First of all I have newly joined in this forum. I searched entire internet for help regarding HR related issues. I guess this is the right forum and I require Seniors guidance in this forum.
I joined an MNC BPO 11 months ago and did well in the job. It's a voice process for US client (credit cards). One mistake what I have done was submitted the profile (as told buy our managers and team leads) when the customer hung up (actually he was busy). The client raised an issue for this and I was taken off calls. They issued me a warning letter and tried to put me in some other process. The HR team said that they tried their level best to support me by not getting dismissed (where the audit is done by a specific panel and they are tough).
I overheard about some other employees where they have done even major mistakes but they were also given warning and have put them other processes and not dismissed. I am not sure how far they are speaking truth in my case as they where telling me that, I was about to get dismissed.
In anycase when I discussed this with my parents, they told me to resign from this organization. I have put down my papers for resignation (due to personal reasons) and they started to say that
- you cannot resign
- we can re-open the case and terminate you
They say that we have saved you because you were dedicated to work, behaved good with others, every time I was positive.
I would like to confirm this - legally speaking once the case is closed they cannot re-open again and terminate an employee as this is not accepted on legal terms in India. (Is this true?)
Now that I have put down my papers for resignation after 30 days I will stand relieved (according to the legal terms in India). However they are not willing to provide me accepted resignation letter.
I approached another company and cleared interview and got an offer. They also told me that if I am not getting my relieving letter, bring salary slips and appointment letter for joining.
If I join in this way, does the present company can create any problem for me?
I know that they are trying their level best to stop me as I am a good performer at work. But when an employee says that he cannot work any more, can the organization pressurize me to work with them like this?
If the employer legally justified if he/she tries to foist false cases and implicate the candidate to restrain him/her from leaving the organization that too after the candidate submits the resignation letter.
Is the employer legally justified to re-open a case which was closed with a mutually agreed and documented warning, after the candidate submits the resignation from the organization to restrict him/her from leaving the organization or to spoil the chances of the candidate to join the services of a MNC of good standing.
I have seen many good guidance answers in this forum, so please guide me in a correct way as this is my first step in career.
12th February 2008 From India, Hyderabad
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