Such matters are best resolved while in service by applying goodwill, rapport, and exceptional levels of negotiation, reasoning, persuasion, persistence skills.
Stress is state of mind and the situation expressed by you is normal and happens with almost all employees.
You are being subjected to a drill and you need to learn to handle it successfully.
Dealing with employer has become a game of chess and it is better to learn it and become master of the game.
Remain amiable, cool, composed and do not break channels of communication.
Employee should build favorable written record, keep copies in personal file at home and be ready for s situation if the company/line management/HR and for that matter good offices become adamant and recalcitrant.
Your post narrates the pitiful condition your DM {and even line management/HR/good offices} is into as they do not have any succession plan into place and that he won’t mind stepping on your toes to save his skin/job or he is acting as per predefined strategy and has become executioner. Most probably he and later everyone shall be reading from the scriptt.
If possible suggest the replacement form within the company or other candidates who can fill for you, and thus help your employer, and separate with peaceful acceptance of resignation/reliving letter/FNF settlement/good reference check.
You can overcome this difficulty as well however you need to act SMART, and avoid acting in haste and falling in the traps. Do not leave any room for your company to charge you on any count.
You have posted that:
--“Hence I put my paper via the Resignation portal immediately in the internal site and giving them the 2 months notice period as per company po.”
You have acted in accordance with the internal process of the company and in line with contract of employment.
You have not caused abrupt termination hence you have displayed character.
It is suggested that you may take printout/screenshot of the details filled in Resignation Portal along with proof of its submission and receipt/seen and received and keep it in your file. If it is not permissible as per internal policies of the company then you may have to find your ways and means.
From various threads initiated at LCI also it can be concluded that the line management and HR has the option to write comments, make amendments in the web forms at resignation portal.
You should submit a notice of resignation by letter bearing signature by hand {narrate the details filled by you in resignation portal with date} thru redg. post under proper acknowledgment and mention concerned clause number……..in appointment letter dated……issued to you, your notice period notified by you , effective date of resignation/last day in office.
--“ My DM called me and discussed & requested for the reason, I told I have critical personal issue and also got a very good opportunity to go my home town.
After hearing this, he said he will not release me from the project, and also without me he cannot run the project (not in a request tone, very hard tone as well) (it made me too depressed state) and also he stated that you can do whatever you want and I will not release you, will give you the WFH option for 6 months or 1 year, where I can work from Chennai. “
Employee should record {audio/visual. Mobile comes handy} the incidences of threat/coercion/intimidation and keep a witness/evidence for use at appropriate time in appropriate forum.
Your DM might have entered in note pad that you are joining another company and might have not updated that your have critical personal issues.
You may cover everything in your notice of resignation by letter.
Subsequent to your notice of resignation by letter you may submit a gentle representation by letter thru redg. post addressed to good offices of your appointing authority, MD, Chairman, Company Secretary and narrate the rude conduct, and threat of your DM that he shall not relieve you and coerced you to whatever you may do. You may mention that DM has stated that he can not run his projects without you and does not have any replacement. You may seek the intervention of good offices to provide relief and ensure smooth completion of exit formalities so that you are relived on ………your last day in office and acceptance of your resignation, work experience/service certificate, reliving letter, correct FNF statement, Payment of FNF dues by bank DD, Form 16 as per correct FNF statement, PF number/account slips of entire period of service/attested copies of PF withdrawal-transfer forms{ you need to submit as per your choice. However submit under acknowledgment.} for submission by you/yourself to concerned PF office, NOC/NDC, etc…are supplied to you by the close of office hours on your last day in office.
You may request to supply you the acknowledgment of your notice of resignation by letter and notice resignation as per resignation tool and comments if any filled by your DM/HR or any other one. You may also request to allow you to examine your personnel file being maintained by company at its HO.
You may also mention that good offices should inform you in writing by letter that to whom you should submit company property {if any}and handover charge and concerned personnel may be informed with a copy to receiver charge from you and issue proper acknowledgment on the spot. You may mention that routine duties may be assigned to you on day to day basis which can be completed within and up to your last day in office and you are willing to co operate to train your replacement if any within and up to your last day in office. Normally the charge is handed over to HOD until or unless other official is designated by the competent authority in the company.
You may also mention that due to your critical personal issues you are making the arrangements to shift from Bangalore to Chennai on the date of……{ say next day of your last day in office} and your address for communication if any shall be permanent address already in company records…….{ any address as suitable to you which can be c/o your lawyer as well if the need be}.
You may also mention that your DM asked you verbally in office on dated…….for sending an email for reason of resignation and you have sent the same copy of which is enclosed, and that you have provided all details of your future plans to your DM { if you wish you may narrate it}.
You may finally mention that you cannot take up the offer of WFO {Work from Home…} and hence you should be gracefully received from employment.
As you are completing 5 years you may request the company to include payment of gratuity in FNF statement and ensure its payment on your last day in office.
You may also submit FormI {enclosed. You may however obtain latest version from HR or market or labor office. It can be submitted 1 month in advance of date of retirement.}
As you have initiated the process of termination of agreement {it has not ended at the moment} you shall give date of separation/termination/resignation and hence retirement.
Company can not pre pone it or even postpone it. { Attached The judgment of Supreme Court of India in case of “Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998 the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date.”}
Company may request you to stay for ….days however it has to have your concurrence which if you are willing you may give however after submitting carefully structured representation.
However you are not willing as per your post.
The state of Karnataka has ended the blanket exemption from IESO Act granted to IT companies and within 6 months all companies should framed their standing orders for certification by certifying officer. The standing orders of the company should be displayed on the notice board. Employer should provide a copy to employee against nominal charges say Rs.10/. You can ask for the copy from good offices against payment and ask them to inform you the amount in writing. Let them state company does not have certified standing orders. If certified standing orders are not available model standing orders shall apply {attached}. You can obtain the latest version from Dept. Of Labor Website of Karnataka or buy from market.
You may show your appointment letter, HR policy/exit policy/severance policy, and employee rule book etc, standing orders to a competent and experienced labor consultant/service lawyer at your location, and give inputs in person. You may choose a lawyer who takes up cases of employees and is not on the panel of your company.
Your lawyer may opine that you fall within the category of a workman and may recommend the appropriate forum if the need be.
The good offices as per labor laws may forward to work committee/grievance redressal committee or resolve on their own. {as per ID Act}.
The company may grant you relief as per your representation to good offices or may yield to legal notice by your lawyer or you may have to agitate in appropriate forum.
The notice period in Standing orders shall supersede notice period in appointment letter.
IT companies are covered under SE Act of the state. {SE act Karnataka is attached}
There are unions for IT companies. If you feel the need you can get in touch with them. However avoid your contacts with them being open to company as much as possible.
You may also evaluate the option of WFO if the details are provided to in writing as the office order transferring you to Chennai may enable you for relocation expenses and allowance, and you shall be at your native place and in case of any dispute later you can agitate from Chennai. However show the details of Terms and Conditions before hand and in time to your lawyer.
