Resignation
Santosh
(Querist) 23 March 2012
This query is : Resolved
Hi,
I am employee of consultancy and working for another company from 12 months but still are taking into on role so I and colleague sent resignation to our team lead and consultancy manager. same day working company manager tried to convince to continue for few more months i will make you on role (Company employee)but we did't agree to continue but agreed to give process back in our notice period so even manager also agreed and told personally to send mail we will continue upto some days.
But we both send mail with same Sentence on 19th march saying "As discussed with management I am continuing my work upto 31st March-12 that day is our last working day".
after that consultancy manager and working co manager discussed and after that telling one of you influencing other to leave job this against to company policy. for this we will give bad remark in your relieving latter and in data base. (but we are the we are very important in the process if we quite job, process will be in critical.)
Now they telling make us everything in documentation and give training to new joiners, once new joiner confirmed us they ready process other help then only we will relive you if not working company manager will not approve our resignation.
Could you please assist can leave working company after 30 days notice period. is it possible to take relieving latter without any bad marks from company in latter and data base.
Ajay Bansal
(Expert) 23 March 2012
It is a matter of evidence.So file a civil suit for declaration and mandatory injunction to get said relieving letter.
Guest
(Expert) 23 March 2012
By referring the threat given to you by the consulting manager and working manager about their intention to give bad remarks in the relieving letter, send a final notice in continuation of your resignation notice clarly stating that your resignation notice may be treated as final and be relieved on expiry of notice period.
That process may strngthen your case and if some one writes something adverse in your notice period or experience letter, the same can later be treated as blackmailing and pressure tactics on their part to compel you to work for the firm against your wishes.
Raj Kumar Makkad
(Expert) 23 March 2012
I do endorse the views of Sh. dhingra ji.
Santosh
(Querist) 26 March 2012
Thank you very much for your valuable advice.
I got confidence about my self after your advice.
So thought to speak once again with working company manager, I will help from my side how much possible and how much I know in the notice period but not possible to provide all your requirements in short time. then I will leave the org sending mail today is my last working day.
Sir is it fine from side or do I need to do something from my side to make it correct.
Santosh
(Querist) 26 March 2012
One more thing to inform you sir (All).
Working manager replied to mail.
(Original mail from working Manager)
I totally disagree with the timelines given.
Santosh has to give proper handover, training and documentation to new joiness. Unless this is completed he can’t be released.
Also he has to be available during notice period to complete all aforesaid activities
Thanks
XYZ.
(Original mail from working Manager)
Guest
(Expert) 26 March 2012
You are not bound by the new appointment whether and when the management is able to do against you. On resignation, it is the duty of the management to arrange for your reliever to take over the charge of training documentation, etc., or he should himself takeover the charge.
Your working manager don't have any right to keep any employee like bonded labour.
