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i have a query with regards to the problem i am facing currently.
I joined a company in Bangalore and my appointment letter clearly states that employee can terminate the contract by giving a 90 days notice in advance, due to some personal reasons i have to go back to Pune and do a job there. i have resigned my current company before 2 months and now its last month to serve notice period but they are creating problems by saying that thy will not release me in after 90 days official notice period and asking me to extend notice period by 2 mnths, i am saynng that i cant extend 2 mnths as my other company cannot wait for that long,but my current manager threatening me that if u dont extend i wont give good remarks on releave letter .
Please suggest what can i do in this case.
7th July 2017 From India, Chennai

Dinesh Divekar
Business Mentor, Consultant And Trainer
Bharat Gera
Principal Hr Consultant
Akash09091992
Software Developer

Hello,
I am Associated with one of the most reputed MNC, I have resigned recently.
Issue is the current employer is forcing me to extend official notice period by 2 months.i am serving the 90 days notice period but when i asked my manager to start release process for me ,he is asking me to extend it by 2 months and he is threatening me that if u dont extend we will put bad remarks on ur releave letter.
(As far as company policy concern it is clearly mention over their that Either you have to serve 90 days or you can buyout)
What should I do, Should I go to Legal, If yes please suggest with Act...
7th July 2017 From India, Chennai
Hi, Request him to releave as you are serving notice period as per your company policy. If he is not agreed then you take legal action. Also inform your employer that you will go with legal processes
7th July 2017 From India, Pune
Dear Akash,

Have a meeting with your Manager and explain to him notice period of three months is sufficiently long and forcible extension would be against the provisions mentioned in your appointment letter. In the meeting remind him that the threats given to him are also illegal. Tell him that your relationship with him is not that of master-servant relationship. While leaving meeting tell him that you would like to escalate the matter as HR might find a solution to your replacement. While talking to him be firm but show utmost politeness.

When the meeting in the progress, record the conversation on your mobile. The audio file could act as evidence of the threat. However, do this with utmost caution and noway, he should suspect for recording. To be on the safer side, put the mobile on flight mode to avoid disruption of the recording because of some incoming call. Talk loudly enough so that your voice gets recorded well. Download right app and try recording the conversation and find out what is the maximum permissible time for the recording.

Most probably, in the meeting your Manager will not accede your request. However, before you leave, summarise what transpired in the meeting.

Later, put up application addressing to HR for arranging your release on due date. In the application, write that the Manager has threatened for spoiling your relieving letter. The threats by the Manager do not behove well for the MNC like yours. However, do not reveal in the application about evidence of his threat in the form of audio file. Just make a request for timely release.

If your request is not acceded then put up application for having interview with the MD of your company. If MD also remains inconsiderate, then what to do that we will see later.

General comments: - The post by the originator of the post speaks volumes. Most of the MNCs have increased notice period to 3 months. Notwithstanding this sufficient notice, "Most reputed MNC" was unable to arrange replacement is lamentable. However, this is only one side of the story. How come Manager of the poster has courage to give threat on spoiling the reference check of the employee? Why Manager has no accountability? Why Manager does not have fear of any labour law? Do MNCs use relieving letter as ultimate weapon to convert employees into the slave? How come HR does not have any inkling about immoderateness of their Managers? On the one hand HR talks so much about how employee engagement is important or importance of building right culture and allow their managers to disserve? The post shows how HR has disconnect with what's going on in the company.

Thanks,

Dinesh Divekar
7th July 2017 From India, Bangalore
1. Has your resignation been accepted by the management? Do you have the acknowledgement in writing?

2. Have you been communicated to extend notice period in writing or it is verbal only?

I presume HR is also party to this situation, as now a days HR is busy in aligning with business hence H of HR is not important for them.

Please follow the advice of Mr Divekar and create some solid evidence.
9th July 2017 From India, Thane
1.No ,when i ask them please send the acceptance of the resignation they come up with this things. 2.It is communicated through verbal only upto now.
10th July 2017 From India, Chennai
1. You have not mentioned anything on acknowledgement of resignation. How have you resigned, is it a hard copy resignation or through an email?

2. It is established principle that if the other party does not communicate their version within a reasonable time, your communication is treated as accepted.

3. You write to HR confirming that you resigned on so & so that and have been verbally communicated by (name of the person) from HR that HR only verbally accepts the resignation and does not give in writing.

4. Also mention that as per clause so & so of my appointment letter my notice period is 90 days & accordingly my last working day would be so and so date. Please let me know as to who will be taking charge from me.

5. This mail should be addressed to HR head & should be marked to CEO, Your department head, your reporting manager.
11th July 2017 From India, Thane
1. I dint get acknowledgement of resignation upto now. 2. I have resigned through an email
12th July 2017 From India, Chennai
Is resignation acceptance mail is mandatory to start the release process for employee?
14th July 2017 From India, Chennai
Dear Akash,

That is alright if you resigned through mail, please let me know did anybody in the organization speak to you on resignation, to understand the reasons of your leaving? did they try to retain?

I have given a way forward in my post above, please follow that. Please contact good advocate also for the matter.

With Warm regards

Bharat Gera
HR Consultant
16th July 2017 From India, Thane

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