Issue with the employer

Did they inform in writing?

Did you record the information (audio/visual/minuted/witnessed)?

What is the reason quoted to them by their HO and by them to you?

Were you asked to resign while making the offer and/or to handover the copy of resignation on day of joining?

What loss you have suffered due to purported cancellation of offer?

Are you a member of any employee’s/trade unions?

I am currently working in a BPO as a Team Leader operations. I got a better opportunity recently in another company with good pay package & I sent my resignation mail to my reporting manager on 17th July 2015 (effective from the same day). As per rules of our company either I have to serve notice period of 60 days or I have to buy out my notice period if I am not able to serve notice period. My new company is not giving me the time of 60 days & gave time of 30 days. So in the same resignation mail I applied for serving 30 days of notice period & 30 days buy out. This rule is also mentioned in my offer letter but when I spoke with the HR people they told me that buying out can only be possible if my Operation head gives approval but this rule is not mentioned anywhere in my offer letter. When I spoke with my Operation head, he also told me the same & he told me that he has to take approval from his boss Mr and after discussion he clearly told me that buying out notice period is not possible and it is not allowed. This is harassment for an employee who is serving the organization for almost 2 years by obeying organization’s rules and regulations but organization is not following its own rules and regulations and the higher management had made their own rules without any documentation just to harass their employee and snatching the better opportunities of its employees. 

Please help me how can I lodge complaint against my Organization to get my right.

@ Padmanabha,

>>> You should provide full information, pointwise!

What is this establishment registered as: Commercial, Industrial?  { Otherwise BPO/Call Centres are covered by Shops and Estbs Act. }

What is its line of business: Call Centre, IT,ITeS, banking etc?

How many maximum persons are employed in it at any point of time, before and after you joined?

The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have power (not just to recommend) leave/increment/appoint/terminate? Can anyone above you, cancel the recommendation/approval/sanction granted by you?

Is your service confirmed in writing?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter and/or were these given to you before/alongwith/after signing appointment letter? Is it stated in appointment letter that service conditions shall be governed by say HR policy and HR policy shall be kept at say……………….employee portal/website? Is the HR policy updated and notice period buy out is withdrawn? Can employer (unlike) terminate without issuing full notice period and tender notice pay in lieu of notice period?

What was your monthly salary?

Was any salary slip of each month, PF number with a/c slips, ESIC card, Form16 given to you?

Did you sign the acceptance of revised appointment letter?

What was the probation period inserted in appointment letter and revised appointment letter?

Was your service confirmed in writing?

Is it stated in both appointment letters that if notice period is not tendered by employer/employee the notice pay shall have to be tendered by both employer/employee?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Does the FnF show the earned wages, OT, Bonus, leave encashment, reimbursements also?

Have you signed the acceptance of FnF statement?

Has the service certificate, relieving letter, form16, acknowledgment of notice of resignation, acceptance of resignation been supplied to you?

Are you male or female?

Are you a member of any employee’s/Trade Unions?

>>> You are committing a blunder that majority of the ill informed, unorganised, non united employees make if you have not negotiated properly with your future employer.

Did you mention in job application that notice period is 60 days and joining time required is 60 days and did you keep the copy? You should have kept copies and submitted under proper acknowledgment.

Did you inform in writing to next employer that current employer is unwilling to accept notice period of 30 days and notice pay in lieu of notice period and may not supply acceptance of resignation, servcice certificate,relieving letter and may even tender negative feedback in BGV and may even declare you absconding and you can not supply acceptance of resignation, servcice certificate,relieving letter till it si supplied to you and you should be absorbed on the strength of copy of resignation only?

Did you ask the enxt employer to buy out your notice period and pay it on day 1 without any preconditions.