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Resignation letter not being accepted

vfx_buddy Started The Discussion:

Hi All,
First of all I have newly joined in this forum. I searched entire internet for help regarding HR related issues. I guess this is the right forum and I require Seniors guidance in this forum.

I joined an MNC BPO 11 months ago and did well in the job. It's a voice process for US client (credit cards). One mistake what I have done was submitted the profile (as told buy our managers and team leads) when the customer hung up (actually he was busy). The client raised an issue for this and I was taken off calls. They issued me a warning letter and tried to put me in some other process. The HR team said that they tried their level best to support me by not getting dismissed (where the audit is done by a specific panel and they are tough).

I overheard about some other employees where they have done even major mistakes but they were also given warning and have put them other processes and not dismissed. I am not sure how far they are speaking truth in my case as they where telling me that, I was about to get dismissed.

In anycase when I discussed this with my parents, they told me to resign from this organization. I have put down my papers for resignation (due to personal reasons) and they started to say that

- you cannot resign
- we can re-open the case and terminate you

They say that we have saved you because you were dedicated to work, behaved good with others, every time I was positive.

I would like to confirm this - legally speaking once the case is closed they cannot re-open again and terminate an employee as this is not accepted on legal terms in India. (Is this true?)

Now that I have put down my papers for resignation after 30 days I will stand relieved (according to the legal terms in India). However they are not willing to provide me accepted resignation letter.

I approached another company and cleared interview and got an offer. They also told me that if I am not getting my relieving letter, bring salary slips and appointment letter for joining.

If I join in this way, does the present company can create any problem for me?

I know that they are trying their level best to stop me as I am a good performer at work. But when an employee says that he cannot work any more, can the organization pressurize me to work with them like this?

If the employer legally justified if he/she tries to foist false cases and implicate the candidate to restrain him/her from leaving the organization that too after the candidate submits the resignation letter.

Is the employer legally justified to re-open a case which was closed with a mutually agreed and documented warning, after the candidate submits the resignation from the organization to restrict him/her from leaving the organization or to spoil the chances of the candidate to join the services of a MNC of good standing.

I have seen many good guidance answers in this forum, so please guide me in a correct way as this is my first step in career.


Regards,

nishikant - Contributing Member
Hello friend,

This is a case of harrassment by the company. In case you have got an offer from the other company and told them about the whole case let the previous copmany terminate you. Please keep the company you are joining informed of the possibility of a termination letter in place a normal relieveing letter.

It is sad that with all publicity that best HR practices are followed we find that at times the comapnies behave like monsters.

This is a democratic country you have all the right and freedom to work where you wish to - nobody can harm you by such threats.

If the new company has agreed join them without a relieveing letter.

Regards
Nishikant

tsivasankaran - Contributing Member
Dear friend

I liked your post. I felt genuineness in your question.

Answer these questions.

1. Where are you?
2. Is the new job again in Call centre?
3. What is your qualification

Ideally to give an advice we also need to know the organisations name But i wont insist as it will become public.


Siva

p564221 - 
Friend,

You have to be very watchful here. Your parent company is on the edge of Emotional Blackmailing.

Following are the things you can do to stay legally correct and maintain self-esteem.

1. Give the parent company last chance to understand you.
2. If things still don't work, backup yourself with another job(as you have done already). Most important thing here is that you tell your new employer well in advance of the situation and ensure you both agree on terms.
3. I assume you have following from your parent company:

3.1 - Original Offer Letter - duly signed
3.2 - Signed/Stamped Salary Slips
3.3 - Any Salary Increment Letter, if applicable
3.4 - Any Promotion Letter, if applicable
3.5 - Any appriciation letter(s)
3.5 - Email copy of your resignation letter
3.6 - Form 16/IT Returns, if applicable

4. You must have atleast 3 documents from the above list to prove your employement in future
5. Since the parent company is not giving resignation acceptance letter, relieving letter or experince are out of sight
6. Once you are done, send your resignation over Physical Mail(via Post Office) - I think it is called "registered AD post" and keep the proof with you for future.

Your honesty, registered AD post, along with 3 documents as discussed in point 4 will make your background verification legitimate with any 3rd party company. However, don't make AD a practice. In your employment histroy has more than one AD, it will create greater changes of offer rejection ahead. I hope you got what I am trying to say.

Regards
Yash

p564221 - 
Friend,

You have to be very watchful here. Your parent company is on the edge of Emotional Blackmailing.

Following are the things you can do to stay legally correct and maintain self-esteem.

1. Give the parent company last chance to understand you.
2. If things still don't work, backup yourself with another job(as you have done already). Most important thing here is that you tell your new employer well in advance of the situation and ensure you both agree on terms.
3. I assume you have following from your parent company:

3.1 - Original Offer Letter - duly signed
3.2 - Signed/Stamped Salary Slips
3.3 - Any Salary Increment Letter, if applicable
3.4 - Any Promotion Letter, if applicable
3.5 - Any appriciation letter(s)
3.5 - Email copy of your resignation letter
3.6 - Form 16/IT Returns, if applicable

4. You must have atleast 3 documents from the above list to prove your employement in future
5. Since the parent company is not giving resignation acceptance letter, relieving letter or experince are out of sight
6. Once you are done, send your resignation over Physical Mail(via Post Office) - I think it is called "registered AD post" and keep the proof with you for future.

Your honesty, registered AD post, along with 3 documents as discussed in point 4 will make your background verification legitimate with any 3rd party company. However, don't make AD a practice. In your employment histroy has more than one AD, it will create greater changes of offer rejection ahead. I hope you got what I am trying to say.

Regards
Yash

vfx_buddy - 
Dear Nishikant, Yash and Siva,
Thank you very much for the information provided.

Quote:
Dear friend

I liked your post. I felt genuineness in your question.

Answer these questions.

1. Where are you?
2. Is the new job again in Call centre?
3. What is your qualification

Ideally to give an advice we also need to know the organisations name But i wont insist as it will become public.
1A. I am located in Hyderabad.
2A. Most probably it will be in call centre only.
3A. My qualification is BCA and I have also done Technical courses in Computers.

Dear Yash
I have already these documents with me for proof.
3.1 - Original Offer Letter - duly signed
3.2 - Signed/Stamped Salary Slips (They are not signed but they can be taken only from Intranet network through centralized HR)
3.5 - Email copy of your resignation letter (I have a typed letter -copy where it has my manager's signature on it)

Apart from these, I am also trying to explain the situation to new company which I may join. When I talked to them over the phone and explained about what really I use to do in our present organization (Ex- Back up SME, Rostering for cab pick and drops in our dept. for the entire team, preparing reports - presentations, quality monitoring reports). They were happy and I felt like they were not that much particular for relieving letter. Infact they also told me while giving me the offer letter that -
incase if your present company is not providing the relieving letter - please bring last 2 salary slips, original appointment letter.

So on the whole I have enough backup with me for proof. I will talk to this new company to explain completely in a few days.

If there is anything else that I can do, please guide me.

and by the way Yash..... you have given me the complete picture for recuperating my confidence and mental stability. Thank you very much.
:)

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