Facing Resignation Roadblocks: How to Handle a Boss Refusing to Release Your Certificates and Letters

Hello everyone,

I have a situation at my workplace where I want to resign from my position and have agreed to serve the notice period as per the joining letter. I have not been given any contracts, although there was one when I first joined a couple of years ago which has now expired and not been renewed by my employer or signed by me. However, now when I submitted my resignation letter, he says he will not accept it. He cites reasons like the hike given last year that I did not reject, implying I have virtually renewed my previous contract, which was not specified in the offer letter.

I attempted to maintain good terms with my boss as I had no intention of taking legal action if issues could be resolved amicably. However, he insists on continuing mental distress and asserts that the law will support the company, showing no concern if I pursue legal action. He currently holds my original certificates, causing me significant worry. Due to the constant pressure since my resignation, I am mentally unprepared to continue working for him, prompting me to decide to resign despite having one more month of notice to serve. I seek guidance on the potential worst-case scenarios if I pursue legal action through the labor court or any other available means to address the situation, as I am unaware of the consequences and urgently require assistance.

Throughout my tenure under his leadership, I have not violated any terms and conditions, and he previously recognized me as a critical and exemplary asset, consistently commending me as one of his best employees. However, his demeanor has drastically changed, with verbal attacks and attempts to discredit me among other employees, portraying me as unprofessional or unethical. Despite my confidence in my dedication to work and adherence to administrative standards, their aggressive communication instills fear in me.

Dear member,

The information that you have shared is personal. Therefore, please make your post "anonymous."

Employer's Reaction to Resignation

Your employer gave you a raise. However, it seems that he expected you to stay for a certain period. After you submitted your resignation, he feels let down because he couldn't recover the excess payment he made to you. His concern is solely about money.

Surrendering Educational Certificates

You mentioned surrendering your educational certificates to him. Did you both agree on the terms for returning the certificates?

Legal Concerns and Employer's Statements

Regarding your employer's statement that he believes every law supports the company and he doesn't care if you take legal action against him, this is baseless. Don't give it much credence. Perhaps he assumes the law is ineffective in India, but that is not the case. Remind him of recent events like the sealing of Manyata Tech Park by BBMP in Bangalore. Once the dues were settled, the park reopened. So, do not be alarmed by his threats.

Seeking Legal Advice

Your situation is intricate. It may be wise to seek advice from a professional lawyer and consider filing a police complaint. Please inform us of your job title and the number of employees under your supervision. This information will help determine if the Industrial Disputes Act, 1947 is applicable in your case. If it is, you can also lodge a complaint with the labor office.

Thanks,

Dinesh Divekar

Thank you so much, Mr. Dinesh Divekar, for your precious time to respond. After the lockdown started due to COVID in March 2020, almost every employee left, and I, along with a couple of other folks, were left. He hardly provided any work or paid us, but I never stopped working for him as I was serving the notice period. I had no option to leave (since it would be a breach of contract), and my interest in work forced him to give me as much work as possible. I have to say I received my first hike only after 1.9 years of joining the company, even though he promised a hike every January (when I joined). I didn't care about money, and I took pleasure in whatever work he threw at me because I needed all this experience to get myself placed in a very good position in a different company (I had my career properly scripted until then). But now, when I put up my resignation mail, he turned the tables, and I couldn't believe the way he started responding to me regarding this.

As you have asked, this company hardly has any employees, and there is officially no one reporting to me, nor am I involved in any client projects or anything. I can clearly say I don't have any dependencies. After the lockdown, when every other employee left, as of today, there are only 6 employees (that I know of), including me. Among them, 3 members only joined very recently via some family reference.

From the day I put my resignation, I am being put up with constant mental pressure, especially when he calls me in some group calls and tries to shout at me or says I'm so unprofessional at work and other things. I'm fed up and decided not to serve the rest of my notice period too because I'm mentally not fit to even work for a single day.

I constantly approached him to allow me to leave after the notice period I mentioned in my resignation email, but he says he cannot approve, and I can only leave on the day he mentioned in the response (which is after 6 months). My only worry is that he holds my original educational certificates and then my experience and relieving. If I can get back my original certificates, at least I will work hard to find a new job that will accept my expertise over the proofs of employment.

From the way he talks, I was really worried to take any action, although every day working for him seems like a nightmare to me. I just want to know what is the ultimate worst case of quitting like right now from today? If it is only that I might have to pay him for the rest of the notice period, I am ready for that. I just want to come out of this toxic work environment.

Deeply appreciating any help. Thank you.

It appears that the boss wants to smoke you out, i.e., make the conditions so difficult that you voluntarily abscond, giving him a reason to harass you further. It is insulting and intimidating to work in such an environment. Probably your boss also feels that there is no future at this workplace, so he is trying to play mental games. All his talks about manipulating the legal system to suit him are empty threats and are only meant to dissuade you from resorting to it.

The contention that since you didn't reject the wage hike given last year, you have renewed the contract of appointment impliedly is without any legal force. Such presumptions would not lie automatically unless there are clear provisions for it. Having worked some part of the notice period, how much time of the notice period is left? As reported by you, the situation is becoming unbearable day by day. Probably, you could consider 'giving him back', which would mean replying to him in the same tone and tenor, giving him a scare. Once he finds that you will not succumb to his threats, perhaps some sense will prevail in him. At any rate, don't allow the self-humiliating situation to prevail.

You may start recording the meetings and collect evidence of the inimical attitude of the boss; this would be helpful in the future. If required, be prepared to take up the matter with the labor authorities, so do the required homework like collecting the office location and preparing the documentation. You may try to visit the office if time permits.

Hi @KK! HR, I'm done with 3 weeks of my notice period already, and at the same time, client projects have all come to an end. There are no dependencies for me that he could claim either. I could have easily continued the rest of my notice period without any problems, but the kind of pressure due to the isolation and insult in my workplace is hurting my head badly. I'm not able to concentrate on whatever I am asked to work on; therefore, I don't see any meaning in continuing the notice period as well. I feel like I'm done. So, I wanted to acquire some knowledge from experienced people here before proceeding with further steps, which might get uglier considering his earlier responses towards my resignation. I am concerned about whether he can fabricate unfit cases against me just to put me in more trouble or make my life difficult.

If this was not a serious matter for you, I would be laughing at it as a joke.

Understanding Employment Contracts and Bonds

First, you are free to leave your employment at any time, and no bond or contract has validity except where the company has spent a certain amount on training you (formal training, not on-the-job training or that given by your own superiors in the company), and the bond/work contract is to recover the cost of training.

Legal Invalidity of Implied Contracts

Second, there is no implied contract, and all such contracts are invalid under Section 27 of the Indian Contract Act. There are enough court decisions on it; one was shared in a post earlier by Dinesh-ji.

Legal Support for Employees

Third, all laws will support you, and none will support the company.

Handling Educational Certificates

The only major problem is that you have given him your educational certificates. That is something you should never do. Anyway, if you know he will not give it back, you may as well walk off now. But before you go, document the harassment he has meted out, especially if he has put anything on SMS, WhatsApp, or email; make sure you have copies.

Using Digi-Locker for Certificates

If you use Digi-Locker of the Government of India, you can get authentic digital copies of your educational certificates. Now most universities have their system of getting duplicates through online applications (but you need to check with your university). Most employers wouldn't bother with originals if you have Digi-locker.

Filing a Police Complaint

You can then file a police complaint (FIR) against your employer for holding back your certificates. One call by the police would generally have him on his knees. If you have any contacts in the police, that would help. Else go to the nearest political party office you trust and tell them how you are harassed. Most of them have cells to help you out.

If you can avoid these, it's better. Just get duplicate certificates and go ahead to your next job.