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hariprasad (sa)     21 September 2012

Resignation upon contract expiry

I am Hariprasad, I am working in a leading airline since four years. I had a contract of 3 years and it got expired since one year it was not got renued. but now i am resigning from the job with 15 days notice.

At this time my HR is forcing me to sign the contract on past date and forcing me to pay for remaining 15 days as per that contract. for getting my releaving letter and experience letter.

Kindly help me



Learning

 3 Replies

Kumar Doab (FIN)     21 September 2012

HR can not and should not coerce or force you to sign  a document whiohc is back dated by an year.

It is your discretion you want to oblige or agitate.

HR and good offices may wave of the notice period/pay if they also want to oblige you. However since it has become a tactical approach you may first obtain a written communication suitable to you.

As the constract has expired so have the terms and conditions including notice period and notice pay.

HR is adopting such tactics to save his/her skin or all concerned ones in HR.

You may address your notice of resignation to good offices and supply it to good offices of your appointing authority, MD, Company Secretary.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not. Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you may be violation of standing orders of the company.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

As per Industrial Employment standing orders Act the wages should be paid and service certificate issued by last day in office or within 2 days.

You may seek the counsel of a competent and experienced labor consultant/service lawyer, show all docs and give inputs in person.

1 Like

hariprasad (sa)     21 September 2012

is there any way that the hr can take revange on me if i dont sign the agreement,

Kumar Doab (FIN)     22 September 2012

Such practices are not good HR practices.

The practice of HR is bad and should be condemned by one and all including good offices of the company, trade unions, Labor Commissioner. If no voice is raised you and other fellow employees, citizens shall continue to suffer at the hands of such HR personnel, and unscrupulous employers. It is true that line management, HR personnel are becoming adamant and  recalcitrant to the extent that is unacceptable, intolerable, unpardonable and such personnel are not fit to be left to loose around in civilized society.

Employee should apply skillful approach in such situations than becoming fearful and perturbed. Employee should approach grievance Redressal cell, higher management, of the company, cite the vindictive conduct of its HR and trade union too, and obtain the resolution that is just and suitable.

A fearful and subdued employee is like a sitting duck and shall be exploited by everyone in the company.

Employee should record such transactions {audio/visual} for use at appropriate time in appropriate forum. Recroded evidence shall come to the rescue of the employee. Employee should keep witness ready for use at appropriate time in appropriate forum. If there are employees in similar position like you all of you be witness to each other.

A trade union must be approached to raise the issue.

The easiest way out for the company shall be to relieve you honorably without enforcing notice period and pay, and by providing all due wages, docs and issue an internal punishment to these HR personnel and their masters who have issued such orders, and restrain HR from issuing any bad reference check/comments in future and thus becoming vindictive. Company shall save itself from exposure, bad image and possible reprimand and penalty/punishment from labor authorities, courts of law.

The other possibility is that company shall deny unlawful conduct of its HR and thus try to put the onus on you. However company shall find it difficult to enforce the conditions of expired contract e.g. notice period and pay.

You have posted that:

--“At this time my HR is forcing me to sign the contract on past date and forcing me to pay for remaining 15 days as per that contract. for getting my releaving letter and experience letter.”

The action of HR can be termed as illegal, unlawful, coercion, threat…………

It is a bad practice.

Why doesn’t HR or for that matter appointing authority issues a renewal of contract in current date retrospective from back date of 1 year and requests you to sign it?

Here appointing authority also becomes party to the whole exercise.

Who has issued instructions to force you to sign 1 year back dated document and issue threat that if you don’t sign you may forget about your relieving letter and experience letter.

You are not refusing to issue notice of resignation and in fact have submitted notice of resignation of 15 days without a valid contract being in force.

It is felt that you may be a workman and you shall be able to invoke the clauses of ID Act and various enactments mentioned in previous post.

You can approach a trade union and o/o Labor Commissioner.

--“ is there any way that the hr can take revange on me if i dont sign the agreement,”

HR has attempted to subdue you by dangling relieving letter and experience letter.

You can submit a gentle representation to good offices of your appointing authority, MD, Company Secretary, and may raise the issue of a 1 year back dated agreement being pushed in front of you, being coerced, forced and threatened to sign it on the spot and not being allowed to go thru it carefully and having consultation on it , take it and submit it later within reasonable time and you can mention the threat issued to you that you shall suffer as no experience letter/relieving letter shall be issued if you don’t sign on the spot then and there.

You are within your rights to demand and get service certificate, relieving letter.

Good offices are expected to provide relief to you and act in accordance with law.

If they don’t you have the right to approach a lawful authority and agitate.

It is your discretion that you want to oblige the company or agitate.

A simple complaint to good offices of the company, o/o Labor Commissioner, demand notice may resolve the matter in your favor.

You may seek the counsel of a competent and experienced labor consultant/service lawyer, show all docs and give inputs in person, and proceed under expert advice and as deemed fit at your end.


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