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swabhiman patra (Engineer)     18 January 2017

Not getting relieved by my employer after notice period

Hi,

I am working in service based company and I have put my resignation and serving my notice period. I am repeatedly asking them about regarding my releving date but did not replied and before last 15 days they informed that customer manager will not relieve me until completion of the project , so they will ot relieve me.

They are telling I have signed some aggrement for that, but as per my knowledge all aggrement should me between my company and the customer company. In my emploment letter , notice period is mentined as 60 days and no other clause are mentioned.

All the communation are in email are with me. I want to leave the company after my notice period. Can they force me to stay there and How can I get releving letter from them.

Please help me.

 

thanks.



Learning

 11 Replies

Kumar Doab (FIN)     18 January 2017

What was the notice period tendered by you?

Do you have copy, proof of dispatch and delivery,acknowledgment from company?

Did you mention notice period,LWD in notice of resigantion tendered by you?

If employee has initiated separation by notice of resigantion then employee shall choose the LWD.

So why are you asking relieving date from company?

Who is this customer manager?

Has the company communicated to you about this Non Existent Agreement that as per your post you have never signed, and that customer manager shall n ot relieve you, and that you have to complete the project?

 

swabhiman patra (Engineer)     18 January 2017

Hi Kumar,

My notice period is 60 days which was mentioned in my offer letter. In my last increment letter it was mentioned all my employment term will be unchanged.

When I put resignation I have mentioned the date of resignation and date of completing my resignation. But they did not acknowledge receipt of that on email , instead they called me to tell to stay and I have told them that I will be leaving.

I work as contractor in a other company which is customer of my parent company. When I put resignation in parent company they did not inform the customer comopany regarding my resignation and inform them after 1 month , so they are telling they will not relieve me.

I have the offer letter from my parent company which mentioned I have to give them notice of 60 days.

What is LWD.

They have not commnicated anyting in mail but when I started working in customer location there I have signed some NDA , but I thought these agreement are between my company and customer company and I as signing these as employee of my parent company not as an indivisual contractor. If am resigning fom my parent company do I need to oblige that contract. My manager sent me mail saying that They will be not able to relieve me as customer is not ready to relieve me.I have replied back as I will not be able to work after my notice period is over. they did not replied back.

Can they for me to stay beyond my notice period. What should I do.

Regards,

Swabhiman

 

Kumar Doab (FIN)     18 January 2017

LWD is Last working Day.

Probably from NDA you mean; Non Discloser Agreement. Do you have a copy? What is stated in it?

You have posted that: “I work as contractor in a other company which is customer of my parent company.” 

 

Pls clarify you are employee of the company or contractor?

The offer letter signed by you was ‘Contract of service’ or ‘Contract for service’?

Has the company issued any appointment letter to you?

You could have replied that the company informed its client/customer where you were deputed; after delay of 30days and you are not responsible for the delay.

You may also clarify; are you liable to inform client also n case of resignation and/or mark a copy to client?

swabhiman patra (Engineer)     18 January 2017

I am employee of a service based company, they send their engineer to other company to work on their project as contractor. In these scenario Should I will be liable to the customer company.

I dont have a copy of  NDA and I remember that all those are related to non disclosure agrrement , IT rules and behaviour and s*xual harassemt rules . One thing I am not able remember if there were any notice period thing mentioned or not. If incase the notice period is mentioned in the contract should I have to obey that as I am not employee of that company and I am signing behalf of the parent company.

I have the appointment letter issue by my parent company which clearly states that I have to serve 60 days notice period incase of resignation. My manager told me not to inform the customer manager and he will infom them. But he told me orally not in mail. In my resignation , I have mentioned to inform the customer manager.

swabhiman patra (Engineer)     18 January 2017

In these scenario what should I do, If after discussion they are not giving me reliving letter after my last working day, what legal measure I can take. How much time usually these proces takes.

 

Kumar Doab (FIN)     18 January 2017

The information is coming from you in pieces.

Relieving letter signifies that employee has resigned and nothing is due.

 

What is stated in termination/resignation/exit clause in appointment letter?

You may start building irrefutable written record and dispatch by letter thru Redg. Post or atleast from personal emailid.

 

Who signed this NDA on behalf of your employer/company? Was it you alone? Was it typed on letterhead of your employer/company? Are you authorized to have letterheads and sign any agreement on behalf of your company?

Don’t you have copy of this NDA?

Is your manager the employer/appointing authority/MD/owner?

In what capacity he has declined to relieve and does he have declinature of customer/client?

Can’t you have a copy of written, declinature of customer/client from customer/client?

If customer/client is not your employer then how can it decline to relieve you?

It can at the most ask to provide replacement.

What is this establishment; Commercial, Industrial?

What is its line of business?

The Redg. Office, HO/Corporate office, your office/reporting office is located in which state?

What is your designation and nature of duties?

How many persons were reported to you?

Did you have any power to sanction (not just to recommend) leave/increment/appoint/terminate?

For how many months you have worked?

How many persons are employed in it?

 

 

 

 

 

 

 

 

 

 

swabhiman patra (Engineer)     18 January 2017

Thanks for being patient with me.

All youe questions are answered one by one.

  1. In appointment letter it is mentioned that I can resign from my post by giving 60 days notice. No other condition mentioned there.
  2. All the communication done from my office email ID and I had sent acopy to my personal email id by adding it to BCC.
  3. I have signed NDA at customer location on the date of reporting to customer location but I remember I have signed as employee of my parent company and its name was mentioned there along with mine.
  4. They have not provided me a copy of NDA but I will ask for a copy of the same.
  5. I have one reporting manager whom was mentioned in my appointment letter. But the manager who emailed me saying he will be not able to relieve me as customer manager is not relieving me was in chrage of all customer related project. The project that  I am working on was assigned by him and He interact with the customer manager.
  6. In email he has mentioned that as the customer manager is not relieving you ,so we cannot relieve you.
  7.  I donot have anyting written regarding declinature from customer manager ,but I will ask for it .
  8.  I am not directly taking to customer manager regarding relieve from work, it is coming from my manager of my parent company.
  9. The company s PVT company and they work in semiconductor service sector .
  10. The regd office is in Hydrabad and my office present in bangalore , Karnatak
  11. I am Verification engineer here and nobody report to me and I have not any power that you have mentioned
  12. I have worked for 1 year 5 months in this company
  13. Toatl number of employee will be less than 100

 

Regards,

Swabhiman

Kumar Doab (FIN)     18 January 2017

You may write to employer and mention that:

 

--- on dated………………..you have submitted notice of resignation……………with notice period of ………………days…………..LWD dated…………………and mentioned that all concerned may be informed and that Mr/Ms……………designation………………name of company……………..address………………on dated……………in person/by phone call……………….stated that he/she will process notice of resignation and inform all concerned i.e……………

 

--NO tasks are pending at your end ( obtain proof) from date of notice of resignation and as on date………………..and routine duties be assigned that can be completed on day to day basis within and upto LWD……….

 

--To whom you should handover the charge/assets within and upto LWD……….(under proper acknowledgment on the spot).

 

--As already clarified on dated………….to Mr/Ms…………..that yourt notice period as in appointment letter is …………days and notice period tendered by you is ………………….days and your LWD is …………………..and you cannot extend notice period, beyond………………days and LWD beyond dated………….

--the employer may arrange to complete al; exit formalities if any, within upto LWD………………and supply the acceptance of notice of resignation, final resignation, correct FnF statement (showing computation of earned wages/leave encashment/bonus/OT/etc ),payment of FnF payouts by bank DD, Form16 as per , correct FnF statement, Service certificate, relieving letter (with good comments/without adverse comments/avoid NO comments on conduct and performance), salary slip of all months, PF a/c slips, ESIC card, NOC/NDC within close of office hours on LWD……………………

 

--that you have always worked with sincerity and your work has been appreciated (collect all appreciations/awards/rewards/performance data) (and never any stinker/show cause notice was issued to you.)

 

--you have already firmed up your next venture.

Inform the customer also and obtain appreciations, NOC etc and that it has not declined to relieve you.

 

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swabhiman patra (Engineer)     18 January 2017

After writing this, if they still do not relieve me. What should I do?

Obtaining NOC from customer is difficult as he is friend of manager and acting as my manager is saying. So iam not expecting they will provide me NOC.

Kumar Doab (FIN)     18 January 2017

Regret cannot comment on friendship of ‘Customer’ and ‘Manager’.

If he is true friend he can arrange a replacement or work himself.

Otherwise also charge is unusually handed over to manager/HOD/replacement.

If you can you may provide a replacement.

 

The documents mentioned above in previous post can suffice as good as ‘Reliving Letter’.

Kumar Doab (FIN)     18 January 2017

You have still not clarified the establishment is: Commercial, Industrial (Factory)?

The employer has an office in Bangalore/Karnataka or not?

Is it some IT/ITeS company?

If it has an office in Bangalore/Karnataka;

Karnataka Shops & Estbs Act; 39 (5)(7)

Lays down notice period for employer.

By equitable discretion if employer claims same for employee then employee can claim the notice period drafted by employer is beneficial for employer and not employee.

In any case since you have tendered 60dasys notice as drafted by employer and since Manager has delayed the information to customer, you are not liable.

Otherwise also, you are liable to employer for notice of resignation and not customer.

 

State of Karnataka has provided exemption from standing orders to IT/ItEs companies and has advised/notified to have ‘Grievance Redresaal committee’

 

You can approach senior officials in Dept. of Labor.

You may be covered by def. of ‘Workman’ as in ID Act. This Act does not lay down notice period for employer. Not employee.

 

You may take your next employer in confidence ( in writing) to absorb you on the strength of copy of notice of  resignation, final resignation and proof of its dispatch, alone as other document can only be supplied by employer if and only if employer supplies to employee.

 

 Submit repeated reminders to manager, appointing authortiy (that has signed appointment letter, MD) and final resignation on LWD under proper acknowledgment.

Are you a member of employee's/trade unions?

 

 

 

 

 

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