Can My Employer Legally Block My Resignation and Reopen a Closed Case in India?

Hi All,

First of all, I have newly joined this forum. I searched the entire internet for help regarding HR-related issues. I guess this is the right forum, and I require seniors' guidance here.

I joined an MNC BPO 11 months ago and performed well in the job. It's a voice process for a US client (credit cards). One mistake I made was submitting the profile (as told by our managers and team leads) when the customer hung up (he was actually busy). The client raised an issue, and I was taken off calls. I received a warning letter, and they tried to move me to another process. The HR team mentioned they did their best to support me and avoid dismissal (audits are done by a specific panel known for being tough).

I heard about other employees making major mistakes but receiving warnings and being moved to different processes instead of being dismissed. I'm unsure if they are telling the truth in my case, as they mentioned I was close to dismissal.

When I discussed this with my parents, they advised me to resign from this organization. I have submitted my resignation (for personal reasons), and they responded by saying:

- You cannot resign
- We might reopen the case and terminate you

They claim they saved me because of my dedication, good behavior, and positive attitude.

I want to confirm legally if once a case is closed, it cannot be reopened to terminate an employee, as this is not accepted in India. (Is this true?)

After 30 days of submitting my resignation, I should be relieved according to Indian legal terms. However, they are reluctant to provide me an accepted resignation letter.

I have a job offer from another company, and they informed me that if I don't get the relieving letter, I should bring my salary slips and appointment letter for joining.

If I join this way, can my current company create problems for me?

I understand they are trying hard to keep me as I am a good performer. However, can an organization pressure an employee to continue working when they express their inability to work anymore?

Is an employer legally justified in trying to frame false cases to prevent an employee from leaving the organization after the employee has submitted a resignation letter?

Can the employer legally reopen a case, closed with a mutually agreed and documented warning, after an employee resigns to prevent them from leaving or joining another reputable company?

I have seen many helpful answers in this forum, so please guide me correctly as this is a crucial step in my career.

Regards,

Hello friend,

This is a case of harassment by the company. If you have received an offer from another company and have informed them about the situation, allow the previous company to terminate you. Please ensure that the company you are joining is informed of the possibility of a termination letter instead of a normal relieving letter.

It is disheartening that despite the emphasis on following best HR practices, we still encounter situations where companies behave like monsters. In this democratic country, you have the right and freedom to work wherever you choose - no one can harm you with such threats.

If the new company is in agreement, proceed to join them even without a relieving letter.

Regards,
Nishikant

Dear friend,

I liked your post. I felt genuineness in your question. Answer these questions:

1. Where are you?
2. Is the new job again in a call center?
3. What is your qualification?

Ideally, to give advice, we also need to know the organization's name, but I won't insist as it will become public.

Siva

Friend,

You have to be very watchful here. Your parent company is on the edge of emotional blackmailing.

Following are the things you can do to stay legally correct and maintain self-esteem:

1. Give the parent company a last chance to understand you.

2. If things still don't work, back yourself up with another job (as you have already done). The most important thing here is that you tell your new employer well in advance of the situation and ensure you both agree on terms.

3. I assume you have the following from your parent company:

- Original Offer Letter - duly signed
- Signed/Stamped Salary Slips
- Any Salary Increment Letter, if applicable
- Any Promotion Letter, if applicable
- Any appreciation letter(s)
- Email copy of your resignation letter
- Form 16/IT Returns, if applicable

4. You must have at least 3 documents from the above list to prove your employment in the future.

5. Since the parent company is not giving a resignation acceptance letter, relieving letter, or experience, they are out of sight.

6. Once you are done, send your resignation via Physical Mail (via Post Office) - I think it is called "registered AD post" and keep the proof with you for the future.

Your honesty, registered AD post, along with 3 documents as discussed in point 4 will make your background verification legitimate with any 3rd party company. However, don't make AD a practice. If your employment history has more than one AD, it will create a greater chance of offer rejection ahead. I hope you got what I am trying to say.

Regards,

Yash

Dear Nishikant, Yash, and Siva,

Thank you very much for the information provided.

1A. I am located in Hyderabad.

2A. Most probably it will be in a call center only.

3A. My qualification is BCA, and I have also done technical courses in computers.

Dear Yash,

I already have these documents with me for proof:

3.1 - Original Offer Letter - duly signed
3.2 - Signed/Stamped Salary Slips (They are not signed but they can be taken only from the Intranet network through centralized HR)
3.5 - Email copy of your resignation letter (I have a typed letter - copy where it has my manager's signature on it)

Apart from these, I am also trying to explain the situation to the new company which I may join. When I talked to them over the phone and explained about what I really used to do in our present organization (e.g., Back up SME, Rostering for cab pick and drops in our department for the entire team, preparing reports - presentations, quality monitoring reports), they were happy. I felt like they were not that particular about the relieving letter. In fact, they also told me while giving me the offer letter that:
"In case your present company is not providing the relieving letter - please bring the last 2 salary slips, the original appointment letter."

So, on the whole, I have enough backup with me for proof. I will talk to this new company to explain completely in a few days.

If there is anything else that I can do, please guide me.

And by the way, Yash... you have given me the complete picture for recuperating my confidence and mental stability. Thank you very much.

:)