Hello there, I was working as an associate for XXXX for the last 3 years and resigned due to pursuing a career in the film industry. And requested for an early relieve. And the same was communicated to my reporting manager on 23rd April 2019 during a meeting called by him to discuss on PIP (Performance Improvement Plan).
2. Based on the manager's advise, I resigned on the 24th of April 2019. While he promised to work on my request for an early relieve from duty.
3. Meanwhile received a request from the HR spoc on 26th or 29th April 2019-unsure of date to join the first formal meeting to discuss PIP along with my reporting manager. HR pointed out during our discussion that there was no need to discuss on PIP measures as I had already resigned my job. Nevertheless, the HR insisted me sign the formal PIP letter dated 1st April 2019.
(Note: I was on paternity leave from 30th March 2019 till 16th April 2019)
4. The following week HR and I had a discussion in her office about my resignation. During our discussion, I requested for an early relieve for the second time. HR said that she couldn't help with my request and that it's my manager who needs to decide. And advised me to talk the manager.
5. I repeatedly requested Manger for an early relieve, and he promised to arrange a meeting with Sr. Manager on Monday 13th May 2019. However, the meeting did not take place as promised. On Tuesday 14th May 2019, manager and I had met and was told that the Sr Manager refused to relieve early and upheld the original decision to relieve on 07th June 2019.
6. After serving 3 weeks of notice, I didn't report to the office from 17th May 2019 onwards due to a medical emergency of a family member. I couldn't answer managers call to report the absence, however, delivered an SMS stating would call back. The same evening received a message from manager stating I have been marked NCNS (No call No Show). However, explained manager the following day about the medical situation.
7. On 22nd May 2019 called HR and met her at her office and explained the reason for not reporting to work and requested for an early relieve again. She said "Will relieve you in 30mins" however, she would need to involve manager in the meeting. After an hour, a meeting took place at her office with managers. And now HR said that she cannot relieve early as promised earlier. however, said to chose out of two options - "To go Job abandonment" or Serve notice till 7th June 2019.
8. HR also asked to take time till the following day and call by 12 pm to decide on the options provided. She also took my email address and stated to send details of the meeting to my email by the end of the day. However, no email received as promised.
9. As per the options provided by HR, I chose to go job abandonment and the same was communicated to her the following day. She requested to send an SMS confirmation on the same. When inquired about the effect of job abandonment on the Full and final settlement, she said "There shouldn't be any issue" and refused to clarify further.
10. Meanwhile received "First call notice " letter dated 23rd May 2019 stating not reported to duty from 14th May 2019 onwards. However, I was present on 14th May as per my schedule and 15th and 16th May 2019 were my scheduled week offs. I did not report to duty from 17th May 2019 onwards.
11. There was no mention of the contact person or direct phone no, ext or email address on the "First call notice" and the subsequent letters itself. However, there was one on the cover of the letter addressed as YY. I tried calling the aforesaid number several times and could not reach Ms. YY.
12. Hence called HR to get contact no or email address of YY and informed her about the wrong mention of dates. HR was not of much assistance in this regard. Also sought clarification on relieving policy, as a Sr.Associate was relieved early without serving the notice period. HR mentioned that the Sr.Associate approached her for help and hence she helped him with early relieve. And that I didn't approach her for the same. When reminded her about the earlier meetings with her and managers regarding the same she became disrespectful and started sounding rude on call and threatened to disconnect the call.
13. I have also received "Second call Notice" dated 6th June 2019, which says "subsequent efforts to contact me have failed too". On the contrary, not even a single call was received from Human resource or any email received.
14. I could not get much help from the first point of contact (HR Spoc ZZ). Neither did she live XXXX values.
15. I registered a formal complaint against the HR with "Protector Line" a third party agency which takes care of employee grievance, a week after the complaint received a call from XXXX to listen to my side of the story. I met ZZ employee relation officer and explained her the situation, she said would look into the detail and update me but never received any call or reply to my email.
16. Also while the "second call notice "letter mentions about the second opportunity and advises to report to duty on or before 19th June 2019, a termination letter has been emailed on 18th June 2019 (24hrs in advance).
17. I am not sure how to proceed further to get my F&F and relieving letter. My last hope is to file legal suite against XXXX. Please provide me some insight on how to go about.
[Names and company name removed - not allowed on Cite.Co]
12th July 2019 From India, Bengaluru
Hi,
Please check your employment terms on separation clause. Waiver of notice period totally or partially is at the discretion of the employer. You could have served your Notice period till 7th June 2019 which would have ensured smooth exit. On the other hand even HR didn't handled the situation properly. Now you can approach your HR for proper relief with partial forfeiture of shortfall in notice so that the interest of both parties are safeguarded. Serving of balance notice I don't think your employer will entertain at this juncture.
12th July 2019 From India, Madras
Thank you for your response.
But is it fair for the company to relieve another employee who walked into HR with an offer letter from another company and getting relieved without a single day of serving notice period ?
I am copying the seperation and termination policy here !
tice period for Separation - This contract of employment may be terminated by either Party by giving Two month's notice in writing. The Company reserves the right to, at its sole discretion, substitute the notice period by paying you basic salary in lieu of the notice period. Further, till such time as the Company accepts your resignation letter, you will be deemed to be an employee of the Company and the terms and conditions of your employment will still continue to bind you.
Termination
a. The Company may immediately terminate your services without any compensation or notice thereof if you are in breach of the Business Conduct Guidelines, information security policy, intellectual property violations, confidentiality, and/or other rules and regulations of the Company. The Company shall also be entitled to initiate appropriate legal action for the above breach.
b. The Company is also entitled to terminate your services immediately without compensation or notice upon you being guilty of any misconduct or being convicted by any criminal court, being involved in fraudulent acts, etc or commit any act which in the opinion of the Company is likely to bring the Company any disrepute whether or not such act is directly related to the affairs of the Company;
c. If any Earned leave is due to the employee, Basic Salary in lieu of such leave will be paid, subject to the limits laid down in this respect.
d. On termination of this contract, you will immediately give to the Company, before you are relieved, all correspondence, specifications, formulae, books, documents, cost data, market data, literature, drawings, effects or records, etc. belonging to the Company or relating to its business and shall not make or retain any copies of these items.
12th July 2019 From India, Bengaluru
I did talk to the HR who called me after hearing my complaint through protector line, I met her in person and explained her the situation. Sent email statement as per her request along with requested document. Now she wont pick my call or reply to my email. I have been calling Protector line to check if any response being noted from the employer. So far 3 calls made, and employer has not responded to protector line either.
12th July 2019 From India, Bengaluru
Hi,
Gone through your appointment terms. So you are supposed to serve 2 months notice. At times HR tend take decisions case to case based on work flow, but we may not be knowing what took place behind the screen ? The other employee whom you are referring who got relieved same day might have compensated the company by paying salary in lieu of notice ? Not sure.
The following point as presented by you seems not in favour of you.
""
As per the options provided by HR, I chose to go job abandonment and the same was communicated to her the following day. She requested to send an SMS confirmation on the same. When inquired about the effect of job abandonment on the Full and final settlement, she said "There shouldn't be any issue" and refused to clarify further. ""
You admit that you have decided and confirmed to your HR about your decision of abandonment of job. This they will use as a tump card as a confession from your end.
You may continue to follow through Protector line. Simultaneously try to reach your HR for a solution and resolve it amicably.
12th July 2019 From India, Madras
Yes the other employee did buy the notice period. And he was on PIP too. And he quit 3 weeks after me.
But the question was why would the HR give an option to choose between "job abandonment" and "serving notice period"? She was instigating !! From an HR point of view "Job abandonment is not an option at all" she should have only asked me to serve notice period or face the consequence. Why would she give option and give time till the following noon to respond. Why should the company give me time to resume duty by 19th June and terminate me on 18th and send me a confirmation that afternoon.
I will follow with Protector line as suggested ! But HR has not responded to email or phone call so far.
Thank you for your time.
12th July 2019 From India, Bengaluru
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