Employer threatens to blacklist and terminate my services - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Psdhingra
Legal Analyst, Hrm

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I was working in a company since last 7 months. My manager always kept insulting me in front of my colleagues on silly reasons. One fine day, a decision was decided to change the company's name. HR informed all the employees that we have to resign from the old company and then join the new company. During this process, all the employees were given their relieving letters and experience letters. Then all had to join the company (with the new name). I thought since I had all the relevant documents, I could just move away from the company. So, I went absconding. Now my manager sends me a text stating that if I do not report to him within two days, he will report to the nasscom and terminate my services. My nsr profile has expired.
aPlease help.

There are three issues you have clubbed in your post. First one is abrasive treatment to you by your manager, second one is change of name of your company and third one is abandonment of your employment. Threat for termination is sequel of abandonment of your employment.

As far as abrasive treatment by your manager is concerned, this could be borne out multiple reasons like your poor quality of work, his inherent abrasive nature, his personal dislike to you etc.

If the company decided to change the name then what was the reason to tell each employee to put in papers is not understood. It appears that ownership of the company is changed. The new owner did not wish to pay you gratuity hence resignation and issue of fresh appointment letters.

The most important point is last one that is abandonment of your employment. What was the cause of abandonment or what purpose did it serve that you have not written. Why your manager has sent you the text message? Any communication for not reporting for duty should come from HR Department.

At this stage, it is better to go back and have proper separation from the company. Proper relieving letter will help you in your future job search.

Thanks,

Dinesh Divekar

Probably, you have not judged that the query of the anonymous author is of purely academic nature, as he has sought help (but of what kind) if his manager has sent him a text stating to report to him in two days. Further to it, what help he has expected from the members if his NSR profile is expired. That also indicates about the problem to be of hypothetical nature. In my opinion, he just sought an answer to some of his management school's academic exercise

Anyway, your help in solving his academic query is appreciated. Even if the query represents a real problem, I endorse your views, except with the difference of opinion on your statement, "any communication for not reporting for duty should come from HR Department."

We cannot assume that wherever the term HR appears that necessarily falls within the domain of responsibilities of the HR department only. HR cannot be over burdened with each and every bit of big or small activities of the employees Needless to emphasise, while major HR related functions are the responsibility of the HR department, all managers of individual departments have also to discharge one or the other HR functions with respect to the employees of his own unit. So, subsidiary functions of HR pertaining to the individual units doubtlessly rest with the respective manager of that unit.

Any organisation cannot be supposed to make its managers totally handicapped just to become merely silent spectators of the negative or positive activities of his subordinate employees. A manager is fully responsible for maintaining discipline amongst his subordinates and to initiate action for his irregularity or indiscipline. Except in smaller companies, if a manager is delegated with the powers of disciplinary authority he can well terminate employee working under him on account of his unauthorised absence with a copy of his order duly endorsed to the HR department for further necessary action with respect to maintenance of his service records. Even if he is not delegated with the powers of a disciplinary authority, still he can initiate the process of disciplinary proceedings to be handled and finalised ultimately by some competent authority.

So, I don't see anything wrong, if the manager has sent him a text stating that if he did not report to him in two days, he will report to the nasscom or terminate him.

You have a resigned from the company and having a relieving order. Joining the rnew company or not is your prerogative since it is a fresh employment. You can text back to your manager stating that you were an employee of the X company and you voluntarily resigned and have been relieved officially and you have not absconded. The fresh offer given by the new company and is not acceptable to you and hence you are not taking up the offer. Absconding from the job can happen only if the job is taken up and you have reported for work, completed the joining formalities and then absented yourself for a reasonable period without proper approval.

In this case, you have got relieved. You have not taken up the job in the new company. You have not completed the joining formalities. So legally, they cannot declare you as an absentee. Like Dinesh had said, the employer played a game to avoid paying gratuity and other obligations.

I also know of companies which take loans based on their market valuation of shares. They then ask employees to resign and shift them to a new company. They then tell the creditors that they have no money to pay and ask them to take over the company, which they will not. So they declare themselves bankrupt. These are games some unscrupulous and unethical promoters play. Employees are used as pawns.

i assume that you have not completed the joining formalities. If you have not, then they cannot do anything to you since you have never been an employee of the new company. If your manager keeps sending text messages, just respond back stating that you were never an employee of the new company and you will be forced to complain to Nasscom for such threats. So to stop texting you.Send him into a spin.

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