I am working in an IT company. I was recruited through a campus drive during my undergraduate days and signed a three-year employment contract. It has been two years this month. For some personal reasons, I want to resign from this job lately.
I am being denied my resignation, even though I am ready to pay the compensation, which is around 3 lakhs as per the contract. The operational head of this offshore is the one handling these activities since the previous senior HR manager resigned. He used to ill-treat me when I approached him in person and did not respond to my emails regarding the same. When I spoke with him recently, he asked me to abscond and stated that he would not provide me with the formal relieving letter at any cost.
Can anyone help me figure out how to approach this issue now? If I signed a contract, does that mean I am not eligible for resignation?
From India, Chennai
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I am being denied my resignation, even though I am ready to pay the compensation, which is around 3 lakhs as per the contract. The operational head of this offshore is the one handling these activities since the previous senior HR manager resigned. He used to ill-treat me when I approached him in person and did not respond to my emails regarding the same. When I spoke with him recently, he asked me to abscond and stated that he would not provide me with the formal relieving letter at any cost.
Can anyone help me figure out how to approach this issue now? If I signed a contract, does that mean I am not eligible for resignation?
From India, Chennai
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Legal Steps for Addressing Employment Contract Issues
If the contract states that you are liable for early discharge with adequate compensation, then you are entitled and can force the issue by taking it to the arbitrator. Look up a good lawyer and immediately press charges against your company and the acting HR Manager in person. However, first, all conversations from you to him and vice versa should be recorded. I have always maintained that in all legal issues, evidence is what matters.
Steps to Communicate Effectively
1. Be very polite (on paper) when forwarding any request.
2. Take note of every reply and save it for future use.
3. Should someone not reply, create a history of your written reminders and the subsequent refusal to reply by the HR manager either in writing (which no sensible manager will do) or record the fact that he hasn't replied with your next reminder, mentioning that you await the reply to your original letter dated... ref... etc. This can be through email, a written letter delivered in person, or through registered post with acknowledgment due. With tougher individuals, it is always good to correspond with Regd. A/D.
4. Once you have enough evidence on record, approach a lawyer for redressal of grievances through the courts.
5. In some cases, putting pressure on the HR Manager, making him personally liable for denying a fair and rulebook request, thereby showing his intention of victimization for personal dislike, also helps put the erring personnel on the mat and create that extra bit of pressure.
6. When the matter gets too hot, even a company that defends its top gun will gladly drop him like a hot potato, fearing loss of reputation and legal hassles.
All the best.
From India, Delhi
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27If the contract states that you are liable for early discharge with adequate compensation, then you are entitled and can force the issue by taking it to the arbitrator. Look up a good lawyer and immediately press charges against your company and the acting HR Manager in person. However, first, all conversations from you to him and vice versa should be recorded. I have always maintained that in all legal issues, evidence is what matters.
Steps to Communicate Effectively
1. Be very polite (on paper) when forwarding any request.
2. Take note of every reply and save it for future use.
3. Should someone not reply, create a history of your written reminders and the subsequent refusal to reply by the HR manager either in writing (which no sensible manager will do) or record the fact that he hasn't replied with your next reminder, mentioning that you await the reply to your original letter dated... ref... etc. This can be through email, a written letter delivered in person, or through registered post with acknowledgment due. With tougher individuals, it is always good to correspond with Regd. A/D.
4. Once you have enough evidence on record, approach a lawyer for redressal of grievances through the courts.
5. In some cases, putting pressure on the HR Manager, making him personally liable for denying a fair and rulebook request, thereby showing his intention of victimization for personal dislike, also helps put the erring personnel on the mat and create that extra bit of pressure.
6. When the matter gets too hot, even a company that defends its top gun will gladly drop him like a hot potato, fearing loss of reputation and legal hassles.
All the best.
From India, Delhi
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After a two-week-long oral conversation, I have emailed our director stating certain issues and asked him to accept my resignation. He replied, stating that my resignation is not accepted as per the employer's discretion within my service agreement period. Is it true? How can I proceed now? This drives me really crazy, and I can't be peaceful. Please help with this.
From India, Chennai
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From India, Chennai
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Clearance is your right as an employee. If you have resigned, you have already initiated a termination of employment with this employer. As a young lad suggested, speak to a legal expert with the employment letter and every communication you have had so far. Keep it very courteous, but send them a registered letter stating the end date of your service. Offer them complete support for knowledge transfer. Mention clearly that you are ready to pay off your dues and need the release document on your last day of work. There is nothing more they can do after that, other than providing negative feedback for any employment verification they receive about you. Hence, please be proactive and discuss your case honestly with every potential new employer. Wishing you all the best!
Regards
From India, Mumbai
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Regards
From India, Mumbai
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Understanding Employment Contracts and Resignation
Thank you so much for the solutions. I am moving forward by writing them on a daily basis. I also wonder how the law is favorable to organizations when they quote almost a year's salary as compensation (which is 3 lakh in my case). Just because I have signed the contract, do I need to owe them my hard-earned salary for the year?
Regards
From India, Chennai
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Thank you so much for the solutions. I am moving forward by writing them on a daily basis. I also wonder how the law is favorable to organizations when they quote almost a year's salary as compensation (which is 3 lakh in my case). Just because I have signed the contract, do I need to owe them my hard-earned salary for the year?
Regards
From India, Chennai
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I would also suggest following Robin's suggestion. How is the law being favorable to organizations as they are quoting almost a year's salary as compensation attribution? https://www.citehr.com/showthread.php?t=497571 <link fixed>.
Raj: Did you not read the terms before joining? I know most people think, "Abhi to Job lay le baad ki baad mei dekhi jayegi" - I think this attitude is not correct. If you see something unethical, do not go with it. Those companies will not get good talent and will eventually have to change their policy. Are you going to join any MNC or reputed company in the near future? The reason behind such terms is that companies invest their time and money in training (sometimes reworking on the work done by freshers). Most of the time in MNCs, freshers may take 5-6 months to start giving output.
From India, Mumbai
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Raj: Did you not read the terms before joining? I know most people think, "Abhi to Job lay le baad ki baad mei dekhi jayegi" - I think this attitude is not correct. If you see something unethical, do not go with it. Those companies will not get good talent and will eventually have to change their policy. Are you going to join any MNC or reputed company in the near future? The reason behind such terms is that companies invest their time and money in training (sometimes reworking on the work done by freshers). Most of the time in MNCs, freshers may take 5-6 months to start giving output.
From India, Mumbai
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Refunding Training Expenses and Employment Bonds
If the employer spent money on your training, specifically on you individually, they can ask you to refund the training expenses, but only proportionate to your served period and not the unserved period. No one can ask for 3 lakhs. You can refer to the case below, which has dealt with these points very clearly.
No employer can force someone to work for them by making them sign any bond, as that would be a violation of the fundamental right as per Article 19(1)(g) - freedom to work in any place, and Contract Act 27 - restraint of trade is invalid.
https://drive.google.com/open?id=0Bx...k5xTEx6eDFmbGc
https://drive.google.com/open?id=0Bx...jJQSE1ZdHYyMzA
https://drive.google.com/open?id=0Bx...VRnMEVfcFZ6ekk
From India, Salem
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If the employer spent money on your training, specifically on you individually, they can ask you to refund the training expenses, but only proportionate to your served period and not the unserved period. No one can ask for 3 lakhs. You can refer to the case below, which has dealt with these points very clearly.
No employer can force someone to work for them by making them sign any bond, as that would be a violation of the fundamental right as per Article 19(1)(g) - freedom to work in any place, and Contract Act 27 - restraint of trade is invalid.
https://drive.google.com/open?id=0Bx...k5xTEx6eDFmbGc
https://drive.google.com/open?id=0Bx...jJQSE1ZdHYyMzA
https://drive.google.com/open?id=0Bx...VRnMEVfcFZ6ekk
From India, Salem
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf