Hi!

I worked for a software company for about 2.5 years. In this tenure, I was promoted to team lead within 1 year. Recently, as my father was not doing well, I was not able to give full commitment to the company. In other words, I was not logging in on time and was taken off as and when circumstances demanded. Last month, my manager called me in for a meeting and asked me how long it would take for me to get back to work as usual. As things were not good at home, I was not able to give him any specific duration. Within the next week, I was asked to submit my ID card and was asked to leave the company. When I asked about FNF and experience, they asked me to talk to HR. After following up for about a month, I received a reply from HR stating that I need to pay them two months' salary for my NP to get my relieving letters; otherwise, I will receive a termination letter from the company.

Please advise on what should be my next step...

Thanks,

From India, Hyderabad
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I'm working with one of the leading NBFCs in Delhi for the past 18 months. I'm not satisfied with the company due to harassment by the Reporting Manager. He always uses abusive language in front of everybody in the office premises. Therefore, I resigned from the company in January '15, giving a 7-day notice period. However, my Reporting Manager has not accepted my resignation; he keeps ignoring me. On the last day of my notice period, I sent an email regarding the acceptance of my resignation, but I received no reply. I had also marked my previous emails to my HR, SR. HR, and HR Head. The next day, I sent the resignation acceptance email to my HR Head but still have not received any reply. I continued to send emails to my HR Head regarding the same, copying all concerned parties. Yesterday, I emailed my Company MD and CEO regarding the resignation acceptance, but I received no reply. However, the next minute, I received an email from my North Head stating:

Dear .........
I am surprised that you have already joined your new organization without being relieved from SFS. Even your resignation has not been accepted.

You were very clearly told that you would need to hand over your duties to your supervisor, complete all pending tasks, and then you would be relieved of your duties, earliest being the 3rd of February.

This situation now constitutes a case of dual employment. You may want to discuss this with your current organization.

Please suggest what I should do.

In my appointment letter, it is clearly mentioned that "AFTER CONFIRMATION, THE EMPLOYEE IS REQUIRED TO SERVE A NOTICE PERIOD OF 30 DAYS OR BASIC SALARY IN LIEU OF THE NOTICE PERIOD."

I already sent the resignation email on the 20th of January with the last working day as the 27th of January. Additionally, I sent the resignation acceptance email to my HR Head on the 28th of January.

Please guide me on what I should do.

Regards

From India, Noida
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This is a very interesting situation. They have asked you to leave the company. Therefore, they have the right to issue a termination letter. I assume they will pay you the notice pay and pending salary with your F&F as per your terms of employment. However, they are giving you a chance to avoid a termination letter as it will make it difficult to get a job later. They are asking you to give a resignation letter with notice pay for a short notice and get the relieving letter you need. That makes sense for saving yourself of trouble later. However, they are also taking steps to avoid problems later with you. Their termination may be an unfair labor practice, especially since they didn't hold a domestic inquiry. The recent case of labor court hearings for TCS has made them realize that they can't always get away. You need to take a call on whether you want to and can fight. The fight is long and costly. Your attention is now with your father and I think it's better for you to drop it.


From India, Mumbai
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