Hi all
I am writing for my friend who works for a small s/w company in bangalore.The company is run by non-technical management and hence the policies are entirely different.He want suggestions on the following topics
1.If an employee resigns,the management will ask him to stay back and if the employee refuses and wants to go ahead with the decision the management will warn him / releve him by giving a bad performance letter.This happens even if the performance of the employee is excellent in the company.
2.They are also asking 2 months gross salary(can this be gross??)
Do we have any rules to avoid/face the above said happenings??
From India, Bangalore
I am writing for my friend who works for a small s/w company in bangalore.The company is run by non-technical management and hence the policies are entirely different.He want suggestions on the following topics
1.If an employee resigns,the management will ask him to stay back and if the employee refuses and wants to go ahead with the decision the management will warn him / releve him by giving a bad performance letter.This happens even if the performance of the employee is excellent in the company.
2.They are also asking 2 months gross salary(can this be gross??)
Do we have any rules to avoid/face the above said happenings??
From India, Bangalore
WHETHER OFFER LETTER WAS GIVEN TO YOUR FRIEND? iF SO IS THERE ANY CLAUSE IN IT FOR PAYMENT OF 2 MONTHS OF WAGES IN CASE OF RESIGNATION/REMOVAL WITH OUT PRIOR NOTICE. IF NO SUCH THING IS THERE YOUR FRIEND IS NOT LIABLE TO PAY ANY AMOUNT. IF SUCH THING IS THERE YOUR FRIEND IS LIABLE TO PAY AMOUNT ONLY IF HE HAS NOT SERVED PRIOR NOTICE. FURTHER, HE CAN GO TO THE COURT ABOUT THREATENING NATURE OF THE MANAGEMENT. SUPREME COURT AND OTHER COURTS HAVE GIVEN JUDGMENTS THAT THE EMPLOYEES' HAVE RIGHT TO JOIN IN ANY COMPANY AND EMPLOYER CAN NOT RESTRAIN HIM. IN CASE THE EMPLOYER THREATENS HIM THEN ASK HIM TO GO TO COURT USING ART 226.
From United States
74From United States
the two months things is there in the offer letter so we cant do anything abt it... But on considering the first point just telling them abt ART 226 is enough??
From India, Bangalore
From India, Bangalore
If two months clause is there he can give notice and resign so as to avoid payment. If he intends resign before he has to pay the amount. After giving notice it is his right to take reliving letter. whether it is really essential for him to have the relieving letter. In which company he wants to join. If it is PSu it is mandatory. If it is private it is not mandatory as experience can be counted using appointment letter and pay slip. If at all it is mandatory then he can sue in the court that the employer is harassing him with out issuing the relieving letter using article 226 of the constitution to which he has to consult advocate.
From United States
From United States
Do u mean Article 226 of Constitution of Inda?
It talks about "Power of High Courts to issue certain writs", no where in the Constitution of Inda taks about releiving letter of an employer to the employee.
Employment Contracts should normally have procedures for employee separation, with a minimum notice period. It is good and fair practice employer expects from every employee that he/she should adhere to, to make the employer to manage his show in his business. Smooth transition from one employment to another is always recommended and we should uphold the practice. But no lefislation for this sofar.
There is no law to justify for return of drawn salaries, such practices are unfair.
Giving "Bad releiving order" will surely disrepute the company which is giving that, you don't worry about it present it to the new employer and tell the fact.
Chennai.Ibrahim
From India, Hyderabad
It talks about "Power of High Courts to issue certain writs", no where in the Constitution of Inda taks about releiving letter of an employer to the employee.
Employment Contracts should normally have procedures for employee separation, with a minimum notice period. It is good and fair practice employer expects from every employee that he/she should adhere to, to make the employer to manage his show in his business. Smooth transition from one employment to another is always recommended and we should uphold the practice. But no lefislation for this sofar.
There is no law to justify for return of drawn salaries, such practices are unfair.
Giving "Bad releiving order" will surely disrepute the company which is giving that, you don't worry about it present it to the new employer and tell the fact.
Chennai.Ibrahim
From India, Hyderabad
IF the employer says he wont releave the employee and threaten the employee that even if they releave they will be given a bad releaving letter ..what can we do??
From India, Bangalore
From India, Bangalore
dear Ibrahim
I want to clarify the matter. Why a writ is issued. Suppose you have been terminated unfairly and you are a management employee. ultimately you can not go to to ALC and raise an Industrial dispute. Hence the legal Recourse that is available is to urge the High court to isssue writ of mandamus to give directions to management to maintain status quo and set aside dismissal order until legality of termination is judged. You can refer n number of such cases in the judgements deliverd by Courts. Hence the Constitution has empowered the High Court to issue writ of Mandmaus, prohiobhition, cerario to order certain parties to do or not to do some thing until judgement is delivered.In the instant case the subject employee is not getting reliving letter and the employer is threatning him that he will issue a bad releiving letter. In such a scenario the only option that is available is to go to high court for getting the necessary direction. I think this may clarify your doubt. :oops:
From United States
I want to clarify the matter. Why a writ is issued. Suppose you have been terminated unfairly and you are a management employee. ultimately you can not go to to ALC and raise an Industrial dispute. Hence the legal Recourse that is available is to urge the High court to isssue writ of mandamus to give directions to management to maintain status quo and set aside dismissal order until legality of termination is judged. You can refer n number of such cases in the judgements deliverd by Courts. Hence the Constitution has empowered the High Court to issue writ of Mandmaus, prohiobhition, cerario to order certain parties to do or not to do some thing until judgement is delivered.In the instant case the subject employee is not getting reliving letter and the employer is threatning him that he will issue a bad releiving letter. In such a scenario the only option that is available is to go to high court for getting the necessary direction. I think this may clarify your doubt. :oops:
From United States
Hello Arindam
I agree with Ibrahim to an extent.
If an employee is not ready to continue working in any company, the employer cannot enforce an individual to stay there.
However, please understand the reason why a company lays down policies on notice period. When an employee is assigned work, he/she is being depended upon for completion of the same tasks.
If he/she decides to leave the organisation, he/she is leaving work unfinished. The company does need some time to find a new resource to take over unfinished work and come up to mark.
Many a times, companies incur heavy costs on training employees in initial days of their work, and "pay" the employees to get trained, the cost of which can be evened out only over a span of few months depending on the productivity of that individual!
Moral of the story, you are important to the company no matter what the representative of the comapny says.
If your friend is not keen on serving the notice period, he can buy-out his notice period.
And like Ibrahim rightly said, if your friend recieves a bad releiving order, he can be honest about it at his new place of employment. I'm sure the recruiter will understand.
Regards
Nayana C
From India, Pune
I agree with Ibrahim to an extent.
If an employee is not ready to continue working in any company, the employer cannot enforce an individual to stay there.
However, please understand the reason why a company lays down policies on notice period. When an employee is assigned work, he/she is being depended upon for completion of the same tasks.
If he/she decides to leave the organisation, he/she is leaving work unfinished. The company does need some time to find a new resource to take over unfinished work and come up to mark.
Many a times, companies incur heavy costs on training employees in initial days of their work, and "pay" the employees to get trained, the cost of which can be evened out only over a span of few months depending on the productivity of that individual!
Moral of the story, you are important to the company no matter what the representative of the comapny says.
If your friend is not keen on serving the notice period, he can buy-out his notice period.
And like Ibrahim rightly said, if your friend recieves a bad releiving order, he can be honest about it at his new place of employment. I'm sure the recruiter will understand.
Regards
Nayana C
From India, Pune
Dear mravimtnl,
You are confusing yourself between Govt employment and private employment. I am law graduate practicing HRM. Pls clarify all your doubts with some legal experts. Kindly correct your facts before publishing in the forum as it may mislead our colleagues. :)
Regards
Chennai.Ibrahim
From India, Hyderabad
You are confusing yourself between Govt employment and private employment. I am law graduate practicing HRM. Pls clarify all your doubts with some legal experts. Kindly correct your facts before publishing in the forum as it may mislead our colleagues. :)
Regards
Chennai.Ibrahim
From India, Hyderabad
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