I joined a BPO operating in Gurugram 5 months ago at an Entry Level Post.
My appointment Letter states:
1. "The appointment has been done after and extensive process for an important position which requires your skills and experience. This appointment may come to an end at the instance of either Party by giving the other a notice in writing for one month. Your relieving from the services of the Company would be contingent upon successful serving of the full and complete notice period. Failing to do so would entitle the Company to recover damages for all losses caused due to any shortfall in serving of the full and complete Notice Period. The Company in addition to rights to recover damages will not furnish a relieving letter in case of shortfall in the Notice Period unless such shortfall has been signed of by the appropriate person in the Company. In exceptional situations the Company reserves the right to waive off Notice Period at its sole discretion,"
2. "Notice to terminate the services will be accepted by the Company only when it is issued in a form wherein your identity is ascertainable. Notice of termination in the Electronic Form where such identity cannot be ascertained such as SMS or Personal Email shall not be accepted as adequate notice of termination for the purposes of this agreement."
3. "The company reserves the right to terminate your employment on grounds of breach of policy, misconduct or where your performance has been found to be unsatisfactory."
4. "Any violation of the above mentioned or any other Company procedures and policies would attract action as per Company's disciplinary policy in force, including and up to termination. In the event of termination by Company on breach of disciplinary policy, the Company will not be liable to any amount in lieu of notice period."
5. "Any and all disputes arising in connection with the appointment letter and services shall be referred to arbitration which shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by the General Counsel of the Company. The venue of the arbitration shall be Delhi and the language shall be English. You agree to submit yourself to the exclusive territorial jurisdiction of courts at Delhi."
Now the situation is that after 1 month of joining, I realised the job is not what it was described (Finance and Accounts) as in the advertisement but more of a Data Entry Job and I told my Manager about my intention of leaving as I didn't want to work in a job like that. But, he intimidated me that if I left around the year end then his bonus and attrition ratings will be get affected which will not be good for me either. Since, I knew him and was scared I agreed to not leave my job till January this year. Now when I asked him to leave in January he again asked me to extend for a few months as there is a lot of work. I was really not happy in the job so I filed my resignation on the Company's Portal and stopped going to office in anger. I informed all my managers about resigning and my intention of not coming to work anymore, I also submitted my official ID Card-cum-Gate Pass at the Office's Badging Centre and even offered to pay for the Notice Period which I am not willing to serve as I do not want to work in that job even a day more.
But as stated in the Appointment Letter quoted above, the company does not recognise personal E-Mail or SMS as a mode of valid resignation (Can they seriously dictate the ways an employee can resign?). The Manager is denying receiving any trigger of the resignation from the portal and so my HR is unwilling to relieve me and is threatening to declare me "Absconding" and also taking legal action against me for not informing them of my resignation and not serving the Notice Period.
So, I request you all respected members to please help me and guide me in this situation. As my name suggests I am unemployed and do not have enough funds to fight with the company in court in case they initiate a legal case against me on these grounds. I am scared and don't know what should I do. Please guide me.
Ashwin 3rd February 2019 From India, New Delhi