Resigned but Facing Termination Threats: Is This Legal and What Should I Do?

Hi all, I am working in Sales for a company and recently I received another job offer. After consulting with my reporting manager, I have submitted my resignation. However, now his manager is saying that I will not be granted a release, and if I leave, it will be considered termination.

Legal Implications of Resignation

Can the company legally do this? If so, what issues might I face?

Thank you.

I have received the approved copy of your resignation letter from your manager. If you have it, you can leave the company confidently. There will be no termination or legal issues for you. (Don't forget to obtain your experience letter.)

If you have not received the approved copy of the resignation letter from your manager, simply inform them that an employer should not force an employee to work against their will. You have the option to approach your employer or the labor officer in your area.

Do not worry! Stay calm and strong.

When Can an Employer Terminate an Employee:

An employer can terminate an employee when the employee engages in illegal activities (refer to the Industrial Dispute Act). In such cases, the employer must issue a show-cause notice, a memo, or suspend the employee, and the employee should respond to the notice with their side of the story. If the reasons provided are not satisfactory, the employer can proceed to a formal hearing with legal representation. Only if the illegal activity is proven can the employer terminate the employee.

Otherwise, an employer cannot terminate an employee by simply issuing a termination letter.

So, no need to worry. Arrange for your belongings accordingly.

Thanks and regards,

Prakash Perumal.

Maybe the company you have resigned from is facing a situation where your inputs are valuable, and perhaps you have not realized it. Maybe the lure of a good salary is tempting you to move on. In this case, where your boss's boss is unwilling to let you go, I presume it is some kind of a setup with multiple layers of supervision, as in an IT or ITES. Talk to the main guy and ask for a promotion or a better salary compatible with what you are being offered. Make it deadline-based. Also, refer to the previous input on the Tribunal front. In India, there is no such thing as "bonded labour" like in many other countries, even though many people do resort to it. So, speak professionally and legally, but do not bring in legalities initially. Tell him that you are resigning because you do not intend to work anymore with this organization. It is simple and straightforward, and no one can compel someone to work against his/her will. Get your resignation letter acknowledged and also meet the Head of HR in the company. They are more knowledgeable about legalities and would prefer to avoid them at any cost. If you play your cards right, the big boss will buckle under pressure as he is wrong, and there is no bond/bonded labour here.

While doing all this, keep the new company informed on every aspect. That will be helpful later on in case the old company publishes your photo in the newspaper. Some companies are doing this nowadays, although it is highly objectionable, questionable, and illegal unless approved by an appropriate legal authority.

Happy successful New Year.

Regards,
Saurav Das

Understanding Notice Period Obligations

May I know what your company's notice period is? According to the company's notice period policy, you must work without fail. If you fail or refuse to serve the notice period, it is illegal. They may have the right to terminate you; however, if you work the entire notice period, they don't have the right to terminate you.

For this, you should have proof, for example, the email you sent to the HR department or a written acknowledgment stating they received it. If you have these proofs, whether they accept it or not, it automatically indicates that the resignation is accepted.

"You should work the notice period without fail."

Regards,
Murali

Employment Termination and Salary Issues

I was working in a sales company for 10 months. For the first 7 months, I performed well due to good sales performance. However, the last 3 months were not as successful, so I decided to resign by submitting a resignation letter. They requested a 2-month notice period, and I had completed 1 month of that notice when they changed my fixed salary to a slab structure, which I agreed to. However, they then changed my shift from day to night, which I refused to accept. As a result, the director asked me to leave for the day, mentioning that HR would contact me. HR, however, did not reach out to me. When I contacted them, they informed me that I had been terminated and that I would receive my salary and documents six months later.

Now, six months have passed, and HR is stating that I will receive my salary but not any documents. If I wish to discuss this matter, I am instructed to speak with the director. What steps should I take in this situation?