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ankur (manager)     17 November 2011

Boss not accepting resignation.. hr also not helping me out.

Hello all,

I am in a real mess, I work for a MNC bank for last 5 years now at a managerial position(sales).  I had put in my papers early this month and my boss was not accepting it and was trying to retain by offering some goodies.... 2 days later after thinking I gave my final decision that is I wish to leave as I am getting better profile with a new employer and requested him to kindly release, he didnot accept it that time. Now some days later I sourced one relationship(bank account) wherein some discrepancy was found. My boss sent a mail to our legal dept and legal dept called me up for discussion, I met them & explained everything.... NOW HR saying I cannot leave or we cannot accept the resignation until we get the final verdict from legal unit. when I spoke to legal unit and they say I may leave if I wish to, nobody can stop you..

 

HR has given me one document wherein it mentions that I will have to be on leave till the time we get the final verdict. I cannot come to office. but its nowhere mentioned that I cannot resign in the meanwhile... my other employer is not gonna wait for me for that long....

 

Please help.... I want to come out of this mess....

Regards

 

 

 



Learning

 10 Replies

jayant (legal)     17 November 2011

Dear Ankur,


No problem do one thing, give detail in writting about the finiacial descripancies relating to you and take receiving from the your legal Department. Intimate this situation to your prospective employee so that your fututre way should be clear one. Then put your resignation towards your HR take his received on the resignation letter and join your new employer. In case if your current employer fail to issue a releing letter to you then you may file a civil as well as crminal case against HR. Unfair labour practise and mental harrashment at the work place as a civil and mental tourcher withbad motive of false financial descripancies i.e. criminal breach of trust is a criminal matter. Do not forget to drag your HR in the Criminal as well as Civil.

 

Thanks.

ankur (manager)     17 November 2011

Thanks Jayant for your kind reply.

 

The problem is they are not even accepting the resignation. HR saying you canot resign unitil the final verdict comes out.

 

Regards

Punit Tekwani

ankur (manager)     17 November 2011

Originally posted by :ankur
"
Thanks Jayant for your kind reply.

 

The problem is they are not even accepting the resignation. HR saying you canot resign unitil the final verdict comes out.

 

Regards
 
"

ankur (manager)     17 November 2011

Originally posted by :ankur
"
Thanks Jayant for your kind reply.

 

The problem is they are not even accepting the resignation. HR saying you canot resign unitil the final verdict comes out.

 

Regards
 
"

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 November 2011

Dear Ankur

no need to worry send your resignation through post, after receiving this post you are not liable for this company and join another, in between contact HR dept for relieving if the neglect/refused to relieved you then send a legal notice to your company and file a case in labour court as well as in criminal court.

feel free to call


(Guest)

Nedeem is right.

Sudhir Kumar, Advocate (Advocate)     18 November 2011

Any employer thinking that he has a right to stop resignation (including Govt unless Army/navy/Air Forece Act is involved) is liable to criminal action as per Bonded Labour Act.  You HR has no power on earth to keep you in their service without your wish.  The only option with them is to invent a criminal case against you and keep you on the tenderhooks which they seeem to have succeeded. In case you have really embezzeled something they have all the rights to see you behind the bars even if you leave.  You have to decide.

Kumar Doab (FIN)     18 November 2011

You have posted:

-"some days later I sourced one relationship (bank account) wherein some discrepancy was found."

What was this discrepancy? Has the company issued any show cause notice or any memo asking for your explanation? Are you a team leader and any of your sales executive/agency has sourced this a/c?

For opening bank a/c customer has to provide all ID/proofs and fulfill the requirement of KYC rules set by RBI.

If the signature/docs of the customer are not forged and customer has not lodged a complaint, then what is the real issue? If the customer has issued a complaint then has the company supplied you copy of complaint and issued meme to explain?

-"when I spoke to legal unit and they say I may leave if I wish to, nobody can stop you.."

You have got the answer.

However if an illegal act or anything violating company policy or anything affecting image of the company has been committed company can peruse the complaint.

-"HR has given me one document wherein it mentions that I will have to be on leave till the time we get the final verdict. I cannot come to office."

What is the charge stated in this document?

You have posted that you have already explained everything to legal dept. What was the charge and what was explained by you? If your explanation was satisfactory then why a document is issued by HR asking you to be on leave? If HR has asked you, to not to come to office, then why you should remain on leave?

-"but its nowhere mentioned that I cannot resign in the meanwhile."

and

"HR saying you cannot resign until the final verdict comes out." HR is only saying and is not issuing this statement in writing. It is believed that after HR has asked you not to attend office, there is no need to issue other statement. What is the time limit set for the final verdict? Is any enquiry being conducted? Has the company issued you any communication stating name of enquiry officer? Have you submitted any explanation in writing?

 

Kindly provide details, and post the document issued by HR. For the sake of confidentiality you may erase the names etc. This shall help to understand the matter in a better sense.


(Guest)

Bonded labor is an entirely different matter.

Originally posted by :Sudhir Kumar
"
Any employer thinking that he has a right to stop resignation (including Govt unless Army/navy/Air Forece Act is involved) is liable to criminal action as per Bonded Labour Act.  You HR has no power on earth to keep you in their service without your wish.  The only option with them is to invent a criminal case against you and keep you on the tenderhooks which they seeem to have succeeded. In case you have really embezzeled something they have all the rights to see you behind the bars even if you leave.  You have to decide.
"

Atul (Manager)     04 December 2011

 

Hello , 

I need advice, I got good offer from new company . Now I have given resignation in current company but they are saying to stay for 3 months as a notice period which given in appointment letter,

The matter in appointment is like this 

Notwithstanding anything to contrary contained herein, either party may during the tenure of your service, termination of same by giving to other party not less than three months previous notice of termination in writing.

so now my query 

1.       Should I need to complete the notice period compalsoryly? 

2.       Will my balance leave useful to be given as notice period.

 

I am working with this organization from last 4 yrs & as a manager. But they are forcing me to complete notice period. I have given one & half month of notice period

What option I have.


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