Hello!
I have worked for more than 5 years at a salary and designation that does not match industry standards. I had joined at a very low package and all subsequent increments that happened was based on my low CTC due to which my remuneration does not justify the kind of role I perform. All this while I have been given false promises and I kept waiting patiently for something good to happen. I was due for promotion and a rationalization in my salary since a very long time now but was very disappointed when I got the recent increment letter which was nowhere near my expectation. Due to shortage of manpower for years now, I have been working with tremendous work pressure and tired of working more than my shift time, working on weekends and even when I am on leave. During my tenure of work I had received lot of appreciation emails and I was considered as backbone of the department and now when I lost my patience and with my decision to move on, all of a sudden things have changed.
Considering stress I had finally decided to resign. I had sent a grievance email to the superiors and waited for a couple of weeks. When I saw nothing is happening, I finally resigned in the company portal with immediate effect quoting health issues with willingness to take deduction in basic salary for shortfall days in lieu of my notice. I had ticked "No", in the option provided for serving notice period but My manager changed it to "Yes" and inserted a three months later date in the last working day column. I have done all the online exit formalities on the portal. Now when I went to the head office for asset submission and carry out the remaining formalities, the company is not relieving me and forcing me to give handover and notice period. There is a contract employee working with me since more than 2 years now in the hope that the company will acquire him on rolls but all he got is an extension of contract. Being my subordinate, this guy knows all the work that I used to do and hence there is no need to give handover. It looks like the company wants me to clear the workload in the name of giving handover until they find my replacement.
All the online exit formalities have been done which is approved in the company portal (with a last working day of next three months which I have not agreed to). Now the company is not accepting my laptop, phone and other assets and are not willing to relieve me and are forcing me to give atleast one month notice and handover which is not at all required as the contract employee and my manager knows all the work that I used to do. I gave them an option that I will be available one full day in the office to help and assist with all doubts that they may have but still I think it may not be useful and they will still keep insisting me to come to office. I need to put an end to all this as fast as possible so that I can get some peaceful time for myself for relaxation.
With huge amount of mental and physical stress, I am at a point of frustration that I dont even mind company terminating my services. I need your views and thoughts on how should I tackle this situation. Kindly advice.
Thanks you for your time.
PS:
Appointment Letter says:
After confirmation, cessation of employment by either party will be by giving three months notice. The company may at its discreation pay basic salary in lieu of such notice.
Confirmation Letter and all subsequent Increment Letters says:
All other terms and conditions of your employment remain unchanged.
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Dear friend,
It is discernible from your lengthy post that your long brewing discontentment culminated in your sudden decision to quit the job instantaneously. However, you should not have lost sight of the terms relating to the unilateral termination of the contract of employment. Acceptance of resignation by the employer, ipso facto, does not mean its automatic implementation, very particularly with the specific mention of the last working day on the expiry of the following third month as per the already mutually agreed termination clause.
In employment matters, one should be more rational than emotional. When the employer had come down with a concession of one month notice, such a good offer should never be refused by the employee on fastidious considerations.
No one can give you better advice than yourself. Therefore, take a decision conducive to your future career.
Thank you so much for your reply.
I hope you have understood my case. One has to be allocated with a manageable workload especially when the salary is low and with the kind of work I have been doing, I feel like a victim of work exploitation.
I have always extended my best efforts to perform in the organisation with best of my abilities. My decision to resign is not because I have got another job or have another offer elsewhere, it is only because I am extremely disappointed. I am under so much of stress and due to my disappointment, I am unable to concentrate on work and therefore do not wish to continue as I desperately need peace of mind and time to relax. I have made up my mind to an extent that I am even ready if the organization decides to terminate my services.
Since the company is not willing to accept my immediate resignation, I wish to understand what monetary and career consequences I can face if I go absconding (my dues towards working days, leave balance, LTA, PF, Gratuity etc) or what will happen if the company decides to terminate me.
Thank you.
Having managed or pulled on for 5 years, just run the last lap and clear your exit by serving the notice period and exit with clean chit.
Dont think of absconding or exit without papers as new employer will ask for previous work details.Take a calm decision and do what is right for your career development.Emotional exits will be having consequences at later date.
Advice above by Shri Umakanthan is valid and correct to the core.
Thank you for your advice.
I know I am getting emotional here. If I had to listen to my brain then I agree to your advice considering my career prospects but seriously... my heart does not even want to enter the facility after facing so much of non-cooperation and considering the non-employee-centric management thoughts.
I had been so much patient and determined in anticipation for years but now because the management not showing any kind of recognition, empathy and support, I get irritated quickly that shows up on my face and body language which does not allow me to concentrate and perform any more. I asked about absconding because I am in a very disturbed state of mind and may take a hasty emotional decision and therefore would urge if you can let us know the consequences if I deny serving notice period.
Thank you Mr.Umakanthan and Mr.Nathrao for your valuable advice.
"I deny serving notice period."
The new employer may get negative feedback from this employer.
If proper papers are not there covering your work period, a kind of gap will arise in your CV.
While it is easy to advice, I still will say pull on for notice period and leave with documentation and all your financial benefits.
Finally you are the best judge- you take decisions and become responsible for the decisi0n.
Best of luck.
Thank you once again.
I understand negative feedback from present employer to new employer. Other than this, will there be any other consequence like a legal notice or non-clearance of my Dues/PF/Gratuity for a prolonged period of time or any other consequence? Sorry to bother you. Would appreciate if you can shed some light on it.
Mostly I will somehow convince myself to serve notice which is the right decision to make professionally but I really dont know whether I will be able to do that. Incase such a situation arise, I needed some advice if my Dues/PF/Gratuity will affect in any way.
Thank you.
Hi
Please do not get emotional as it is your career and this phase will pass within no time. Try to follow what the learned members had suggested as it seems the best option available for your career sake.
Thanks and Regards
Thank you for your advice.
Happy Dusshera to all members of this group.
I understand and agree the right way to go... as suggested and advised by all and I am thinking positively on that. However, one question of mine is still unanswered and appreciate if someone can shed some light on it.
My dues with the company is one part which I know can be held or delayed based on several factors such as notice period, notice pay clause etc but PF/Gratuity is another part. As a part of general knowledge I really wish to know if PF & Gratuity can be held by the company or will there be any delay in releasing the said amount as I believe the amount of PF is with the government (self and company contribution) and Gratuity is for loyalty which is calculated based on basic pay and tenure.
Eagerly awaiting a reply.
Thank you.
Dear friend,
Your gratuity has to be paid to you or deposited with the Controlling Authority under the Payment of Gratuity Act,1972 within 30 days in case of any dispute thereof once the termination of your Employment is confirmed. Therefore, no need for any worry about it.
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