I have resigned to my previous company 3 months back. Actual notice period for the company is 1 month. Manager forced me to do 2 months. I accepted and did 2 months. After 2 months he requested to work one more month due to process requirement I understood and extended. Later he asked me to take resignation back. But I didn't accept. In the last month of my notice period I have handed over the process to new candidate who came as my replacement.
I have given KT also. In the last month process is handled by new guy. But now whatever the issues happened in the last month the manager is trying to keep all issues on me. Now he is threatening me as I will abscond you. There is no official mail communication is happened. Kindly suggest me what to do.

From India, Jubilee Hills
Labour Law & Hr Consultant
Asso.prof.(commerce & Management)
Nagarkar Vinayak L
Hr And Employee Relations Consultant
+1 Other

Dear Srikanth,
Did you receive any acknowledgement when you submitted your resignation letter and was it accepted by your office. Did you get any communication after submission of your resig.letter ? Did you receive salary for the days you worked there, fully including the over 3 months notice period? Are sWtill attending to duties there marking your attendance or stopped going there. If he is holding you responsible for omissions & commissions back there was it only oral or anything in writing? What's the mode of communication with you, if it's oral is it possible to record the conversations on your mobile hand set. If you have stopped on your own what about your final settlements there?
What is the status of that firm and of you, a workman or a supervisor. Tell us the nature of your duties, If your position is critical consult an advocate well versed in labour laws and take appropriate precautionary measures.

From India, Bangalore
Dear Srikanth,
Employment is basically a contract comprising of mutual rights and obligations thrust upon the parties to the contract viz., the employer and the employee. As such, the employer is not vested with any overriding right to reject the right of the employee to terminate the contract of employment by resignation subject to the conditions stipulated therein already. When the resignation submitted by the employee fulfills all the conditions for unilateral termination already stipulated, the non-communication of the acceptance or rejection of the formal resignation on the part of the employer is certainly a bad HR practice; besides, the threat of the manager to declare the employee as an absconder if the employee walks off the job on his own after the expiry of the notice period would be an unfair labor practice.
Better politely bring this legal position to the C.E.O of the organization and make your exit smooth. If it is futile, simply walk out.

From India, Salem
Dear Colleague,
Employment contract can be terminated by either party by giving stipulated notice to the others which in your case was one month and you have duly complied . Normally your service came to an end after the expiry of the one month's notice period. But at the request of your Manager you obliged them by overstaying for two more months . At the end this extended period of your service, you have duly handed over the charge to your replacement.
When you acted in good faith and have shown sensitivity to understand their need, to say that you will be declared absconder is not only patently illegal but is height of stupidity.
I go with suggestion that you write to the CEO putting all the above facts and highlight the vindictive stand taken by your Manager in a bid to hold you back with a request to settle your dues, give relieving letter and service certificate.
Also give mild threat that despite your goodness shown by you , if the Manager persists with his dubious action, you will be constrained to proceed legally.
Vinayak Nagarkar
HR- Consultant

From India, Mumbai
First of all, you already did what a loyal and dedicated employee can do for an organization, but what about you? what about that job offer for which you like to switch from the current organisation (other issues can be there also). 3 months is a long tenure for the notice period. Now according to me you should play smartly here, get a job offer, (its good if you already has ), try to get something in writing from the manager, and use this as a confirmation. Raise complaint to a higher authority, HR head, afterwards take action legally against all of them if no one is helping you. It will maybe raise hurdle in your smooth transit but they all get the lesson from this. For future reference always take everything written or officially. Seniors will help you more by giving a better suggestion.

From India, Delhi

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