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Mr. Anonymous (Software Engineer)     16 January 2012

Notice period responsibilities

 

Hi,

My employers are asking me to travel abroad even after I have resigned, during my notice period.

I resigned for the same reasons that I do not want to travel.

Am I obliged to travel? Can they give unfavorable comments on my relieving letter?



Learning

 3 Replies

Kumar Doab (FIN)     17 January 2012

It is felt that during the notice period employee on notice is treated like a normal employee and all rules of employment are applicable.

Yes your employer can assign you a duty during notice period and if the scope of assigned work falls beyond the effective date of resignation, employee can remind the employer and ask to limit the scope of work say a week before effective date of resignation so that he can handover the charge, obtain FNF statement and settlement of his dues, by  his last day in office.

Have you expressed any matching reason in your notice of resignation?

You can express in a gentle manner that you are unable to travel abroad due to............................( reasons as deemed fit).

This is the time to cement the rapport built during tenure of employment and build record in favor. It is certainly not a period to spoil the rapport and cause a blot on the career.

Do not leave any room for the employer to charge you on any count.

If there is no bonafide reason and no meme/notice issued and employer posts an adverse comment in personnel file/relieving letter, by a zealous and vindictive approach, employee can protest and proceed to employer to print a retraction. This however can be time consuming process.

Be smart.

Mr. Anonymous (Software Engineer)     17 January 2012

Thanks for the answer. But I have already explained the nature of my issues and that due to unavoidable personal circumstances I will not be able to travel. But the employer is insistent that I do or I risk getting a legal notice/claiming of visa processing fees and of unfavorable remarks. What can the employer do within his legal limits?

Kumar Doab (FIN)     18 January 2012

Is it mentioned in your appointment letter that you can be posted overseas? Have you expressed in your notice of resignation that due to unavoidable family/personal reasons you can not accept overseas assignment/relocation/deputation etc. hence since company is insisting on relocation to overseas location you are left with no other alternative but to tender notice of resignation of ..............days and effective date of resignation as dated.............

If not, you may update in writing, and build record of verbal representations.

Did you request for grant of Visa, before tendering notice of resignation? If not you may represent in writing that you have not asked for any Visa.

Has the company trained you enabling you to handle some specific overseas assignment? Is there any condition of signing a service agreement/bond if you take up overseas assignment or is there any condition to resign from present company and join some other company overseas? If yes you can quote these and mention these are not conducive to you and you are left with no other option but to separate amicably.

Is the scope of overseas assignment beyond effective date of your resignation? If yes you may gently remind the company that you have already tendered notice of resignation and effective date of resignation is .............therefore you must not be pressed for this overseas assignment.

If there is not misconduct on your part or any inquiry against you then why should there be any adverse comment in your personnel file.

However if some personnel of the company are issuing these threats to you you may submit a gentle representation to the good offices of your appointing authority, MD, Head-HR in writing and mention all points so as to seek relief and build record in your favor.

If the good offices do not grant relief and proceed against you , you shall have some record to defend you legally.

Please remain careful and do not leave any room for company to charge you on any count.

 

 


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