgment, acceptance of your resignation, work experience/service certificate, FNF statement, form 16, PF accumulation reports and withdrawal/transfer forms, NOC/NDC for company property submitted by you, etc. Company can sit on relieving letter.

Kindly consult your local service lawyer with all records who can, with inputs from you on your job, functions etc , precedence, decisions, help you to decide if you shall fall in the category of workman and approach o/o labor commissioner or not.

You should place on record preferably in writing with new employer that you are in a position to supply them at the moment the copy of notice of resignation, acknowledgment of submission, only and shall be able to supply the acceptance of resignation, work experience/service certificate, relieving letter on its receipt from your previous employer.

All companies are aware of the practices in the trade and your new employer can absorb you, and may ask to submit an affidavit (model language of which they may provide) that you are not employed elsewhere.

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Vijay Kumar (Project Manager) 12 October 2011

Thanks a lot for your valuable advise. Iam now confident of going ahead with my new assignment duly intimating the new employer.

As advised by you, I am sending an e-mail today to my present company requesting them to relieve me within the effective date of my resignation while intimating them I would do all that i can to best of my ability for smooth exit.

However, I feel that they are not going to relieve me and keep insisting me to complete the works on hand that would take atleast another 8-10 months as the nature of tasks on hand are issues related to construction project. Seems they would just postpone the issue on some or the other pretext. I would now onwards try to build records in my favour as advised by you.

Kindly advise me if can stop going to office from Oct22, 2011 the ending date of notice-period and join with new company if they agree without relieving letter.

Thanks & Regards,

Vijay

Kumar Doab (FIN) 12 October 2011

You have posted:

"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."

You are firm on your decision to take up the next employment offer.

You should submit request to him on the same email trail, to forward your notice of resignation, and that you have prepared the certifications etc suggested by him and he may kindly check, verify, and validate the same and issue acknowledgment to you.

Keep all records safely with you for future use.

Kindly forward the notice of resignation to good offices of your appointing authority, MD, Head-HR positively, (and include that reference of the circular dated……..of the company vide which notice period has been amended to 1 month)since you are not aware your boss has forwarded it or not. Complete all formalities due at your end and demand NOC. If any one declines to issue towards dept. formalities, escalate in writing under acknowledgment with a copy to you, to good offices of your appointing authority, MD, Head-HR, company secretary.

Submit the written reminder, positively, to the good offices about your effective date of resignation and that you have submitted all formats certifications e.g.................to Mr.........and that the good offices may intervene to issue NOC to you.

You can submit another reminder say 3-4 days before effective date of resignation, and include that subsequent to your notice of resignation date............and your communications dated........and dated............you shall be resigning on dated..............and the same shall be date of termination of employment.

On effective date of resignation you may submit your formal resignation letter to good offices under acknowledgment, with a copy to you.

Kindly do not leave any room for the company to charge you for causing any loss.

You should remain amiable, cool, and maintain rapport.. You should resolve the matter in your favor amicably.

You should inform your next employer in writing that you are in a position to supply them at the moment the copy of notice of resignation, acknowledgment of submission, only and shall be able to supply the acceptance of resignation, work experience/service certificate, relieving letter on its receipt from your previous employer, only.

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