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Anonymous
Hi All,
I was working in a company for two years and resigned recently. They didn't have any project for me and I had received a better opportunity in my field. Before resigning I discussed the same with my employer ( owner) and was offered the same package as the new one however was asked to change my field which I couldn't hence I resigned after talking to him. After resigning their behavior changed drastically.

My notice was for 60 days however I was asked to leave in a week, when I asked to extend for a month he didn't agree and asked me to leave in a couple of days itself. As my new job was in another city I hurried and found a house for rent paid the token and everything and gave notice to my existing home owners. When the time came my employer asked me to speak with the HR who in turn asked me to pay for the early reliving for notice to which I retaliated as it wasn't something I asked for. They persisted me to pay so I denied and was ready to serve the notice however now I was in a situation where I didn't have any house to stay so I asked them to relieve me a month early and was ready to pay to it to which I was replied that I would be terminated. I was asked to go home and will be conveyed later about the relieving procedure.

Later the same day I received an email of termination for not serving the notice period, irregular attendance ( I had 15 leaves untaken) and casual attitude towards work ( I was promoted twice during my tenure) I replied to the email challenging the termination however till date haven't received any update from anyone. Tried calling the HR and the owner however they don't pick up on the calls and don't meet me when I go to the office. I still have the company ID with me. I need the relieving documents for my new company. I was even given warning that a legal action will be taken against me. Kindly help as I am in a jeopardy here
6th June 2017 From India, Pune

Dinesh Divekar
Business Mentor, Consultant And Trainer
V.Raghunathan
Process Industry Consultant.soft Skill Specialist.
Bharat Gera
Principal Hr Consultant
Sapanapune
Hr Executive
+1 Other

Dear friend,

You have not mentioned what was your designation. How many persons reported to you? We need this information to check whether provisions of Industrial Dispute Act, 1947 are applicable to you.

Anyway, what has happened at the fag end of your career is unfortunate. Why your employer incensed at you? Since you got better opportunity, did you rub them wrong way? Secondly, there appears to be gap in communication from both the sides. Do you have proof of written correspondence?

Your termination is illegal. Any termination has to be preceded by the domestic enquiry. Your company has not done that.

Anyway, I recommend you approaching the Labour Officer (LO) of your area. Explain your problem. Please speak in local language or at least in Hindi. Carry with you proof of your employment. Explain to LO that all that you are asking is just Relieving letter. Therefore, handling this case should not be a problem for LO. For further queries, feel free to contact me.

Thanks,

Dinesh Divekar
6th June 2017 From India, Bangalore
Dear Anonymous,

Senior member Shri Dinesh Divekar has given some valuable suggestions.

When you proceed to meet the LO please take the appointment letter( highlighting the notice period).
If you have the copy of resignation letter take that as well. If there is acknowledgment ( even a mere receipt of your letter would do) that will be handy. If it is an email that is not acknowledged, even that would be good. For whatever mentioned by you in the above message, please take the documentary proof that would make your job easier.

V.Raghunathan
7th June 2017 From India
Anonymous 
Hi Dinesh, Thanks for your advise. I was working as a service delivery manager and directly reported to the owner of the company. I have everything on the email and all the necessary documents
7th June 2017 From India, Pune
1. You will have to fight this matter legally. Your termination is technically infructuous and has no effect what so ever.

2. Since you were a Manager, the LO may not be able to help you.

3. Please contact some good advocate who takes up service matters of employees who are not in workmen category, he may be able to help you with proper advice and desired actions.
7th June 2017 From India, Thane
Dear Anonymous,

I would suggest you for no further follow ups with your ex employer. A Single legal notice to them will serve your purpose. But you should have communication record to produce same when required.

Sometimes, Employer do not accept an employee's resignation in good faith and often land up with such reactions, though sounds unlawful.

Better learn and go ahead for next opportunity. All the best.
Regards,
Sapana
8th June 2017 From India, Pune
Anonymous 
Hi All,
Thanks for your valuable advise.

I have joined my new company and have advise them about the situation and they look to be helpful.

Though now my previous employer i trying to threatening to go legal. I haven't done anything illegal and now he's trying to prove that I am still employed by his company which I am not sure how.

Please help!
9th June 2017 From India, Pune
Hi,

Congratulations on your new assignment.

Let them try to prove that you are still working with them. As you mentioned that your New organization seems helpful, you can always speak to your HR about the entire issue and show them your correspondence. Meanwhile, hire advocate and shoot a Notice to your X-employer.


Regards,
Priyanka Vinda
9th June 2017 From India, Ahmadabad
Hi Priyanka,

Thanks for your advice.

What I am most concerned and upset about is the fact is how can some company do this with their employees specially as I had worked for more than 120 hrs OT and never demanded a single penny out of them.
Also all this was merely done to save on a month's salary and bonus payout.

Is this specific or very common
12th June 2017 From India, Pune
Hi Poorva,

Upset with what happened is obvious, but never expect any Company to appreciate your favor or hard-work for them.

After all it is just an Organization. So, stay practical and work with dedication.
That's all...!!
12th June 2017 From India, Ahmadabad

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