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...
From India, Chennai
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.
From India, Bangalore
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.
From India, Thane
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.
From India, Thane
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
From India, Thane