Due to some personal reasons, I am deputed at a client location as a contractual employee and wish to resign from my company, a government institution. I sent my resignation notice via email on January 3, 2016, to my First Level Authority (FLA), with a copy to the HR Head and SLA. After reviewing the clause in my appointment letter, I resent the notice via speed post on January 9, 2016, and plan to resend it via registered post AD.
Now, the FLA is not responding to the email. I have been sending reminders every second day, but as of January 23, 2016, I have received no reply. I contacted him via telephone, and for the initial 10 days, he simply stated that he will not relieve me and that I have to work for at least one more year. He does not care about the emails and even suggested that I try sending the mail to the Director of the company. He also mentioned that during a background check verification, he would give a negative review and would not allow the issuing of a resignation/experience letter.
They did a similar thing to my colleague, who got scared and withdrew his resignation, starting a trend.
I contacted my SLA via phone. The SLA instructed me to discuss with the FLA, and the HR Head says (on the phone) that I need to convince both of them to get a proper relieving letter and experience certificate.
Important Clauses in My Contract
1. If you accept this offer, you will not apply for study, scholarship, or a job elsewhere without the written consent from [Company Name].
2. [Company Name] reserves the right to close the contract and terminate your services by giving 30 days' notice or 30 days' salary in lieu thereof without assigning any reason.
3. If you wish to resign, you'll be required to give 30 days' prior notice in writing. In case of a shortfall in the notice period, the Centre at its discretion may permit you to make up for the shortfall by paying an amount equal to the salary in lieu of the shortfall.
<no special clause for the client location>
I guess I am breaching the first clause as I have given an interview to a company and also took an entrance exam for study (not yet informed to FLA) while employed in my present company, but I think it is normal.
I am presently at a client location but handling work at both the client and headquarters. If I leave, then obviously, my well-settled FLA has to personally come for my replacement at the client side with his family and kids, as there is already a low employee count. Also, due to financial constraints, they cannot hire my substitute in the near future. Hence, the "convincing the FLA" part is now out of the question.
The resigning formality is very lengthy (takes 2 days: signing clearance from stores, returning laptop, finance, HR dept., etc.), but the formality is initiated after FLA signs. Also, since it is an IT company, TOT is a vital part, and since there is no reply from management, I cannot give TOT to anyone.
I plan to go back to the company headquarters on January 31, 2016, to have a face-to-face discussion (client-side work may suffer) with management. If they refuse to provide proper relieving, I will inform the director of the company (forward the entire mail trail) and stop attending the office from February 2, 2016. I will wait for 1/2 month and contact HR, then afterwards file a case in the labor court for a relieving letter.
It seems like I am a bonded laborer, or maybe my employer wants to hold the ground till the last moment. The core question is, can I resign if I wish to resign? Is my course of action valid in the court of law?
Any suggestions will be highly appreciated. Eagerly awaiting your replies.
Regards
From India, Delhi
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Now, the FLA is not responding to the email. I have been sending reminders every second day, but as of January 23, 2016, I have received no reply. I contacted him via telephone, and for the initial 10 days, he simply stated that he will not relieve me and that I have to work for at least one more year. He does not care about the emails and even suggested that I try sending the mail to the Director of the company. He also mentioned that during a background check verification, he would give a negative review and would not allow the issuing of a resignation/experience letter.
They did a similar thing to my colleague, who got scared and withdrew his resignation, starting a trend.
I contacted my SLA via phone. The SLA instructed me to discuss with the FLA, and the HR Head says (on the phone) that I need to convince both of them to get a proper relieving letter and experience certificate.
Important Clauses in My Contract
1. If you accept this offer, you will not apply for study, scholarship, or a job elsewhere without the written consent from [Company Name].
2. [Company Name] reserves the right to close the contract and terminate your services by giving 30 days' notice or 30 days' salary in lieu thereof without assigning any reason.
3. If you wish to resign, you'll be required to give 30 days' prior notice in writing. In case of a shortfall in the notice period, the Centre at its discretion may permit you to make up for the shortfall by paying an amount equal to the salary in lieu of the shortfall.
<no special clause for the client location>
I guess I am breaching the first clause as I have given an interview to a company and also took an entrance exam for study (not yet informed to FLA) while employed in my present company, but I think it is normal.
I am presently at a client location but handling work at both the client and headquarters. If I leave, then obviously, my well-settled FLA has to personally come for my replacement at the client side with his family and kids, as there is already a low employee count. Also, due to financial constraints, they cannot hire my substitute in the near future. Hence, the "convincing the FLA" part is now out of the question.
The resigning formality is very lengthy (takes 2 days: signing clearance from stores, returning laptop, finance, HR dept., etc.), but the formality is initiated after FLA signs. Also, since it is an IT company, TOT is a vital part, and since there is no reply from management, I cannot give TOT to anyone.
I plan to go back to the company headquarters on January 31, 2016, to have a face-to-face discussion (client-side work may suffer) with management. If they refuse to provide proper relieving, I will inform the director of the company (forward the entire mail trail) and stop attending the office from February 2, 2016. I will wait for 1/2 month and contact HR, then afterwards file a case in the labor court for a relieving letter.
It seems like I am a bonded laborer, or maybe my employer wants to hold the ground till the last moment. The core question is, can I resign if I wish to resign? Is my course of action valid in the court of law?
Any suggestions will be highly appreciated. Eagerly awaiting your replies.
Regards
From India, Delhi
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Correct Approach for Resignation
You seem to have addressed your resignation to the FLA, who may not be competent to accept it. Address your resignation notice to the appointing authority. Write the words "THROUGH PROPER CHANNEL" below the address of your appointing authority on the resignation notice. Endorse a copy directly to your appointing authority and send it to your FLA for onward forwarding of your notice. If he withholds your resignation notice, he can be held responsible for not discharging his duty in sending your notice to your appointing authority.
From India, Delhi
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394You seem to have addressed your resignation to the FLA, who may not be competent to accept it. Address your resignation notice to the appointing authority. Write the words "THROUGH PROPER CHANNEL" below the address of your appointing authority on the resignation notice. Endorse a copy directly to your appointing authority and send it to your FLA for onward forwarding of your notice. If he withholds your resignation notice, he can be held responsible for not discharging his duty in sending your notice to your appointing authority.
From India, Delhi
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Thank you very much for your quick reply. I have sent the signed copy of the following letter to my FLA, SLA, and HR Head.
Resignation Letter
Date: 09-01-2016
Dr. ABC DEF, The Executive Director, <Organization>
Mr. JHI JKL, HOD, <Deptt.>, <Organization>
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as <Designation> at <Organization>. I have taken this decision after thorough deliberation and assessment, and I believe it is in my best interest to move on. I am grateful to <Organization> for providing me with an excellent opportunity during my tenure since 20XX. I am proud to have been part of the <Organization> family, and I will cherish the memories I had.
Kindly relieve me from my duties by 2nd February 2016.
Yours sincerely,
XYZ PQR
Emp ID: XXXXXX
From India, Delhi
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Resignation Letter
Date: 09-01-2016
Dr. ABC DEF, The Executive Director, <Organization>
Mr. JHI JKL, HOD, <Deptt.>, <Organization>
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as <Designation> at <Organization>. I have taken this decision after thorough deliberation and assessment, and I believe it is in my best interest to move on. I am grateful to <Organization> for providing me with an excellent opportunity during my tenure since 20XX. I am proud to have been part of the <Organization> family, and I will cherish the memories I had.
Kindly relieve me from my duties by 2nd February 2016.
Yours sincerely,
XYZ PQR
Emp ID: XXXXXX
From India, Delhi
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Thank you very much for the quick reply. Please ignore my previous reply. I have sent the signed copy of the following letter to my FLA, SLA, and HR Head.
Resignation Letter
Date: 09-01-2016
Dr. ABC DEF, The Executive Director, "Organization, City"
Mr. JHI JKL, HOD, "Department Name", "Organization, City"
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as "Designation" at "Organization, City". I have taken this decision after thorough deliberation and assessment, and I believe it is in my best interest to move on. I am grateful for the excellent opportunity provided to me during my tenure since 20XX.
I am proud to have been part of the "Organization" family, and I will cherish the memories I had along the way. Kindly relieve me from my duties by 2nd February 2016.
Yours sincerely,
XYZ PQR
Emp ID: XXXXXX
From India, Delhi
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Resignation Letter
Date: 09-01-2016
Dr. ABC DEF, The Executive Director, "Organization, City"
Mr. JHI JKL, HOD, "Department Name", "Organization, City"
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as "Designation" at "Organization, City". I have taken this decision after thorough deliberation and assessment, and I believe it is in my best interest to move on. I am grateful for the excellent opportunity provided to me during my tenure since 20XX.
I am proud to have been part of the "Organization" family, and I will cherish the memories I had along the way. Kindly relieve me from my duties by 2nd February 2016.
Yours sincerely,
XYZ PQR
Emp ID: XXXXXX
From India, Delhi
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An employee can resign from their job without working a notice period if it is mentioned in the offer letter as a 15-day notice period during probation. Can the employer charge any fine on the employee if they resign in this situation?
From India, undefined
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From India, undefined
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Analysis of Appointment Letter Conditions
You have quoted three conditions from the appointment letter. The first condition suffers from the absence of consideration, making it invalid. As rightly stated by you, you are not a bonded laborer of the company, as implied in this appointment letter clause.
The second condition is normal, as is the third condition. It is at the discretion of the company whether to accept payment in lieu of service or require you to work (attend the office) for 30 days.
The only issue here is that they have threatened you with negative feedback in the case of a referral by your new employer. If you can handle that part, you may as well leave after serving your notice period.
From India, Pune
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You have quoted three conditions from the appointment letter. The first condition suffers from the absence of consideration, making it invalid. As rightly stated by you, you are not a bonded laborer of the company, as implied in this appointment letter clause.
The second condition is normal, as is the third condition. It is at the discretion of the company whether to accept payment in lieu of service or require you to work (attend the office) for 30 days.
The only issue here is that they have threatened you with negative feedback in the case of a referral by your new employer. If you can handle that part, you may as well leave after serving your notice period.
From India, Pune
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EMPLOYMENT PROCESS.ppt
Legal Clarification on Negative Covenants in Employment Agreements.pdf