Psdhingra
Legal Analyst, Hrm
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+2 Others

Greetings to All,
Have resigned on 11th Sep 2015. As mentioned in my appointment letter there is a clause either serve 90 days notic period or can pay to organization the shortfall of notice period. I have requested for the later in my resignation.
In my case HR & management has bluntly refused to approve my request & is threatning me to serve 90 days notice period forcibly. Since my resignation date niether my reporting manager nor any senior has bothered to discuss on the subject for 13 days. Later on my reminder via mail they are forcing me to work & serve notice period which practically not possible for me.
Humbly request all seniors to please guide & give me solution.
Thanks & Regards
Bharat Daga
28th September 2015 From India, Pune
Hello Bharat Daga, Pl mention here the EXACT verbatim of the concerned clause. Unless the members know the exact wordings, any suggestions would be misleading. Rgds, TS
29th September 2015 From India, Hyderabad
Dear Experts,

Below is the detail verbatim conversation since 11th September 2015 -

1) Resignation forwarded to reporting manager on 11th Sep 2015 via mail. One day in advance had informed about the same. Along with reporting manager had marked CC to ZM, National Sales Head, National HR Head, Regional HR Head, Admin, Channel Head for reference. In this very mail had requested to let me know the payback amount for the shortfall o notice period and agreed to pay (as there is a clause written in an appointment letter issued to me)

2) Till 23rd Sep 2015 no response from my reporting head nor any departmental heads. Had frequently reminded verbally to reporting manager to respond to my mail however till date has ignored to do.

3) On not getting any respond for 13 days had written mail to Regional HR Head for processing the exit formalities asap by giving clarity to me on the payback amount to organization and surrender the company assets. To this National HR Head responded in threatning tone that I will have to serve 90 day notice perio at any cost and cannot accept the payback request.

4) On this respond I personally met to Regional HR and requested to consider my request of payback and also take back company asset which I had carried with me to hand over. On which he refused to confirm as he said that it is not in his authorisation to do so. Also met Admin personally.

5) Since 23rd Sep 2015 I have been daily sending request reminder to National HR Head however no response. The last response from him on 26th Sep 2015 that he will speak to me on 28th Sep 2015.

6) on 28th Sep 2015 he called me and asked me where I am joining. I replied that I will be joining my family business. He said that then why do I need relieving letter to join my family business and suggested me to simultaneously look after family business while serving notice period. ME: "My appointment letter do not permit to do any external task while on rolls with irganization. You are making me getting stuck in legal by suggesting this kind of working and is unethical on my part". HR : "Then write a mail to me mentioning that Bharat Daga will not join any competitor and will join family business. Only then I (HR) will help in issue relieving letter immediately by speaking ti management."

ME : "This is not possible to me write such declaration."

HR : "From today you (me) will not write any reminder mails to me (HR) and will speak to you on next Monday (05.10.2015).

This is the scene till date. During this period am doing my field work as am in sales and not necessary has to be in office full time. The root cause to the denial is that my reporting manager & ZM has taken it very personally as from the market they have known that I will be joining competition and they are very well aware of my capability and my achievements during 3 years of valuable service. They also openly share in the office that "ISKO TOU NOTICE PERIOD SERVE KARNEY LAGAYGE HI. TA KI 3 MAHINEY BAAD ISKEY PAAS USKEY HAAT MEY KOI OFFER NAHI RAHEGA AUR ISKI TOU WAAT LAG JAYEGI"

Meanwhile my ZM has kept me totally away from day to day work & involvement. Also he ha taken a replacement to me which also not a concern.

This seems to be on basis of personal level to ruin my career. Need a guidance & suggestion to come out of this issue immediately.

Thanks & Regards

Bharat Daga
30th September 2015 From India, Pune
Hello Bharat Daga,
Looks like there's been a comm gap.
What I meant was the clause you referred to--'in my appointment letter there is a clause either serve 90 days notic period or can pay to organization the shortfall of notice period'.
While the chronology you provided surely helps the members to understand the scenario better, the written parts become important to give actionable suggestions.
Rgds,
TS
30th September 2015 From India, Hyderabad
PFA FYRP... Regards Bharat Daga
30th September 2015 From India, Pune

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There are laws and remedies to rectify breaches of law.
Your company is playing around fully knowing that legal remedy takes time and in the process the employee will be forced to play the company tune.
The employee should now give a firm,but polite letter of resignation and with an offer to pay up notice period as per offer letter.
Quote the para number in your letter.
The letter should be in writing duly signed and not merely email intimation.
List out company assets and hand over the same under acknowledgment.
Give firm dates from which you will be unable to work further and give a written brief about your responsibilities and latest update.
The only problem which will happen is that your present company will not give release papers and try to inconvenience you to the maximum.
For this you would have to sound out your new company about delays/shortcomings in papers.
30th September 2015 From India, Pune
Mr. Bharat Daga,
NOT YOUR CONVERSATION, but the exact language/wording of the offer letter on resignation was relevant to be posted here for the purpose of proper analysis of your problem.
Can you post here the extract of the clause for proper analysis?
30th September 2015 From India, Delhi
Thanks a lot Mr. Sateesh & Mr. Nath Rao.
Feeling very nice to get solution from the experts like you. I have describe in brief the complete scene. If required would like to share the mail communication till date so that it would be more precise to understand more properly. Please suggest how can I share the same.
Regards
Bharat Daga
30th September 2015 From India, Pune
Dear Bharat,

The terms of offer letter are quite clear for both sides. The only thing required from your side, as per the prescribed pre-condition, is to deposit the prorata amount of your salary, including allowances, for the period short of the resignation notice to get your resignation accepted. You should not wait for acceptance of your resignation for the purpose of deposit of the amount of salary/ allowances for the period short of your notice period, or to seek adjustment of your salary dues for the duty period. Drawal of salary dues are a regular feature, which should not have be linked to the resignation. That is another thing, if the management agrees to adjust the salary out of the resignation notice dues. Better enclose bank draft for the amount along with your representation making a mention of some specific date from which your resignation should be treated as effective. That way you can ask the company as a matter of right to relieve you from your job.

It is none of the business of the management to ask you whether you are joining or not any other organisation after resignation.

So, where the management is becomes irresponsive to the needs of its own prescribed conditions, you should be specific and assertive in your resignation letter, instead of making verbal or written requests. The management does not have any right to retain you against your wishes. Rather, it will be a matter of your goodwill gesture, if you prefer to accommodate requests of your superiors, if they want to retain you for some more period due to some of their urgency or compulsion. In the wake of the duly prescribed conditions both the parties are required to respond equitably and honourably.
1st October 2015 From India, Delhi
#Anonymous
Give him a letter that you are joining the family business. Get relieved. Take a break of 10 to 15 days. Then take up the new job. They might send you a notice. You can send a response that after getting relieved, the circumstances changed. And in any case you are not bound by any law or contract not to join the competition. They are playing dirty. You play the same game. All is fair in love and war. They cannot do anything to you. It's a psychological pressure. If they are wise, they will mind their business after you leave.
1st October 2015 From Indonesia, Jakarta
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