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soyuz123 (Sales Manager)     08 September 2013

Co wants me to serve full notice prd & denying relievng lttr

Dear All: I am currently employed in a large influential US MNC in India & put my resignation giving 15days notice. I've also mentioned that the notice pay may be recovered as per contract agreement. The appt letter reads out: "This is an at will employment & can be terminated at any time by giving 1 month notice in writing or payment in lieu thereof to other party"

After having persuaded my Boss & Business Leader to let me go, they asked me to talk to HR on relieving formalities. I was shocked to talk to my HR when she said that even if I serve a notice period of full 1 month, I wont get a Relieving letter & even then I need to pay a notice recovery money of addl 1 month. According to her, the norms are of min 2 months notice (negotiable at mgmt's discretion), soft copy of this policy is also uploaded in the HR portal of my Orgn.

She also mentioned that a new policy has been introduced wef Jul'13 which says that employees not serving the full notice period of 2 months will not get Relieving letter though I haven't come across any such circular till date claiming such change. The old policy is still uploaded in the portal & I've taken screenshots with dates uploaded as a proof to deny her claim of a modified policy. HR said that they can implement new policies even from a backdate. This sounds completely absurd !!

My point is that the soft copy uploaded in the HR portal is only a general guideline & is not a mutually signed doc. Further, this policy is dtd 01st Apr'12 which is older than the appt letter I have which is dtd 23rd Apr'12 hence my appt letter logically supersedes the older declaration as uploaded in the Co's HR portal. Legally speaking, only the signed doc b/w me & then HR Leader should be considered legitimate which is the appt letter.

Its been 1 week already & my Line Mgr hasn't accepted my resignation in writing & waiting HR's consent on this for further action. What are my options as I need to join the next Orgn after a month. I again wrote back to HR on the same resignation mail saying that I can atbest serve a 1 month notice & attached a copy of the orig appt letter in support of my claim.

Regards



Learning

 3 Replies

Kumar Doab (FIN)     08 September 2013

You have the basic understanding of the matter and your rights.

The conduct of HR is bad.

 

You are in which state?

 

The HO/redg. office of the company is I which state?

What is this establishment: Industrial or Commercial and what is your designation and nature of duties?

You may also confirm if the standing orders are applicable to this company and does this company has its certified standing orders and has it extended standing orders to your designation. If standing orders are applicable but have not been certified by certifying officer (DLC) Model Standing shall apply.

The service conditions stated in standing orders shall prevail upon appointment letter or any corrigendum or even any other amendment if the amendment is not certified by certifying officer.

If notice period is 1 month in standing orders it can not be 2 months in appointment letter or any other policy uploaded any where……………………….

Employer or its HR should not behave like a street magician and try to produce things from thin air. Gossip and rumor can not be rules.

You have posted that:

 

-------“Its been 1 week already & my Line Mgr hasn't accepted my resignation in writing & waiting HR's consent on this for further action”

Resignation should ideally be addressed to and supplied to appointing authority by letter thru redg. post.

Until or unless empowered by board the Line Managers and HR are not competent to accept resignation. Do not remain entangled with these HR/Line manager guys………..

---------“HR said that they can implement new policies even from a backdate. This sounds completely absurd !!” “Legally speaking, only the signed doc b/w me & then HR Leader should be considered legitimate which is the appt letter.’

You are right.

 

-------------“that employees not serving the full notice period of 2 months will not get Relieving letter’

Relieving letter signifies that, resignation has been accepted, nothing is due against employee and employee.

You may affirm that all tasks as on the date of notice of resignation and as on date have been completed by you and nothing is pending at your end. Now onwards routine duties be assigned that can be completed within and up to effective date of resignation/last date in office i.e. dated…………………..and exit formalities be completed and you be informed to whom you should handover the charge/company property (if any) under proper acknowledgment on the spot.

By a letter addressed to good offices of appointing authority, MD, you may narrate the representations made till date (mention names/designation/dept/name of company/address………………….dates, brief minutes…………………attach screenshot if deemed fit by you etc) and conclude that notice period is 1 month and exit formalities be completed within and up to expiry of your notice.

You may request that acknowledgment of resignation, acceptance, correct FNF statement, Form 16 as per correct FNF statement, payment of FNF des by bank DD, attested copies of PF forms (submit forms), PF a/c slips of all years of service, salary slips of all months, NOC/NDC, relieving letter, etc………………..be supplied to you within office hours of your last day in office.

Based on the response of good offices you may proceed further.

 

 

1 Like

soyuz123 (Sales Manager)     08 September 2013

Hi ! Thanks for help. Pls find below pointwise reply to ur Qs & advice

1. HO - Gurgaon, Registered office - New Delhi

2. my Location - Gujarat

3. Its basically an industrial establishment where it does local manufacturing however it also trades items from its mother plant in european countries to offer the complete package. The Indian subsidiary "India Pvt. Ltd" classifies its employees into 2 categories -workers & managers.I am a Sales Manager in a mid senior position & have no role to play in the industrial set up. Infact I work from home & dont have an office set up here.

4. The appt letter clearly mentions the name & desg of the line mgr & he's authorised to accept & process my resg; however, i'll send the orig resg thru a regd post as well. The orig appt letter is signed by then HR leader but he has moved to another role. Pls advice..

Regards,

Kumar Doab (FIN)     09 September 2013

 

>>> If you feel that the situation is what you can’t handle you may agree to serve 2 months notice period.

 

 

>>> As per your posts the facts seem to be on your side.

>>> Appointing Authority is: HR Leader.

If he has left higher authority may be MD.

Female HR being junior to HR leader might have some nuisance value but may not competent official to accept or reject resignation until or unless empowered by board.

Line Manager might be the stake holder to process the resignation to forward it for processing.

>>> Resignation can be without notice or permission.

The notice period may be dependant on Statue, standing orders, appointment letter, service conditions………………….

The liquidated damages in case of breach of condition of notice period is already stated in appointment letter in the form of notice pay and thus can not be more than this.

You are willing to service notice period of 1 month as per service conditions inserted in appointment letter.

>>> If the tasks/handover of charge of employee that has resigned are pending due to which employer may suffer some loss: financial or other and if the is not willing to indemnify or compensate the employer the employer may insist to serve full notice period.

You may affirm that all tasks as on the date of notice of resignation and as on date have been completed by you and nothing is pending at your end. 

In your case the female HR is asking for 2months’ notice period (imaginary) and has even announced that it shall introduce ( after you have contended that notice period is not increased ever by any communication of any sort) some backdated/current dated communication effective from back date.

The conduct of this female HR is bad.

She has pressed line manager not to process the resignation. It is not clear she is competent authority or not.

You have a grievance and there should be some grievance redressal mechanism in the company. Usually MD is the top authority.

You may represent to MD.

>>>  Company might have stated in appointment letter that all T&C introduced from to time would be acceptable and applicable to employee………………….however these can not be verbal and should be supplied by effective modes of communication to employee for acceptance.

You have downloaded the screenshots confirming no change in notice period even by some doc uploaded at employee’s portal.

Apparently there is no communication to establish increase in notice period and your acceptance.

>>> Submit a gentle, but firm and carefully structured representation to good offices.

It shall be appropriate to show all docs, records including but not limited to appointment letter, standing orders, emails etc to a competent and experienced labor consultant/service lawyer at your location, give inputs in person, and proceed under the expert advice of your lawyer. Let your lawyer structure/draft your representation.

It shall be appropriate to settle the matter with your next employer preferably in writing even if by email that if the current employer declines to issue acceptance of resignation, relieving letter, you can not supply it…………………………..and you can submit only the copy of notice of resignation, final resignation, proof of dispatch, and based on that you should be absorbed………………………  

>>> Although you have posted that you are in middle management, however let your lawyer ask you a set of structured questions and opine that you would be covered as a ‘Workman” as in ID Act or ‘Employee’ as in Shops and Commercial establishments Act.

 

You may also obtain certified standing orders of the company and check if these are extended to your designation and look into clause on Notice Period/pay.


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