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Sandeep Chobey   14 July 2021

Ericsson is not releasing me and forcing to serve 20 more da

I had resigned my Company (Ericsson) on 25th June for last working day of 5th Aug and my line manager was agreed for the same.

 

But now, he has taken his word back and forcing me to service 20 more days. 

 

Now problem is that i already committed to next employer to join accordingly and serving 20 days means i will loss that opportunity.

 

I don't want to los great opportunity and i also not aware the way forward path.

 

in my 13 years of career, I never had such situation even I have resigned because of my reporting manager harassment and multiple warning letters within 3 month of short tenure. 

I am continously taking followup with HR and line manager  for last working day but still not getting positive response. 

Now I have only 3 week left and seriously seems In trouble. 

Waiting for positive response for healthy way forward. 

 

Regards,

Sandeep



Learning

 14 Replies

Dr J C Vashista (Advocate)     14 July 2021

You will have to serve / refund amount of the notice period as per terms and conditions of your appointment with the company (where you resigned i.e., Ericsson )

Sandeep Chobey   14 July 2021

Your Absolutely right Vashista Sir,

Offer/Appointment letter stats the same thing and i ready to pay LIU. 

but ground reality is different, they are not willing to release me after LIU that why i found myself in trouble. 

 

regards,

Sandeep

 

G.L.N. Prasad (Retired employee.)     14 July 2021

In general, a notice period of 90 days from the date of the resignation letter is the rule.  As per rules 24th, Sept 2021 must be your last working day.  Oral assurances are of no avail as it depends on circumstances depending on the nature of duties and completion of a project, finding alternate during this Covid.  You have to either convince the present or new employer..  You may propose to deduct those days of salary if HR agrees and if there is no other alternative.  It is left to your discretion..  Either LIU or working are the possibilities but not relieving after LIU is mischief and harassment. If there is either a notice period or remitting salary for the balance period of notice is a rule, the employer is deliberately troubling you.  If there is a written order accepting the resignation, accepting salary in lieu of notice period, stating a specific date of relieving, you are safe in not reporting to the present employer from that date.

Advocate Ankur Goel (Lawyer)     15 July 2021

-  The manager confirmed over email or only oral ?

-  You resigned in system and last working day was confirmed in that ?

-  If both answers negative without proof then Ericsson can force you to work full notice period. 

-  For buying notice period, it depends on offer letter, usually its at discretion.

- If no option left with Ericsson then only option is to ask new employer to delay joining. 

Sandeep Chobey   15 July 2021

Thanks for quick revert experts, i really appreciate. 

@ Ankur Goel ji, yes both points were negative it was verbal confirmation only,  later taken back thats why disputed and i am here.

as per last discussion along with HR and manager they agreed with 25th Aug(20 days more) and now  i am checking with my next employer, let see.

hopping for positive. 

but employee should have right to left any organization any time, how they can hold some one, in case of project delay or other issue employer firing the people within one day of notice. 

Government should have to look into it.

anyways, these are wishes and suppose to be.

 

Regards,

Sandeep

 

G.L.N. Prasad (Retired employee.)     15 July 2021

That is your version as an employee.  The version of the employer is that when an employee suddenly resigns and wants to relieve immediately, finding an alternate employee to complete the project within the time frame is most difficult.  Most of the companies, due to escalation in establishment expenses, to cut down the costs, work with minimum staff but any delay in the project earns them a bad reputation and stoppage of such contracts.  This 90 days notice is a rule prevailing for decades, expecting that they can find suitable employees within 90 days.  There was no time frame for such works and new professions, industries came recently, making it absolutely to find a replacement even in 90 days.

Doveson (advocate)     15 July 2021

if your new workplace is willing to accept you without any release letter from erricsson, go ahead. dont bother about erricsson. if they are insisting on a release letter etc, then it will be problematic. mostly employers dont insist if they are getting good personnel. so talk to your new employer. see what they say. 

Advocate Ankur Goel (Lawyer)     17 July 2021

Ericsson Sweden was good company as I worked there.

But being in India, managed by Indians, we can understand. 

 

No company can hold if you had confirmed last date on system or mail.

Sandeep Chobey   18 July 2021

Right Mr. Goyal Ji. 

but here is catch, Last day is decided by manager not employee. employee can write  and request last day on email only. 

till now, not getting confirmation. 

Now just want to understand  one thing. 

is it right to go legal way( My senior/friends are denying, as it is going to impact career)

second thing, if i approach then, how much time it will take.

Doveson (advocate)     19 July 2021

if your new employer is willing to accept you, join them. the chances of erricsson suing you is remote. even if you do, the chances of their getting a good decree against you is remote if you give a good contest. since you are leaving for better prospects, argue that you were being treated as a bonded labour and were not being allowed to leave in lieu of pay which is the norm. 

Advocate Ankur Goel (Lawyer)     24 July 2021

It is advised not to go legal for this small matter.

P. Venu (Advocate)     15 August 2021

Yes, you can join the new employment if release letter is not a prerequisite.

Kiran Yadav   02 April 2022

Hi Sandeep,

Did you get your relieving letter and experience certificate from Ericsson?

Thanks

Kiran Yadav 

Sandeep Chobey   02 April 2022

Thanks for geniue guidance team members. 

I got released and joined new company with negotiations of 2 weeks from both the parties. 

 

However that particular time was very tuff, as lots of things were rotating in mind.

But technically,  HR should be strong and reason of such situation is result week HR hold and strong Manager hold.

 

Once again, I really appreciate all of team members for there quick response and support .

Thank you 😊 

 

 


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