I have resigned from my company but now after completing 50% of the notice period (90 days), the organization has put it a condition that my resignation would be accepted only under the following 2 conditions:
- Completion of 90 days notice period
- Clearance of all outstanding of the clients (which is a huge amount)
Collection of the amount was never a part of my KRA in throughout my tenure, neither it was a part of my original appointment contract.
Need clarification on the following points:
- Can the company stop me from leaving?
- Can I be forcefully employed basis of the above-mentioned conditions?
- If I leave post completion of my Notice period, can the company stop my reliving letter?
From India, Jaipur
- Completion of 90 days notice period
- Clearance of all outstanding of the clients (which is a huge amount)
Collection of the amount was never a part of my KRA in throughout my tenure, neither it was a part of my original appointment contract.
Need clarification on the following points:
- Can the company stop me from leaving?
- Can I be forcefully employed basis of the above-mentioned conditions?
- If I leave post completion of my Notice period, can the company stop my reliving letter?
From India, Jaipur
Dear Allen,
The replies to your questions are as below:
- Can the company stop me from leaving?
Reply: - No company can stop exit of an employee per see. It is easy for a company to put entry-point barriers but not exit-point barriers. Nevertheless, if some employee quits without fulfilling the company's conditions, howsoever unreasonable may be, the company can take revenge through some other means.
- Can I be forcefully employed basis of the above-mentioned conditions?
Reply: - Legally speaking the reply is no. Nevertheless, if the 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 reliving 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 out 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 did you work in the current company.
Thanks,
Dinesh Divekar
From India, Bangalore
7855The replies to your questions are as below:
- Can the company stop me from leaving?
Reply: - No company can stop exit of an employee per see. It is easy for a company to put entry-point barriers but not exit-point barriers. Nevertheless, if some employee quits without fulfilling the company's conditions, howsoever unreasonable may be, the company can take revenge through some other means.
- Can I be forcefully employed basis of the above-mentioned conditions?
Reply: - Legally speaking the reply is no. Nevertheless, if the 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 reliving 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 out 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 did you work in the current company.
Thanks,
Dinesh Divekar
From India, Bangalore
- I will be completing all the conditions as per my appointment contract, still can company stop my releiving letter?
From India, Jaipur
From India, Jaipur
Dear Allen,
The employee is not binding by any conditions not laid down in his appointment letter.
You should write to the management quoting the terms of termination and that collection of debts from the customer never had your responsibility till now. Therefore your employer can not put an absurd condition when employee already have resigned from the services. So as per your terms of appointment, you are binding to serve 90 days notice period but not other conditions that are imposing upon you.
Your company can not stop you from leaving but may not issue reliving letter by playing mischief. It would be better to consult a lawyer with letter of appointment & the letter where the employer is saying to collection of debts before leaving service. In my opinion lawyer's notice would be stand good for you.
From India, Mumbai
The employee is not binding by any conditions not laid down in his appointment letter.
You should write to the management quoting the terms of termination and that collection of debts from the customer never had your responsibility till now. Therefore your employer can not put an absurd condition when employee already have resigned from the services. So as per your terms of appointment, you are binding to serve 90 days notice period but not other conditions that are imposing upon you.
Your company can not stop you from leaving but may not issue reliving letter by playing mischief. It would be better to consult a lawyer with letter of appointment & the letter where the employer is saying to collection of debts before leaving service. In my opinion lawyer's notice would be stand good for you.
From India, Mumbai
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