Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Tharika   29 April 2017

Can employer change designation in relieving letter in response to resignation?

Worked in tech startup as marketing head for 1.2yr (acc 2 offer).Due to unprofessional management, I resigned, ready for 3 month notice. Was asked to stay 1yr. When I refused,they told to leave immediately, threatened to not give relieving, spoil career. Later, was told to sign one with designation as Sr marcom or get nothing. Is it legal?


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 14 Replies

saravanan s (legal advisor)     29 April 2017

you can give them a notice with copies of whatever proofs you have like appointment order, slary slips wherwe your designation is clearily mentioned to prove your claim.if they still threaten you then you can takeup the issue to the labour comissioner

Madhu   29 April 2017

Sir, My last working day was 14-april-2017, in a private company in Andhra Pradesh. As assistant manager f&a Our salary month start from 26 to 25 in next month. My full and final settlement is not yet done as on 27/04/2017. Company paid incremental arrears @6% on ctc to all employees regarding Fy 16-17 along with salary of march 17 (26/04/2017). Except me. My question is I've worked throughout FY 16-17, and up to 14th April 2017 in FY 17-18. When I talked with my hr. He told that arrears of fy16-17 will not be paid to you and regular salary of march 17 and April 17 will be paid in final settlement which is under process. Please suggest in view of legality. And if i'm eligible for incremental arrears of fy 16-17. Plz suggest me how to get my dues from company. I served complete notice period as per my appointment letter Madhu 9030409404

Tharika   29 April 2017

The company has no HR. All decisions are being taken by one powerful person who owns the organization who was pretty aggressive and rude. It was either his way or high way. So I am not sure if a rational communication is possible.

The offer letter has the right designation, 'Head of Mar com'. The payslips says just 'Marketing'. The relieving says, 'Sr Mar com'. The company was funded and registered but is not following any labour laws per say. Are there any laws that protect the employees in private start ups from such harrassment from exploitative employers? Or are start ups exempt from labour laws applicable to other companies?

Kumar Doab (FIN)     29 April 2017

@ Tharika,

Your designation as updated/recorded in docs/record e.g; offer letter/appointment letter, salalry slips, I.Card, communication on recford etc   as on date of resignation should be mentioned in relievng letter.

Do you have any evidence of so called harassment, threats etc?

On which docs you are being forced to sign?

You are in which state?

Are you a member of IT/ITeS employee’s unions/trade unions?

Kumar Doab (FIN)     29 April 2017

@ Tharika,

The IT/ITeS/BPO/KPO/Tech service/Call center companies are not exempted from labor Laws or law of the land.

The salalry slip just denotes that you were in marketing dept.

Thedesigantion is mentioned in appointment letter.

Kumar Doab (FIN)     29 April 2017

@

Madhu,

The increment is for financial year and should be paid to you.

Hope you have the relevant policy printouts on appraisal, increrment etc

 

Kumar Doab (FIN)     29 April 2017

@Madhu,

Isn't it same query:

https://www.lawyersclubindia.com/forum/Delay-in-full-and-final-settlement-149367.asp

 

Tharika   30 April 2017

Hi Kumar,

The Harrassment:

On the day I resigned officially( on mail), initially I was asked for working a year as my performance was good. As per offer letter, my notice is only 3 months. When I refused, I was asked to serve 3 months, which I agreed. Later on the same day, the CEO of the company behaved very unproffessionaly:- did not accept my resignation clearly in mail, changed my designation, told my salary would be cut to only basic as I have'nt worked at all etc,   told me I can leave immediately, that he would nt give relieving letter, he is ready to go to court, wants to spoil my career etc etc. Before I left when I asked why all the fit of rage, he said it is because, I resigned and did not agree to stay 1 year like he asked. I was ecorted off premises.

What I signed

A week later,  one day was asked to come and collect relieving with the modified designation. The relieving letter stated the company & me owe nothing to each other with the sign of this letter. As per my performance appraisal in the year, I was entitled to some ESOPS. I was told it was that relieving or nothing. So I had to sign it. 

I am working in Bangalore, Karnataka. The company is registered start up under Nasscom and had about 17 employees from reputed backgrounds like IIT, NIT. That's why I had assumed it is structured and proffessional and worked for over a year. About 10 employees including me have left ( I was the last one among the ones that left). So the owner is using threat as a means to keep the remianing employees from leaving ( Threat of Holding relieving letter etc)

 

 

Kumar Doab (FIN)     30 April 2017

Originally posted by : Tharika
Hi Kumar,

The Harrassment:

On the day I resigned officially( on mail), initially I was asked for working a year as my performance was good. As per offer letter, my notice is only 3 months. When I refused, I was asked to serve 3 months, which I agreed. Later on the same day, the CEO of the company behaved very unproffessionaly:- did not accept my resignation clearly in mail, changed my designation, told my salary would be cut to only basic as I have'nt worked at all etc,   told me I can leave immediately, that he would nt give relieving letter, he is ready to go to court, wants to spoil my career etc etc. Before I left when I asked why all the fit of rage, he said it is because, I resigned and did not agree to stay 1 year like he asked. I was ecorted off premises.

What I signed

A week later,  one day was asked to come and collect relieving with the modified designation. The relieving letter stated the company & me owe nothing to each other with the sign of this letter. As per my performance appraisal in the year, I was entitled to some ESOPS. I was told it was that relieving or nothing. So I had to sign it. 

I am working in Bangalore, Karnataka. The company is registered start up under Nasscom and had about 17 employees from reputed backgrounds like IIT, NIT. That's why I had assumed it is structured and proffessional and worked for over a year. About 10 employees including me have left ( I was the last one among the ones that left). So the owner is using threat as a means to keep the remianing employees from leaving ( Threat of Holding relieving letter etc)

 

 

Did you sign for NSR and share the PIN with employer?

Kumar Doab (FIN)     30 April 2017

Color Code; Blue: Do You have the copies?

Color Code; Red: Is it all in writing by email?

Color Code; Green: Did you minute it? Or you have evidence?

This should make you eligible for Noitce Pay @as narrated in appointment letter and/or as levied by employer in case of termination or min. as per enactmnents that are applicable in case of establishment/employer/employee.

 

What is the evidence of payment of dues?

Mere signing on such statement does not necessarily leads to forgoing of legitimate claim.

As per your post you signed under duress,intimidation,coercion,pressure, force etc etc   

Kumar Doab (FIN)     30 April 2017

The state has notified ‘Greivance Redressal Committee’.

The state has IT/ITeS employees unions, Female IT/ITeS employees unions.

The list of Trade Unions is also available on website of Dept. of Labor karnataka.

You can approach them.  

 

 

 

Kumar Doab (FIN)     30 April 2017

Discus with Local counsel Specialzing in Labor/service matters and your counsel(s)m may suggest to approach:

Inspector appointed under Karnataka Shops & Estbs Act, Payment of Wages Act

Higher officials of Dept. of Labor

O/o Labor Commissioner

Civil Courts

Tharika   01 May 2017

Thank you for your response,  Kumar

I will check out with the labour union about this and see the best course of action to solve this amicably. 

Blue code:

Our performance apprasiasal and eligible amount of ESOP was communicated to us verbally in  December 2016 with the promise that we would get it on paper in 2017 by March. Unfortunately, no written communication ESOPs we were eligible was made to us. My other 8 colleagues also were asked to sign similar relieving letters or get nothing. I left in Apr 2017.

Red Code:

The change of designation and pay in response to my resignation was on mail. Remaining was told verbally during the discussion I had with him in the evening. 

Green code:

When I objected to the decision, I was asked to leave immediately and the CEO followed me to my desk, and out of office. My colleagues were around and saw what happened.

Red Code:

The relieving letter with the clause of owing nothing  is written and there. The fact it is that or nothing was told verbally. The only eveidence is company official about us page, showed me in same designation ( Head of marcom)  till last working day. There was no official rating / notice for changing my designation.

The  mangement's objective of the excercise was to instil fear of exit procedure and prevent remaining employees from leaving the company though there is no bond in official offer letter. 

Kumar Doab (FIN)     01 May 2017

Try amicable settlement ( in reasonable time as suitable to you) as you wanted and as posted.


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