IT firms are IT firms. Lady has served the firm for 4 years and the employer is adamant.
This sector should form a trade union and communities.
Employer can not force the employee to work and the penalty can be max. to the amount of notice pay. Hope Company has not issued any adverse comments in any of its communications, to the lady.
Lady can structure her resignation letter/follow up communications.
lady can submit a written representation under acknowledgment with a copy to her, addressed to her appointing authority, MD,HR Head, Company Secretary and can mention that she has submitted her notice of resignation dated..........with effective date of resignation..........in concurrence to clause no....of appointment letter dated....issued to her and the notice pay if any may be adjusted in her FNF and amount payable if any by her may be informed along with the original copy of FNF statement so that she can make arrangements to tender the amount by a/c payee cheque to the company. She can request the good offices that she has served the company with absolute dedication for 4 long years and under unavoidable circumstances beyond her control she is constrained to resign and good offices may arrange and ensure so that she is granted a smooth exit with completion of exit formalities and is relieved within the effective date of resignation and is supplied the acknowledgment of her notice of resignation immediately thru registered/speed post and acceptance of resignation, settlement of a/c and payments due to be paid to her, form 16,work experience certificate, relieving letter, PF accumulation reports, PF withdrawal/transfer forms, NOC/NDC etc, within 2 days after the effective date of resignation by redg/speed post( or the ambit of law of land and rule/policies of the company concurrent to the concurrent law of the land if this is deemed fit by you, elders in the family, competent and experienced well wishers, lawyer/law firm). Kindly ask in this letter to whom the company property should be submitted and the designated official may kindly be advised to issue proper acknowledgment on the spot confirming receipt of company property and handing over the charge. Lady may mention that she is willing to cooperate to train her replacement up to and within the effective date of resignation, and she may please be informed in writing the details of her replacement. She may be assigned work or task which can be attended by her up to closing hours of her effective date of resignation.
Company can sit on relieving letter and post good/adverse comments in the Conduct column in relieving letter or can issue conduct certificate with good/adverse comments.
If there is no evidence against the employee, the employee can charge the company and demand to print a retraction. If the company declares the employee absconding then employee can approach o/o labor commissioner and let the company face the consequences.
It shall be appropriate to obtain good comments on work done by her, tasks completed by her, her professional ability, clean and good service till date, and her conduct from her reporting authority/HR by a latest communication by email or letter. Copy of all appraisals till date and all relevant communications should be kept safe for future.
Lady can seek an appointment with her reporting authority, and good offices and make her position clear and may submit the minutes in writing.
You should take care that no blunder is committed and no room is left for the company to level any kind of charges on conduct or loss caused to company. Employee should use rapport, goodwill, persuasion, persistence, reasoning, negotiation, flexibility; convincing skills to build the record in his/her favor and obtain the favorable results from concerned personnel of the company. Employee should obtain copy of employee rule book, standing orders of the company soft copy of which may be available at the HR page of the intranet or hard copy can be demanded form HR in writing. Employee should remain cool, amiable, and gentle in his/her written or verbal transactions and avoid to land up in altercations, disputes, litigations.
If nothing works lady may lodge a complaint with o/o labor commissioner.
The situation in today’s business environment is such that attrition is a teething problem and recruitment and retention is difficult and employer wants to deter any one to defy notice period and in some instances posted at LCI employers have demanded that the relieving date shall be decided by the company as per business needs even if it exceeds the notice period. The ill informed, hapless innocent employee suffers.
It is time to be aware and vigilant about rights, processes, rules etc and act smart.