Stuck in a Job Due to Employer's Mistake: Can We Take Legal Action to Help My Sister?

My sister is working in a BPO. She submitted her resignation letter on 1st August to leave on 1st September so that she can join another company whose onboarding is scheduled for 8th September. Her notice period is 30 days as per the offer letter, with an option for early relieving by adjusting one month's pay, as stated in the letter. However, when we requested early relieving, they declined, citing project demands, insisting she complete the full 30-day notice period. We agreed to comply.

Unfortunately, my sister lost her ID card a week before her relieving date. She received a temporary ID that cannot be used for attendance due to it not being a biometric card. This issue was supposed to be handled by the Team Leader. Despite being marked present on 25th and 26th August, she was deemed absent for the following three days and labeled as absconding from the backend without any notification to her. Consequently, they restricted her access to company resources, leading to the forced withdrawal of her resignation. The Team Leader mentioned that he would rectify the error and provide the relieving within one day.

Legal Action and Potential Steps

If the company is intentionally obstructing her from moving to another job, can legal action be pursued based on the circumstances described? Technically, she has completed her notice period, and the mistake originated from their end. What potential actions can be considered in this situation? Please offer suggestions as my sister's future prospects are being jeopardized by these events.

Understanding Appointment Letter Clauses

Appointment letter clauses are important. If they have mentioned payment in lieu of notice, then they need to accept it legally. If they are not ready to accept it, you may proceed with legal concerns.

Legal Rights Under the Employment Standing Order Act

According to the Employment Standing Order Act, Section 16 (if an employee falls within the definition of workmen), every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge, or retirement from service.

Regards

Please ask your sister if she has a copy of the resignation letter she gave to the HR/Reporting officer. One thing to note: Does she have any official email printouts from the days she was absent or marked as absconded from the system? Once these questions are answered, I'll be able to help you with your query.

Regards,

Before taking any other steps, I would suggest she meet with her top brass to explain the entire situation and seek their guidance and help. No employer can force an employee to continue in a job against their will and wishes. Let this meeting take place in a calm manner. If you feel it's appropriate, you may also accompany her as support.

I am hopeful that things will be settled.

Regards,
S.K. Johri

Dear Vineet,

a) Your sister has resigned. Has she received any form of acknowledgment in writing, such as obtaining a receipt signature on a duplicate copy, an email acknowledgment, or an Internal Office Memorandum (IOM) remotely mentioning her resignation? Please retain a hard copy of any such acknowledgment.

b) According to your information, her attendance was marked until the 24th of August. You also mentioned that she desired early relieving. Was this request provided in writing? If so, it should be processed as an early relieving with proper documentation.

c) Has she formally informed the company in writing about the loss of her ID card? This could justify any unmarked attendance.

d) Kindly send a letter by Registered/Speed post to request the management for Full and Final (F&F) settlement, expressing gratitude to all involved.

If further information or clarification is needed, please communicate accordingly.

Regards,
Virendar Matta

First of all, if your sister was handed a temporary ID card, then the person who handed her the temporary card will have her entries recorded, and she must have signed all of them, providing proof of her presence. If she has completed her notice period, they cannot deny her dues and letters.

Assuming that your sister has a signed copy of the acceptance of her resignation and the early relieving letter, then legally, no one can stop her from receiving her dues and letters. If she feels that the team leader cannot be trusted, she should approach higher authorities with evidence and email them. Sending a registered letter to HR will provide her with proof, and they will be obligated to provide the salary and letters.

Regards,
Ashutosh Thakre