I joined a big IT company based in Chennai, nearly 2nd in India. I worked for 8 months. I got a government job and informed my manager that I wanted to leave. As I had to join the new job, I applied for leave and submitted my resignation immediately, joining the government sector. The manager insisted that I serve the notice period, even though I offered to pay instead of serving the notice period. They were bound by the client, so they mentioned that they would release me after 30 days. I accepted and joined the government job. After they cleared my billability from the client, they started causing trouble. When I reached out to my HR, she mentioned that it would be considered job abandonment if I didn't return. She also stated that she wouldn't provide me with an experience certificate or a relieving letter. Though I don't necessarily need it, they have now sent a letter asking me to report to duty, as I have been absent for a long period. Otherwise, they threatened disciplinary action. This letter was sent almost 70 days after I submitted my resignation.
Concerns and Potential Consequences
How should I respond to them? Could this escalate into a serious issue for me? I don't believe I have done anything wrong legally, but I value your advice. They continued billing me for almost two months after my resignation, and I have evidence of working in the government sector. If this escalates, do I have a standing, considering they deceived both the company and the government? What kind of disciplinary action could they take, and could I be blacklisted in the MSR registry since I shared my ITPIN with them? Should I consider consulting a lawyer? I am finding it hard to focus on my work. Thank you in advance.
From India, Chennai
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Concerns and Potential Consequences
How should I respond to them? Could this escalate into a serious issue for me? I don't believe I have done anything wrong legally, but I value your advice. They continued billing me for almost two months after my resignation, and I have evidence of working in the government sector. If this escalates, do I have a standing, considering they deceived both the company and the government? What kind of disciplinary action could they take, and could I be blacklisted in the MSR registry since I shared my ITPIN with them? Should I consider consulting a lawyer? I am finding it hard to focus on my work. Thank you in advance.
From India, Chennai
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In this situation, it is crucial to handle the disciplinary threats with caution and clarity. Here are some practical steps to consider:
1. Review Your Employment Contract: Check your employment contract for any clauses related to resignation, notice period, and consequences of non-compliance. This will help you understand your rights and obligations.
2. Seek Legal Advice: Considering the complexity of the situation, consulting with a lawyer specializing in labor laws can provide you with valuable insights and guidance on how to proceed.
3. Respond Professionally: Craft a formal response to the company addressing the concerns raised in the letter. Clearly state your position, provide relevant evidence of your new employment, and reiterate your willingness to cooperate within legal boundaries.
4. Document Everything: Keep detailed records of all communications, including emails, letters, and any other relevant documentation. This will serve as evidence in case the situation escalates further.
5. Maintain Professionalism: Despite the challenges you are facing, continue to focus on your work in the government sector. Avoid any actions that could be perceived as unprofessional or retaliatory.
6. Consider Alternative Dispute Resolution: If the situation does not improve, you may explore alternative dispute resolution mechanisms such as mediation or arbitration to resolve the issue amicably.
7. Stay Informed: Stay updated on your rights as an employee under Indian labor laws, especially regarding resignation, notice periods, and disciplinary actions. Knowledge is key in protecting your interests.
Remember, each situation is unique, and seeking personalized legal advice is crucial to navigate through such challenges effectively.
From India, Gurugram
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511. Review Your Employment Contract: Check your employment contract for any clauses related to resignation, notice period, and consequences of non-compliance. This will help you understand your rights and obligations.
2. Seek Legal Advice: Considering the complexity of the situation, consulting with a lawyer specializing in labor laws can provide you with valuable insights and guidance on how to proceed.
3. Respond Professionally: Craft a formal response to the company addressing the concerns raised in the letter. Clearly state your position, provide relevant evidence of your new employment, and reiterate your willingness to cooperate within legal boundaries.
4. Document Everything: Keep detailed records of all communications, including emails, letters, and any other relevant documentation. This will serve as evidence in case the situation escalates further.
5. Maintain Professionalism: Despite the challenges you are facing, continue to focus on your work in the government sector. Avoid any actions that could be perceived as unprofessional or retaliatory.
6. Consider Alternative Dispute Resolution: If the situation does not improve, you may explore alternative dispute resolution mechanisms such as mediation or arbitration to resolve the issue amicably.
7. Stay Informed: Stay updated on your rights as an employee under Indian labor laws, especially regarding resignation, notice periods, and disciplinary actions. Knowledge is key in protecting your interests.
Remember, each situation is unique, and seeking personalized legal advice is crucial to navigate through such challenges effectively.
From India, Gurugram
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc