Hi Friends,
My company suddenly changed the notice period from 1 month to 3 months and intimated this by sending an email sent 7PM Friday. On the next working day i resigned from the company citing personal reasons and refused to accept the new notice period and requested to be allowed to serve the original 1 month notice period. The company refused and i stopped going to office after prior intimation.
Now the campany is withholding my experience letter relieving letter. Is it correct?
What shall i do?
From India, Calcutta
My company suddenly changed the notice period from 1 month to 3 months and intimated this by sending an email sent 7PM Friday. On the next working day i resigned from the company citing personal reasons and refused to accept the new notice period and requested to be allowed to serve the original 1 month notice period. The company refused and i stopped going to office after prior intimation.
Now the campany is withholding my experience letter relieving letter. Is it correct?
What shall i do?
From India, Calcutta
Hello,
I have said before that employment is a contract between the employer and the employee.
Therefore there is a mutuality of essence in the terms and conditions that bind the parties.
Under such a case, no party can alter any of the term or condition UNILATERALLY, especially to the disadvantage of the other.
The change effected by your employer is patently ILLEGAL besides being UNFAIR and UNETHICAL.
Regrettably if you are NOT a "workman" under Industrial Disputes Act 1947, your remedy lies only in the civil court.
The way the judiciary works in our country, even if you lodge proceedings against the employer and even if you win (which you will, in this case), it will take a LONG time, will entail COSTS to you and lawyers will become rich through "appearences rather than decision!
For this reason, it is futile and uneconomical to fight even a just cause as you have a career ahead and your future employers may look at your profile with caution (getting scared with someone who has the courage to proceed against an employer). Your chances could diminish! Fair employers will not be scared once they know the facts but locating such fair employers does take time.
In your case you have "fired the shot" and after doing so, you are trying to "aim". I wish you had used a reverse sequence!
In the present situation, you have to find other ways to get over the problem of "expereince letter", "F & F" etc.
You have my sympathies but I do feel that you learn that "thought" must and does precede "action".
How else may I be of help?
Regards
samvedan
September 10, 2011
-------------------
From India, Pune
315I have said before that employment is a contract between the employer and the employee.
Therefore there is a mutuality of essence in the terms and conditions that bind the parties.
Under such a case, no party can alter any of the term or condition UNILATERALLY, especially to the disadvantage of the other.
The change effected by your employer is patently ILLEGAL besides being UNFAIR and UNETHICAL.
Regrettably if you are NOT a "workman" under Industrial Disputes Act 1947, your remedy lies only in the civil court.
The way the judiciary works in our country, even if you lodge proceedings against the employer and even if you win (which you will, in this case), it will take a LONG time, will entail COSTS to you and lawyers will become rich through "appearences rather than decision!
For this reason, it is futile and uneconomical to fight even a just cause as you have a career ahead and your future employers may look at your profile with caution (getting scared with someone who has the courage to proceed against an employer). Your chances could diminish! Fair employers will not be scared once they know the facts but locating such fair employers does take time.
In your case you have "fired the shot" and after doing so, you are trying to "aim". I wish you had used a reverse sequence!
In the present situation, you have to find other ways to get over the problem of "expereince letter", "F & F" etc.
You have my sympathies but I do feel that you learn that "thought" must and does precede "action".
How else may I be of help?
Regards
samvedan
September 10, 2011
-------------------
From India, Pune
Dear Samvedan, Mr. Thilmaran cant he go to labour inspector/ Commissioner with his Appointment letter & Resignation letter and what he received feed back from company. pl let me know.
From India, Madras
From India, Madras
Hello,
I am of the opinion that he cannot go to Labour Office as that is a statutory agency for disputes processing employees (workmen under the Industrial Disputes Act 1947) and the employers, that conform to the definition of "industrial dispute".
I say this on the assumption that he is NOT a workman under the Industrial Disputes Act 1947. If that changes, my response would change!
Regards
samvedan
September 10, 2011
---------------------
From India, Pune
I am of the opinion that he cannot go to Labour Office as that is a statutory agency for disputes processing employees (workmen under the Industrial Disputes Act 1947) and the employers, that conform to the definition of "industrial dispute".
I say this on the assumption that he is NOT a workman under the Industrial Disputes Act 1947. If that changes, my response would change!
Regards
samvedan
September 10, 2011
---------------------
From India, Pune
Dear Thilmaran,
In many of the unprofessional companies these types of tactics are adopted to pressurize the employees who are leaving the services as well as those employees who are planning to look of alternative employment.
In your case you should talk to your HR person and try to convince him that you had given a commitment to the new company based on your present company's appointment letter wherein one month's notice is clearly defined and if the present company didn't relieve him according to the appointment letter, you will lost the job as well as your present company will loose it's image in outside industries. Try to negotiate and you can say that you can work 15 / 20 more days, if possible, if your present company allows. You shall contact higher HR authority to get resolve this issue instead of thinking of taking any legal action against them. Since it will take long time to settle as well as it will increase bitterness in your present company, which may affect your new job also.
Think balanced and try to take out practical solutions.
All the best.
Regards,
Dinesh Shitole
From India, Pune
In many of the unprofessional companies these types of tactics are adopted to pressurize the employees who are leaving the services as well as those employees who are planning to look of alternative employment.
In your case you should talk to your HR person and try to convince him that you had given a commitment to the new company based on your present company's appointment letter wherein one month's notice is clearly defined and if the present company didn't relieve him according to the appointment letter, you will lost the job as well as your present company will loose it's image in outside industries. Try to negotiate and you can say that you can work 15 / 20 more days, if possible, if your present company allows. You shall contact higher HR authority to get resolve this issue instead of thinking of taking any legal action against them. Since it will take long time to settle as well as it will increase bitterness in your present company, which may affect your new job also.
Think balanced and try to take out practical solutions.
All the best.
Regards,
Dinesh Shitole
From India, Pune
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