Employer not accepting resignation or giving releaving lette
Kunal
(Querist) 06 August 2016
This query is : Resolved
Hello everyone,
I was working in a private bank in gurgaon i was on contractual basis of 11 months. I was in sales Department i was trying to perform but couldn't. So my manager was forcing me to give resignation two days before the end of the contract i give resignation. But my manager is not giving me releaving letter.
Second thing is that my manager used to scold me infront of so many of employees on the daily basis so because of that i left to come office i just came the office mark the attendence and go outside of the bank because of that nobody couldn't see me in the bank including my manager for about 1 month and i got my full salary. So at the time of resignation my manager not accepting my resignation and giving me dhamki the i have to give back the salary or he will take action against me because i mark my attendence and not sit in the office and for not report to him. I didn't sit in the office just because his very very very bad behaviour and mental harassment. And at the time of resignation he is not giving releaving leter and giving me warnings to take action against me. He hararased me very much mentaly i am very much depressed all the days now days.
What should i do? Please help me my carrer is in danger.
Kumar Doab
(Expert) 06 August 2016
You have posted that:
"i just came the office mark the attendence and go outside of the bank because of that nobody couldn't see me in the bank including my manager for about 1 month and i got my full salary.....................I didn't sit in the office just because his very very very bad behaviour and mental harassment"
This is unprofessional on your part to.
You knew from beginning that it is Contractual job and you may not be taken into permanent employment.
You could have very well objected to bad behavior on the very first day and reported it, recorded it, separated by resignation under protest.
"So at the time of resignation my manager not accepting my resignation and giving me dhamki the i have to give back the salary.........................And at the time of resignation he is not giving releaving leter and giving me warnings to take action against me. "
If you need to give back the salary then employer can write to you.
It is not clear whether you have been asked to write admission of guilt or not?
Line Managers are known to do it.
"I was in sales Department i was trying to perform but couldn't. So my manager was forcing me to give resignation"
If you could not perform and if others also could not perform then Manager as a sum total could not perform.
Of course Manager could have and should have done the counselling and hand holding to help perform than scolding alone.
Of course Line Managers are known to scolding alone.
"two days before the end of the contract i give resignation. "
You could have refused to handover the resignation on platter.
Service Certificate, Relieving letter is to be provided to all employees. It has become a precedence in the Industry to remain employable.
Many employers recruit without relieving letter, also.
Sales is a good career, and you can cross the floors, provided you perform.
Manager could have reported your attendance and NO work and that could have been penultimate for you. Managers are known to keep their cards up the sleeve and hit where it hurts.
Try to sink the differences and obtain relieving letter (with good comments or at least satisfactory).
Or approach a very able counsel specializing in Labor/Service matters and your lawyer may help you.
In future act in time to defend your interest.
adv.bharat @ PUNE
(Expert) 06 August 2016
Author need to do according to expert advice.
Rajendra K Goyal
(Expert) 07 August 2016
Agree with the advice from expert Kumar Doab.
Rajendra K Goyal
(Expert) 07 August 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Employer-not-accepting-resignation-or-giving-releaving-lette-610951.asp
