Vibhas 15 April 2016

Repeated threat by manager

Hi Friends,

This is my first post to this site and after going through the lot of few sleepless nights and mental embarrasement I decided to write this post. I am currently working for a IT company which is a CMM Level 5 company and across location. I am currently employed in Pune and working here since more than 1.6 years.I resigned from my post in 1st March 2016 and as per the sytem generated response the last day of my work is 27th May 2016. Now after discussion with my reporting manager he said that as there is a budget crunch , so they will release me from the project on 31th March. I said I have no problem and I can serve the entire notice period. But they insist that they will release me earlier . After few days they started blaming that I am not performing well and asked me to work extra time as it will affect the delivery. I initially refused to do so but after a hot discussion with senior manager I agreed to work on weekends.

Inspite of all these in few days my reported Project lead again send me a mail accusing that my performance is not upto date and my view towards the project is very casual .He also mentioned in the mail that this will be reflected in my relieving letter.He also suggested to work overtime and come on weekends. After receiving such a threat mail I talked to HR and he suggest to talk to my Project and try to find the solution. I mentioned that my father is in old age and I have to travel alot and coming on weekends is also not possible , so requested them to provide the laptop so that I can manage my work and family. But my Project and Manager refused saying you are in this project for few days only so we can't provide it. Inspite of all the hard dicussion I sacrificed my fathers health and worked on weekends and extra time to keep them happy.

After seeing all this they think of extending my release date to 15th April(in project from 31st April) as a through professional I accepted this and ready to help the team till 15t April. After few days my issue with my Project lead is resolved and he started complimenting me. Then all of sudden my manager called me from Chennai office and shouted at me that I am working properly and that "She will not going to give me RELEAVING LETTER". Though my last day is still more than a month away and my company might release me before the last working day also.

Now I have put my heart out and inspite of all this I use to hear such kind of threat. Before the notoce period they awarded me a certificate for my dedication and all of sudden they are behaving like this. I worked on weekends,holidays without any compensation to help the team but still such harsh word.

I send everyday mails keeping everyone in cc regarding the progress of work. They not even identify any replacement of mine and keep assigning me task.

Inspite of all this I am proactively helping the team.

Now my question is can my manager stops my "Relieving Letter". If so how can I stop her to ruined my carrier. I took 2 days leave as my father health is not good and informed the same to my reporting manager.

Please help me by giving valuabe suggestion.

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5 Replies

ROHIT SHARMA (Legal Advisor ) 15 April 2016

1. Be at peace with your self. You have already given the resignation and are serving the notice period. You have been obliging them as even to work overtime and without taking any weekly off beacause you are sincere by heart and will like to obey the rules. So, do not take notice of their agression towards you as this is how human mind works when it comes to exploiting human resources.

2. If you finish your notice period then you will be given the releiving letter.

Kumar Doab (FIN) 15 April 2016

Your issue is like many of the employees that you are not properly informed.

1. Download the copy of resignation submitted by you and LWD issued by system. Write a letter by Redg. post or atleast an email from personal email id that you have submitted notice of resignation dated...................in system (preferably attach the copy if you can) and LWD issued to you is dated...............(and you will serve the full notice period issued by company by its system ( if you want or if you can).

2. Record proof (audio/visual/witnessed/minuted) of being asked to work OT, on weekends/holidays/off days. Include in your letter that on dated..................Mr/Ms.............stated that you will have to work on weekends/holidays/off days ( if you want or if you can).

3. Let them state in writing that ou will be relieved on 31-03-2016 or relieve you on anyday in writing.

4. Download all rules/policies mentioned in appointment letter, employee handbook etc

5. Has any blame been levelled on you in writing?

6. Download proof of delivering in time and upto satisfaction, completion of all assignments etc

7. Reply to all emails denying allegatins. Download email asking to work extar and OT, off days etc.......

8. Let them state your LWD upto 15th April or whtaever, in writing and download a copy or minute it in writing, under proper acknowledgment.

9. Download proof of complimenting you or minute it. Mention about certificate of appreciation. build record that during notice period you were not casual and did not cause any loss.

10. Download proof of shouting and denial of relieving letter or threat of adverse comments in it or minute it.

11. Submit leave application, intimation of leave in writing under proper acknowledgment, and narrate that you have informed the manager on dated....................by phone/SMS /email etc and it was approved verbally etc or manage to get approval even if by SMS etc.

What is your designation and nature of duties?

What is the notice period inserted in appointment letter?

Is there an office at Pune?

Are you a member of employee's/IT-ITeS employee's unions/trade unions.

Would your next employer accept you without relieving letter/with adverse comments in BGV?

Have you informed them in writing that your notice period/LWD issued by system is ................and relieving letter may not be issued to you? Manage to ensure that next employer accomodates you and does not terminate.

The proofs/evidence alone can rescue if a dispute precipitates.

If you are apprehending a dispute then consult an able Labor Law Consultant in advance ASAP.

Vibhas 16 April 2016

Hi experts thanks for your opinions . @Kumar yes my company has office in Pune. I am not the member of IT/ITES union. Is there any advantage of being the member? I have not asked my future company to accept me without relieving letter. My only worry is inspire of all evidence can my manager stop my relieving? Is it right time to consult the lawyer or should I wait till my LWD? Please advice.