Company not accepting resignation

Lead - Operations

Hi All,

I am working with a multination BPO in Gurgaon, Haryana. What happend here is the quality team started scrubbing the data for last six months and found that there are most of the agnets are using a way to avoid a customer satisfaction survey shot by the end of the call. And thats a common way everyone was doing and even managers were ware of it and they said this to agents that do this and do that to maintain the good score (they always says it verbally) Now when quality team noticed that then they escalated it to management and management started asking aganets one by one and asking them to write an acknowlegemnt about the incident that he/she was aware of the trick or not. We mentioned that we were not aware. Also managers are saying that they don't know about it and they never incourged this.

After couple of weeks HR was calling agents in group of 3-4 and then giving them a letter in which the following matter is written :

"It has came to our attention that you are allegedly involved in acts involving survey avoidance activities which is a violation of BCG (Business Continuty Guidelines) clause 1.1 - Commitment to integrity and Business Ethics. Since the charges leveled against you are of grave and serious nature, you are hereby suspended and required to refrain from attending usual business at office with immediate effect, pending further proceesings and final order in the matter, unless required to do so for investigations. During the next 90 days, you will be paid subsitence allowance equivalent to 50% of your assured monthly salary"

Now some of agents including me searched for other job because in 50% salay it's impossible to survive in Delhi with your family. We got  jobs in other companies and when we contacted HR for the resignation they said we can not resign untill the investigation complets. We have a joining dates for next month (Spetember'2013) and if company don't accept the resignation then what to do in this matter because without the resignation acceptance and Relieving letter the offer from the new company will be on hold/withdrawn. Pleas help us in this situation.

Regards,

Mahesh Kumar

 
Reply   
 
Advocate

The management has a right to "suspend its employee" when the investigation, inquiry or trial is likely to be contemplated, or is in fact contemplated. Such suspension remains in force for a period prescribed in the standing order. The management has exercised its power, authority and jurisdiction suspending you from service and the management had pleaded "proper justification" for so resorting to "suspension" suspension is an interim measure from preventing the employee to discharge the normal duties, or in other words to debar the employee temporarily. Suspension can neither be terms as termination, nor discharge from service. During the period of suspension, the employee always gets the "subsistance allowances" according to rules in this behalf. So, there is no merit to voice out any grievences against suspension. Rather, the management is justified in the facts and circumstances of the case.

 

Beside this, whenever, upon the preliminary inquiry, according to the sources of the management, there appears a ground to investigate and to inquire into the "miscondut" of the employee, it would be open to the competent authority to so issue the charge sheet containing the allegation supported by evidence. The inquiry then be proceeded in accordance with the standing orders read with principles of natural justice. And, if the management receives the positive deposition in support of the charge, or the charge is proved, the management may reach at a decision making process imposing appropriate penalty commensurate with the gravity of misconduct committed.

 

The Management is not obliged to respond to the resignation. The management would obviously "either reject the tendering of resignation or not accept the resignation" solely on the ground of "contemplated inquiry, investigation or trial".

 

I think, the position is made clear. If you have still any confusion, you may remain in touch on this platform. 


Total likes : 1 times

 
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FIN

 

 

You have posted that:

 

--------“I am working with a multination BPO in Gurgaon, Haryana

The redg. office of the company is located in which state????

 

------“they said this to agents that do this and do that to maintain the good score (they always says it verbally)”

“We mentioned that we were not aware.”

--------“ Also managers are saying that they don't know about it and they never incourged this.

 

The work stations/work floors of such companies are usually under CCTV surveillance and word and activity is recorded.

If the activity was as per the orders of the managers then the workers could have stated it in their disposition to management.

The managers are representative of the management.

Their orders were followed by the workers and workers are expected to comply.

Had they not complied they could faced the repercussions.

Were all workers coerced or forced or instructed to conceal this fact by these managers?

Is it not a possibility that these managers were instructed by their managers to do so?

Is it a practice, norm to analyze the work floor recordings by superiors to check if all is well and in line with policies of the company?

If the workers feel so they may demand the CCTV footage with voice recordings to enable them to reply.

 

--------“"It has came to our attention that you are allegedly involved in acts involving survey avoidance activities which is a violation of BCG (Business Continuty Guidelines) clause 1.1 - Commitment to integrity and Business Ethics. Since the charges leveled against you are of grave and serious nature, you are hereby suspended and required to refrain from attending usual business at office with immediate effect, pending further proceesings and final order in the matter, unless required to do so for investigations.”

The company has quoted its internal policy…………………..If this policy has not been circulated to all workers then workers have a right to demand to inform ( certified copy of the communication even if it was email) that when was this policy supplied to them and demand a copy of the same also.

It seems in this case in this case the inquiry shall lead to charges getting substantiated and thus to termination…………………..which shall get recorded and shall affect future employability of the workers.

All workers may join hands, unite and approach trade unions and a labor consultant/service lawyer. Now employees should not act on thier own and must proceed under expert advice of their lawyer. The lawyer and trade union know how to drive such case. The lawyer can opine that each worker falls within the category of 'workman' as in ID Act and 'employee' as in Shops and establishments Act of the state................................... 

All workers may check if this company has its certified standing orders (CSO) or model standing orders shall apply to the establishment.

It is felt that Haryana is one of the states that had granted blanket exemption from provisions of Industrial Employment Standing Orders to IT/ITeS companies.

The workers may check the position from the o/o Certifying Officer (Dy. Labor Commissioner)………………………..

Workers may also check if the certified standing orders/model standing orders are displayed by company on notice board and demand certified copy of the standing orders (certified/model) being observed by the company along with reply of the company in writing by redg. post only.

Employers should supply the copy against a nominal charge say Rs.10/……

Employees or anyone can obtain copy from CO against a set fee…………..

Employees should also go thru the misconducts stated in the standing orders (and also in the policy referred by the compnay)................................

 

Supreme Court overruled its earlier decision and held that the misconducts mentioned in the standing orders were exhaustive and a workman could not be punished for an act or omission which was not described as a misconduct in the standing orders.”

Supreme Court of India

Glaxo Laboratories vs The Presiding Officer, Labour 

 

The above might fetch soem releif for the workers.

You may proceed as deemed fit.

Valuable advice of learned members/experts is sought.



Attached File : 739123329 glaxo laboratories vs the presiding officer, labour ... on 6 october, 1983.pdf downloaded 149 times

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Lead - Operations

Hi Sir,

Thanks for the reply. As per your guidlines the company has right to accept or refuse the resignation. Please advice is tere any way I can ask them to accept the resignation. Because w/o resignation acceptance/relieving letter I can not join the next company.

Regards,

Mahesh

 
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Lead - Operations

Originally posted by : Kumar Doab


 

 

You have posted that:

 

--------“I am working with a multination BPO in Gurgaon, Haryana”

The redg. office of the company is located in which state????

 The redg. office is located in New Delhi.

 

Sir, also please suggest how can I get the releiving/resignation acceptance in this case as I have a joining on 2nd october with my new employer.

 

Regards,

Mahesh

 
 
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LEGAL COUNSEL

The moot point is an agent is an employee or an agent governed by a contract of business/service. If you have been governed by the letter of appointment as an employee, then the terms conditions of enquiry and investigation to be read. More over your Company ought to be governed by its own stnding order/service rules or the model standing order of your state. THe investigations and suspension procedure should be in alignment with these standing order/rules and cannot prolong at the company's will. Also it would be unfair for any company not to accept a resignation citing a pending enquiry. The whole objective any enquiry is to have discipline in the system if an employee is willing to resign, least the company can do is take the resignation unconditional and releive him.

Vasudevan

 
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Lead - Operations

Originally posted by : V. VASUDEVAN


The moot point is an agent is an employee or an agent governed by a contract of business/service. If you have been governed by the letter of appointment as an employee, then the terms conditions of enquiry and investigation to be read. More over your Company ought to be governed by its own stnding order/service rules or the model standing order of your state. THe investigations and suspension procedure should be in alignment with these standing order/rules and cannot prolong at the company's will. Also it would be unfair for any company not to accept a resignation citing a pending enquiry. The whole objective any enquiry is to have discipline in the system if an employee is willing to resign, least the company can do is take the resignation unconditional and releive him.

Vasudevan

Sir,

So what would be your advice on this that how can I submit my resignation? and what they denies. Whar are the next steps ??

Your help and support would be highly appreciated.

Thanks

Mahesh

 

 
Reply   
 
LEGAL COUNSEL

Mahes - you need to answer my queries to get advice. Please provide the nature of your employment contract - key terms may be reprodced. How many employees work in your company (in the branch office where you work) whether the company has displayed or circulated the standing order/service rules

etc. when they issued the notice did they quote any rules, etc.

vasudevan

 
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Lead - Operations

Originally posted by : V. VASUDEVAN


Mahes - you need to answer my queries to get advice. Please provide the nature of your employment contract - key terms may be reprodced. How many employees work in your company (in the branch office where you work) whether the company has displayed or circulated the standing order/service rules

etc. when they issued the notice did they quote any rules, etc.

vasudevan

 

Hi Sir,

Sorry for the trouble. In offer letter it's mentioned that I'll be probation period for one year and after the I am a full time employee of the company.

We have around 800-900 agents working here in shifts (gurgaon office). We have never received any kind of standing order/service rules apart from the offer letter.

I am attaching a copy of the offer letter which contains some clauses. Please have a look.

Regards,

Mahesh Kumar



Attached File : 739161473 offer letter clause.pdf downloaded 73 times
 
Reply   
 
Advocate

Clause 2.12 is explictly clear. There is a total prohibition to be employed elsewhere, while the services are continued in the company. And you are  still in the employment of the Company. You have neither tendered the resignation, nor have they accepted. Even if you tender the resignation, the new calling cannot be accepted by you having regard to the "express prohibition" contained under Clause 2.12 of the letter of appointment. 

 

Clause 2.14 is also very clear. It has been specifically mentioned to the effect that you will be required to effectively carry out all duties and responsibilities assigned... And obviously, the employee is bound the discharge the duties effectively and with all responsibilities. The charge against you is that "something is not done by you". Now that something will certainly fall within the "negligence in performing the duties and or assigned responsibilities", if not a grave misconduct. But, on this count, the Company would take you in clutches justifying the departmental inquiry. The result may be anything. The inquiry officer may even exonerate you. But so long as the inquiry is not culminated, nothing can be said as to what would be the probable view, the inquiry officer would take. Take it surely that the Company will hold you guilty of not discharing the duties and responsibilities in a manner expected, and you may perhaps be booked for the penalty based on inquiry.

 

(My Learned friend Shri Kumar has cited a judgment in case of Glaxo Laboratories decided by the Honourable the Supreme Court of India. There is no dispute in relation to principle evolved. There is still one more judgment of his Lordship Justice DA Desai in case of Karla, where also it was pressed into service if the the act alleged to have been committed, does not fall within the definition of misconduct, it cannot be said that the misconduct is ever committed and no punishment can be imposed. But, here, in your case, I have referred to the "relevant clause in relation to duties and responsibilities". The cases of Glaxo and Karla, according to my humble view may not be applicable in your case. However, I may be wrong in construing the ratio, or its application)

 

In addition to it Clause 2.15 of the letter of appointment is also very clear. It has been stated that you are expected to maintain the acceptable level of performance..." So the departmental inquiry would revolve round the duties, responsibilities and what they have stated to be the acceptable level of performance.  

 

I appreciate your agony. Simlarly, I also acknowledge that anybody would be very eager to join the new employment, but in view of the act alleged to have been committed by you, there is no immediate way. The sum total of the entire case is that you will remain under suspension for a period of 90 days. A departmental inquiry will be held against you. The inquiry officer mayeither punish or exonerate you from the charges levelled or intended to be levelled. And during the course of all such exercise, you will continue to "remain as an employee of the Company". No resignation, if tendered will be accepted. 

 

If you have still any confusion, please remain in touch by way of this platform. 

 

 
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