Hi All,
I am working for Sales in a company and recently i got another offer and i have put in my resignation after i consulted with my reporting manager. Now His reporting manager says that i will not relieve you. if you go i will make it as termination.
Can the company do so? If so what are the problems i face?

From India, Hyderabad
prakash perumal
HR Professional

Dear bhargav reddy,

Greeting from Prakash perumal,

Got your approved copy of the resignation letter from your manager. If you got you can get out from the company with dare. There is no can take termination or legal issues on you. ( Do not forget to get your experience letter).

If you do not got the approved copy of the resignation copy from your manager, just tell them an employer should not compel an employee do work with out his/her desire. So you can approach your employer or the labour officer of your zone.

Do not worry ! Do not get angry ! Be Calm and be strong in your side.

When an employer can terminate an employee from work:

When employee commit with the illegal activities(See Industrial Dispute Act):

The employer should issue a show cause notice or memo or suspension and the employee should reply for the notice with the reasons of his/her side. If the reasons are not satisfied the employer then the employer go for the proper hearing with the legal advocate. Once the illegal activity is proved against the employee then only he or she can terminated by the employer from the work.

otherwise the employer can't terminate the employee by just giving the termination letter.

SO NO issues. Move your stuff.

Thanks and regards

Prakash perumal.

From India, Kolkata
Corporate Training, Executive Coaching, Outbound Training for Women

Hi Bharghav, maybe the company you have resigned from is facing a situation where your inputs are valuable and maybe you have not realized it. Maybe the lure of a good salary is tempting you to move on. In this case, where your boss's boss is unwilling to let you go, I presume it is some kind of a setup with multiple layers of supervision as in an IT or ITES. Talk to the main guy and ask for a promo or a better salary compatible with what you are being offered. Make it deadline - based. And also refer to the previous input on the Tribunal front. In India, there is no such thing like many other countries as 'bonded labour' while in reality a lot many people resort to it. So, talk professionally and legally. But do not bring in legalities initially. Tell him that you are resigning because you do not intend to work anymore with this organization. It is simple and straightforward and no one can compel someone to work against his / her will. Get your resignation letter acknowledged and also meet the Head of HR in the company. They know more legalities and would like to avoid it at any cost. If you play your cards right the big boss will buckle under pressure as he is wrong. And there is no bond / bonded labour out here.

While doing all these keep the new company informed on every aspect. That will help later on in case the old company publishes your photo in the newspaper. Some of them are doing it nowadays although it is highly objectionable, questionable, and illegal unless approved by an appropriate legal authority.

Happy successful New Year.

Saurav Das

From India, Mumbai
May I know what is your companies notice period ?
According to the company notice period you have to work without fail. If you fail/reject to serve the notice period then it is illegal. They may have the right to terminate you otherwise if you work in total notice period then they don\'t have the right to terminate you.
For this you should have a proof eg: The email which you sent to the HR department/The acknowledgement in writing stated that they received.
If you have these proofs. they accept or not accept it automatically states that the resignation is accepted.
\"You should work in notice period without fail\"

From India, Hyderabad
i was working in a sales company for 10 months.During 7 months because of sales i was doing good.but last 3 months was not that much so i decided to leave the company by giving them resignation letter.they told me to give 2 months notice period.i was on my 1 month notice.during that time they change my fix salary to slab.which i agree to do.But after that they change day shift to night shift which i disagree to do.So, the director told me to leave for the day.HR will call you.Hr didn't call me.when i called them they told me that i was terminated and i will get my salary and documents 6 months later.now after 6 month later Hr is telling me i will get my salary but not any document if you want to talk about this you have to talk to the director.what should i do?
From India, Mumbai
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