I have resigned from my company, but now after completing 50% of the notice period (90 days), the organization has put forth a condition that my resignation would be accepted only under the following two conditions:
- Completion of the 90-day notice period
- Clearance of all outstanding amounts from clients (which is a significant sum)
The collection of this amount was never a part of my Key Result Area (KRA) throughout my tenure, nor was it included in my original appointment contract.
Clarification Required
I require clarification on the following points:
- Can the company prevent me from leaving?
- Can I be compelled to continue employment based on the aforementioned conditions?
- If I depart after completing my notice period, can the company withhold my relieving letter?
From India, Jaipur
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- Completion of the 90-day notice period
- Clearance of all outstanding amounts from clients (which is a significant sum)
The collection of this amount was never a part of my Key Result Area (KRA) throughout my tenure, nor was it included in my original appointment contract.
Clarification Required
I require clarification on the following points:
- Can the company prevent me from leaving?
- Can I be compelled to continue employment based on the aforementioned conditions?
- If I depart after completing my notice period, can the company withhold my relieving letter?
From India, Jaipur
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Dear Allen,
The replies to your questions are as below:
- Can the company stop me from leaving?
Reply: No company can stop the exit of an employee per se. It is easy for a company to put entry-point barriers but not exit-point barriers. Nevertheless, if an employee quits without fulfilling the company's conditions, however unreasonable they may be, the company can retaliate through other means.
- Can I be forcefully employed based on the above-mentioned conditions?
Reply: Legally speaking, the answer is no. However, if force is applied, then whether to work or not is up to you.
- If I leave post completion of my notice period, can the company stop my relieving letter?
Reply: Possibly yes. That is the weapon they have in their hand. You have nothing in your hand to defend yourself.
Final Comments: You have asked a few questions, and these have been replied to. So what is the way forward? As of now, you may put up an application to the MD for the waiver of these conditions. Discuss with him and find an amicable solution. An amicable solution may demand some compromise from your side. Decide to what extent you can be flexible. I recommend an amicable solution because you need to acquire an untainted "Service-cum-Employment Certificate."
If the MD remains inclement, then what to do will be told later. In the meantime, please confirm your designation, how many subordinates report to you, and how many years you worked in the current company.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072The replies to your questions are as below:
- Can the company stop me from leaving?
Reply: No company can stop the exit of an employee per se. It is easy for a company to put entry-point barriers but not exit-point barriers. Nevertheless, if an employee quits without fulfilling the company's conditions, however unreasonable they may be, the company can retaliate through other means.
- Can I be forcefully employed based on the above-mentioned conditions?
Reply: Legally speaking, the answer is no. However, if force is applied, then whether to work or not is up to you.
- If I leave post completion of my notice period, can the company stop my relieving letter?
Reply: Possibly yes. That is the weapon they have in their hand. You have nothing in your hand to defend yourself.
Final Comments: You have asked a few questions, and these have been replied to. So what is the way forward? As of now, you may put up an application to the MD for the waiver of these conditions. Discuss with him and find an amicable solution. An amicable solution may demand some compromise from your side. Decide to what extent you can be flexible. I recommend an amicable solution because you need to acquire an untainted "Service-cum-Employment Certificate."
If the MD remains inclement, then what to do will be told later. In the meantime, please confirm your designation, how many subordinates report to you, and how many years you worked in the current company.
Thanks,
Dinesh Divekar
From India, Bangalore
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- I will be completing all the conditions as per my appointment contract, still can company stop my releiving letter?
From India, Jaipur
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From India, Jaipur
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Dear Allen,
The employee is not bound by any conditions not laid down in their appointment letter. You should write to the management quoting the terms of termination and stating that the collection of debts from the customer has never been your responsibility until now. Therefore, your employer cannot impose an unreasonable condition when the employee has already resigned from the services. As per the terms of your appointment, you are bound to serve a 90-day notice period but not other conditions that are being imposed upon you.
Your company cannot stop you from leaving but may choose not to issue a relieving letter by being difficult. It would be better to consult a lawyer with the letter of appointment and the communication where the employer is assigning the collection of debts before leaving the service. In my opinion, a lawyer's notice would be beneficial for you.
From India, Mumbai
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The employee is not bound by any conditions not laid down in their appointment letter. You should write to the management quoting the terms of termination and stating that the collection of debts from the customer has never been your responsibility until now. Therefore, your employer cannot impose an unreasonable condition when the employee has already resigned from the services. As per the terms of your appointment, you are bound to serve a 90-day notice period but not other conditions that are being imposed upon you.
Your company cannot stop you from leaving but may choose not to issue a relieving letter by being difficult. It would be better to consult a lawyer with the letter of appointment and the communication where the employer is assigning the collection of debts before leaving the service. In my opinion, a lawyer's notice would be beneficial for you.
From India, Mumbai
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Resignation cum relieving letter.doc