This would be my first query on this forum, I have had an account since a long time but never really had a personal question.
I have two questions, 1 about my current employment where I’m serving my notice period.
Due a demotivating appraisal in Oct, I told myself that I must quit where there is no esteem
I sent out my resignation Jan 2013, US Manager tries convincing me wasting his time as I kept telling him that I’m not at all interested in continuing with the organization.
I requested him to relieve me immediately but he tells me that I have to work for 2 months (notice period), so I told him that he was forcing me to work/come to office for two months, then he threatened me that I will have to show him results or he knows what to do(for eg: not giving me relieving letter, salary, giving a releiving letter that states i was terminated). I have upfront told him that there is no point in forcing me to sit in office, for hich he told "I know your caliber and if you tell me that you are not able to deliver I know what to do".
Now from last 15 days I’m coming to office everyday with no other go, but not working and just surfing the net (Wikipedia, news and stuff). I will serve the notice period for 2 months, as I’m not interested in working for this organization anymore I’m not working but present in office.
My Indian manager has told me that they won’t pay this month’s salary as there is no delivery from my end. He told me that they will relieve me soon and help me out but apparently he is playing around.
1. Now my question is that if there is any chance that the company will not pay my salary? If they do so, what is that I must do?
2. While I'm serving the notice period can the company terminate me, meaning can they issue a releiving letter that I'm terminated? Or is it that they have to releive only and not terminate.
How can i work this out?? I'm financially tight (2 lac debt) and in this situation i cannot afford to buy out.
I know what I'm doing is not at all right, but I have no other option coz if i keep working they will make sure not to releive me till the last minute.
Thank you
From India, Bangalore
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1I have two questions, 1 about my current employment where I’m serving my notice period.
Due a demotivating appraisal in Oct, I told myself that I must quit where there is no esteem
I sent out my resignation Jan 2013, US Manager tries convincing me wasting his time as I kept telling him that I’m not at all interested in continuing with the organization.
I requested him to relieve me immediately but he tells me that I have to work for 2 months (notice period), so I told him that he was forcing me to work/come to office for two months, then he threatened me that I will have to show him results or he knows what to do(for eg: not giving me relieving letter, salary, giving a releiving letter that states i was terminated). I have upfront told him that there is no point in forcing me to sit in office, for hich he told "I know your caliber and if you tell me that you are not able to deliver I know what to do".
Now from last 15 days I’m coming to office everyday with no other go, but not working and just surfing the net (Wikipedia, news and stuff). I will serve the notice period for 2 months, as I’m not interested in working for this organization anymore I’m not working but present in office.
My Indian manager has told me that they won’t pay this month’s salary as there is no delivery from my end. He told me that they will relieve me soon and help me out but apparently he is playing around.
1. Now my question is that if there is any chance that the company will not pay my salary? If they do so, what is that I must do?
2. While I'm serving the notice period can the company terminate me, meaning can they issue a releiving letter that I'm terminated? Or is it that they have to releive only and not terminate.
How can i work this out?? I'm financially tight (2 lac debt) and in this situation i cannot afford to buy out.
I know what I'm doing is not at all right, but I have no other option coz if i keep working they will make sure not to releive me till the last minute.
Thank you
From India, Bangalore
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After submitting your resignation, you had requested your reporting officer to relieve you immediately, and it was on his request that you are serving the notice period. That means even if you are asked to leave immediately, you are not losing anything since it was your wish to get relieved immediately. At the same time, you are saying that you cannot afford to lose your salary if the management decides to relieve you with immediate effect. You have to choose either of these.
Now, regarding non-payment of salary for the days you have attended the office after submitting resignation. The salary part of your contract of employment may have two components: a fixed salary part and a variable salary part. Of these, the fixed salary part is based on attendance, which cannot be held due to non-delivering, though the employer can hold the other part, which is purely based on how you perform. Therefore, the fixed salary will have to be paid based on your attendance until the date of exit.
Now it is the turn of the company to take a decision as to whether to keep you for two months or to relieve you immediately. Since you have already requested that you may be relieved immediately, you cannot ask for the remaining day's salary. If, on the other hand, while submitting the resignation itself you had informed that you will remain for two months (notice period) and then the company takes a call that you will be relieved immediately, then the company's act of relieving you without allowing you to work for two months could be taken as if they are terminating your service, and in such a scenario, they would have been liable to pay you the salary for the remaining days. But in this situation, since you had asked for an early relieving, they can relieve you earlier without paying wages for the remaining days but restricting the salary up to the days you have attended the office. In either case, the fixed part of the salary is payable to you without fail.
Regards,
Madhu.T.K
From India, Kannur
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Now, regarding non-payment of salary for the days you have attended the office after submitting resignation. The salary part of your contract of employment may have two components: a fixed salary part and a variable salary part. Of these, the fixed salary part is based on attendance, which cannot be held due to non-delivering, though the employer can hold the other part, which is purely based on how you perform. Therefore, the fixed salary will have to be paid based on your attendance until the date of exit.
Now it is the turn of the company to take a decision as to whether to keep you for two months or to relieve you immediately. Since you have already requested that you may be relieved immediately, you cannot ask for the remaining day's salary. If, on the other hand, while submitting the resignation itself you had informed that you will remain for two months (notice period) and then the company takes a call that you will be relieved immediately, then the company's act of relieving you without allowing you to work for two months could be taken as if they are terminating your service, and in such a scenario, they would have been liable to pay you the salary for the remaining days. But in this situation, since you had asked for an early relieving, they can relieve you earlier without paying wages for the remaining days but restricting the salary up to the days you have attended the office. In either case, the fixed part of the salary is payable to you without fail.
Regards,
Madhu.T.K
From India, Kannur
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Hello Huntphani,
Further to what Madhu mentioned/suggested, there are different ways/angles to view your situation.
First of all, please confirm if you had any other job in hand when you resigned.
Next, I think you misjudged the whole situation - you resigned just because you received a bad review/appraisal. There seems to be a possibility that you did fare badly [based on the company's set of parameters] - your US Manager's words "I know your caliber..." seem to suggest that it's you who seems to be missing out on the larger picture. No employer tries to convince [like you said, 'wasting his time'] unless he/she is convinced himself/herself that the resource is worth being given that kind of time.
Coming to your line 'I know what I'm doing is not at all right, but I have no other option...'. In any and every situation, there will always be multiple options - whether one wants to take the other options or not is up to the individual. Just because he/she doesn't want to even look at the other options doesn't make them vanish. In your case, it's your choice to consider or not the other options.
Regards,
TS
From India, Hyderabad
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Further to what Madhu mentioned/suggested, there are different ways/angles to view your situation.
First of all, please confirm if you had any other job in hand when you resigned.
Next, I think you misjudged the whole situation - you resigned just because you received a bad review/appraisal. There seems to be a possibility that you did fare badly [based on the company's set of parameters] - your US Manager's words "I know your caliber..." seem to suggest that it's you who seems to be missing out on the larger picture. No employer tries to convince [like you said, 'wasting his time'] unless he/she is convinced himself/herself that the resource is worth being given that kind of time.
Coming to your line 'I know what I'm doing is not at all right, but I have no other option...'. In any and every situation, there will always be multiple options - whether one wants to take the other options or not is up to the individual. Just because he/she doesn't want to even look at the other options doesn't make them vanish. In your case, it's your choice to consider or not the other options.
Regards,
TS
From India, Hyderabad
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Dear huntphani,
Out here it seems there's some attitude issue. Just because you were not able to achieve your desired appraisal figure, you cannot put the company at blame. There are several factors involved, and one of which is your performance.
I also fail to understand how a lower appraisal is connected to serving notice!! This seems like you are out to take revenge on the company - purely unprofessional. In case you are not happy with the appraisal, the best option could have been to opt for another opportunity and leave this organization on agreed terms at the time of appointment. This will also preserve your dignity. Who knows, you might fall back on this company for BV.
You need to check your tenure with the company, the kind of role you are in, and the contribution you've made. Talk to your manager about what has affected your appraisals the most. This could have been the right attitude towards your work, whether here or anywhere else.
Rest assured, Madhu.T.K has given you the solution to your query.
From India, Ahmedabad
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Out here it seems there's some attitude issue. Just because you were not able to achieve your desired appraisal figure, you cannot put the company at blame. There are several factors involved, and one of which is your performance.
I also fail to understand how a lower appraisal is connected to serving notice!! This seems like you are out to take revenge on the company - purely unprofessional. In case you are not happy with the appraisal, the best option could have been to opt for another opportunity and leave this organization on agreed terms at the time of appointment. This will also preserve your dignity. Who knows, you might fall back on this company for BV.
You need to check your tenure with the company, the kind of role you are in, and the contribution you've made. Talk to your manager about what has affected your appraisals the most. This could have been the right attitude towards your work, whether here or anywhere else.
Rest assured, Madhu.T.K has given you the solution to your query.
From India, Ahmedabad
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@ Madhu T.K – Highly appreciate your response. You perfectly understood what my question was, and the answer were right on the spot.
@ Tajsateesh- Yes I have had another job in hand prior to resignation. Perhaps, I’m not looking at the big picture, he meant it like growing in the same organization and more but I really would not want to grow in an organization which is not “employee friendly”. And it really annoys when they call you in on every Saturday to work, trust me I’m not the only guy here annoyed with the way things work. A guy with less amount of experience, wrong attitude towards colleagues, and the same delivery gets a 45% hike just coz the CEO knows his name and you on the other hand who brings a smile on your colleagues face, helping hand to anyone and everyone with the same delivery gets a 5-8% hike?? And now the manager who is your friend comes to you tells you that he got the 45% hike coz the Boss knows him well. With this kind of structure I really don’t think I must continue here. People(my seniors) who have over achieved and have been with the organization got 10% max. I have been trying to look at a big picture in every which way, but I don’t get to see any. There are 3 resignation following mine, 2 people just left the organization without any intimation(this is why there are relieving me). I’m not following them but just telling you as an example. In short, the Indian manager wants to control this office, the US manager doesn’t want to let go of the control he had from the last 8 years, in between we get grilled. I’m not a guy who runs behind money I’m joining an organization which is paying me just Rs1000 more than the money I’m making
Completely agree with this “IN ANY & EVERY SITUATION, THERE WILL ALWAYS BE MULTIPLE OPTIONS--WHETHER ONE WANTS TO TAKE THE OTHER OPTIONS OR NOT IS UPTO THE INDIVIDUAL” will sincerely take this into consideration not just regarding this employment but in every which way of my life.
@ Hiral Mehta –
Attitude issue? No I don’t think there’s a problem with any of our attitude I mean me, or the managers. Because we all want to see things work the way we want.
I am aware there are n number of factors that are involved in appraisal. If you are not happy, you just move on. Just to let you know, my manager or the US manager has never ever pointed out the performance(revenue generation) coz they totally get what I’m capable of and they wish that I could continue. Let’s just say the company is ready to give me 50% hike I still won’t stay back.
“I also fail to understand that how is lower appraisal connected to serving notice!!” please tell me which sentence that I wrote failed your understanding, I would like to correct it for you.
Revenge on the company?? You must be kidding me, I fail to understand what made you proclaim this. If there was any chance that I could take revenge on anything in my life I rather let it be. No employee can take revenge on any company, you get paid to do the work, if you think you are under paid/cheated you just have to move on. Oh come on, we are all grownups I don’t need to say this.
I agree with your third paragraph totally! been there done that.
No offense, How did you read my query? Thinking that I’m an employee of your organization? Did you want to counsel me or something? You totally went out of context analyzing and criticizing the whole of my query, look at the stuff you have put in bold “attitude issue” “dignity” “your performance”. I’m totally perplexed that my query to you looked like a question to a therapist. I’m gonna ask a PF related question very soon, please help me out there
From India, Bangalore
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@ Tajsateesh- Yes I have had another job in hand prior to resignation. Perhaps, I’m not looking at the big picture, he meant it like growing in the same organization and more but I really would not want to grow in an organization which is not “employee friendly”. And it really annoys when they call you in on every Saturday to work, trust me I’m not the only guy here annoyed with the way things work. A guy with less amount of experience, wrong attitude towards colleagues, and the same delivery gets a 45% hike just coz the CEO knows his name and you on the other hand who brings a smile on your colleagues face, helping hand to anyone and everyone with the same delivery gets a 5-8% hike?? And now the manager who is your friend comes to you tells you that he got the 45% hike coz the Boss knows him well. With this kind of structure I really don’t think I must continue here. People(my seniors) who have over achieved and have been with the organization got 10% max. I have been trying to look at a big picture in every which way, but I don’t get to see any. There are 3 resignation following mine, 2 people just left the organization without any intimation(this is why there are relieving me). I’m not following them but just telling you as an example. In short, the Indian manager wants to control this office, the US manager doesn’t want to let go of the control he had from the last 8 years, in between we get grilled. I’m not a guy who runs behind money I’m joining an organization which is paying me just Rs1000 more than the money I’m making
Completely agree with this “IN ANY & EVERY SITUATION, THERE WILL ALWAYS BE MULTIPLE OPTIONS--WHETHER ONE WANTS TO TAKE THE OTHER OPTIONS OR NOT IS UPTO THE INDIVIDUAL” will sincerely take this into consideration not just regarding this employment but in every which way of my life.
@ Hiral Mehta –
Attitude issue? No I don’t think there’s a problem with any of our attitude I mean me, or the managers. Because we all want to see things work the way we want.
I am aware there are n number of factors that are involved in appraisal. If you are not happy, you just move on. Just to let you know, my manager or the US manager has never ever pointed out the performance(revenue generation) coz they totally get what I’m capable of and they wish that I could continue. Let’s just say the company is ready to give me 50% hike I still won’t stay back.
“I also fail to understand that how is lower appraisal connected to serving notice!!” please tell me which sentence that I wrote failed your understanding, I would like to correct it for you.
Revenge on the company?? You must be kidding me, I fail to understand what made you proclaim this. If there was any chance that I could take revenge on anything in my life I rather let it be. No employee can take revenge on any company, you get paid to do the work, if you think you are under paid/cheated you just have to move on. Oh come on, we are all grownups I don’t need to say this.
I agree with your third paragraph totally! been there done that.
No offense, How did you read my query? Thinking that I’m an employee of your organization? Did you want to counsel me or something? You totally went out of context analyzing and criticizing the whole of my query, look at the stuff you have put in bold “attitude issue” “dignity” “your performance”. I’m totally perplexed that my query to you looked like a question to a therapist. I’m gonna ask a PF related question very soon, please help me out there
From India, Bangalore
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It is never a good practice and decision to burn the bridges behind you when you leave an organization. Though legally the company can do nothing if your productivity is nil during the notice period other than not paying you if payment is officially linked to measurable productivity, it leaves a bad taste on both sides. The company can make your life miserable by badmouthing you to potential employers, giving you a poorly worded relieving letter, socially isolating you during the one-month period, and thereby psychologically destroying your self-esteem and self-worth.
I would also say that it makes no sense for the company to force someone to come and mark attendance during the notice period as it is a demotivator for other employees; it spoils the organizational atmosphere. You should have parted ways even when you realized that you and the company are not going well for whatever reason. It is never good behavior and practice to spoil relationships because you cease to work for someone. Both parties can badmouth each other, but the price you pay as an employee will be more, as generally organizations are better equipped to handle your badmouthing. It looks like an ego clash and an attitudinal problem between both of you. I would suggest you just forget the incident and keep moving ahead rather than letting this isolated incident weigh on you and spoil your future.
From India, Bengaluru
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I would also say that it makes no sense for the company to force someone to come and mark attendance during the notice period as it is a demotivator for other employees; it spoils the organizational atmosphere. You should have parted ways even when you realized that you and the company are not going well for whatever reason. It is never good behavior and practice to spoil relationships because you cease to work for someone. Both parties can badmouth each other, but the price you pay as an employee will be more, as generally organizations are better equipped to handle your badmouthing. It looks like an ego clash and an attitudinal problem between both of you. I would suggest you just forget the incident and keep moving ahead rather than letting this isolated incident weigh on you and spoil your future.
From India, Bengaluru
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One of my friends went through the same situation in a reputed leading private new generation bank. He joined in a nice position but all he was made to do is sell life insurance. So when his probation period got extended citing below performance, which he definitely knew was not true, he decided to move on. Before that, he was dissatisfied with the ill-mannered top boss, no leaves allowed citing work pressure while older employees were taking all benefits. There was groupism, nepotism, made to work beyond working hours, unachievable sales targets, so he decided to leave. However, he was forced to do sales even during the notice period. What he did was attend the office on time, went out citing sales calls after 1-2 hours, made his mobile unreachable. The top boss said he would terminate, but he kept silent. At the end of the notice period, he submitted his ID card, etc., wrote a scathing note to HR in the exit form online. After 15 days, he received his full 1.5 months' salary due along with a relieving letter.
So what I want to tell you is that the company has to pay the full salary unless the performance component is specified. Try not to burn bridges if possible. If you are not satisfied with the appraisal, talk with HR (my friend did talk with HR), and if nothing comes out, consider another company. But why join another company for a Rs 1000 hike? Don't show your desperation to join when giving an interview. You could have gotten at least a 20% hike. Moreover, who knows if the grass is greener on the other side? If you want to serve the notice period, then do your work sincerely because you expect to be paid for it. Unless you have been harassed to leave, one should do one's duty and leave on a good note. A person who is in the notice period can't be terminated, so don't worry about that unless you are absconding.
From India, Bangalore
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So what I want to tell you is that the company has to pay the full salary unless the performance component is specified. Try not to burn bridges if possible. If you are not satisfied with the appraisal, talk with HR (my friend did talk with HR), and if nothing comes out, consider another company. But why join another company for a Rs 1000 hike? Don't show your desperation to join when giving an interview. You could have gotten at least a 20% hike. Moreover, who knows if the grass is greener on the other side? If you want to serve the notice period, then do your work sincerely because you expect to be paid for it. Unless you have been harassed to leave, one should do one's duty and leave on a good note. A person who is in the notice period can't be terminated, so don't worry about that unless you are absconding.
From India, Bangalore
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Ah!
You are reading the situation all wrong, and you are going to get into trouble.
1. Yes, the company can and will hold back your 2 months' salary. If you are coming to work and not working, surfing the net, etc., they can very easily refuse your salary on grounds that you did no work and did not obey instructions from your managers to work. You will be able to do nothing about that.
2. They can terminate you. You have resigned, true. But if they decide to issue you a termination letter instead of your relieving letter, what can you do? At best, you can show people your resignation letter. That's all. If there is a signature with a date, some will believe you. If the company gives a termination letter with a backdate, then you will have more difficulty in explaining the situation.
Think again, they can terminate you on the last day and refuse to give you 2 months' salary on the ground that you have not done work. I am sure they have enough evidence that they asked you to work. They probably have your logs showing you were surfing non-work sites.
In case the new company does a background check, you are in bigger trouble. Because you will get very negative feedback.
Oh yes, your PF is going to get stuck too. They will make you run around for it; it's very easy.
Instead of doing work in your new company, you will be spending time in that also.
You really have an attitude problem. You think the performance is good. But obviously, your bosses think differently.
All you had to do is complete your notice period properly. You only had to work normally during the notice period as you worked earlier. Instead, you sit in the office and think the company will/should pay you. You have created for yourself a situation where none existed.
From India, Mumbai
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You are reading the situation all wrong, and you are going to get into trouble.
1. Yes, the company can and will hold back your 2 months' salary. If you are coming to work and not working, surfing the net, etc., they can very easily refuse your salary on grounds that you did no work and did not obey instructions from your managers to work. You will be able to do nothing about that.
2. They can terminate you. You have resigned, true. But if they decide to issue you a termination letter instead of your relieving letter, what can you do? At best, you can show people your resignation letter. That's all. If there is a signature with a date, some will believe you. If the company gives a termination letter with a backdate, then you will have more difficulty in explaining the situation.
Think again, they can terminate you on the last day and refuse to give you 2 months' salary on the ground that you have not done work. I am sure they have enough evidence that they asked you to work. They probably have your logs showing you were surfing non-work sites.
In case the new company does a background check, you are in bigger trouble. Because you will get very negative feedback.
Oh yes, your PF is going to get stuck too. They will make you run around for it; it's very easy.
Instead of doing work in your new company, you will be spending time in that also.
You really have an attitude problem. You think the performance is good. But obviously, your bosses think differently.
All you had to do is complete your notice period properly. You only had to work normally during the notice period as you worked earlier. Instead, you sit in the office and think the company will/should pay you. You have created for yourself a situation where none existed.
From India, Mumbai
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Mr. Saswat,
Once an employee has resigned, the company can't terminate you except on disciplinary grounds. Yes, they may illegally withhold your salary, but you can fight that too. Moreover, you should be aware that PF is not the property of the company. It is the earnings of the employee. If the company refuses to process your PF, you can approach PF with a complaint - which they will inquire about and, if found true, will take action against the company and process your PF. Even if there is a notice period due amount, it can't be deducted from PF. If the company can make an employee run, then the employee can do the same to HR too. I am not saying don't do your work, but HR is not there to deny one's dues but to settle matters amicably.
From India, Bangalore
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Once an employee has resigned, the company can't terminate you except on disciplinary grounds. Yes, they may illegally withhold your salary, but you can fight that too. Moreover, you should be aware that PF is not the property of the company. It is the earnings of the employee. If the company refuses to process your PF, you can approach PF with a complaint - which they will inquire about and, if found true, will take action against the company and process your PF. Even if there is a notice period due amount, it can't be deducted from PF. If the company can make an employee run, then the employee can do the same to HR too. I am not saying don't do your work, but HR is not there to deny one's dues but to settle matters amicably.
From India, Bangalore
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Sid,
Let's look at the practical side of the matter:
1. If I issue you a termination letter instead of a relieving letter, what will you do? Will you file a case against me in the labor court? Go ahead! The employee has no proof that he has resigned and not been terminated. Even smarter would be if the termination letter is dated a day before his resignation.
2. If you are sitting in the office not doing any work and refusing to work, and I have proof of it, I don't have to pay you. Furthermore, if I have evidence (logs) that you are doing personal work and surfing the internet, I have full grounds to initiate disciplinary action and withhold your salary. You can complain wherever you want, but there is little chance of me being ordered to pay you.
3. For PF, I will refuse to sign the form. What will you do? Will you file a complaint with the PF Commissioner? He will likely ignore it. Then you will have to go personally 4 to 5 times, and perhaps he will send a notice. I will give a reply (he never approached me for signing, he absconded, etc.), you will go another 4 to 5 times, and then perhaps after another notice, I will sign it. Or you can get it signed from a banker, etc. Additionally, 6 to 10 trips may be required. (The point I made clear in my post: you will spend time running after this instead of concentrating on your new job)
HR is not there to help any employee trying to defraud the company. They are there to assist the company. When someone thinks they can sit and do nothing, HR can rightfully withhold all things due otherwise. HR will act as per the management's instructions (within legal boundaries or even stretching them) as it knows where its interests lie.
You missed the main point in my post. There are ways to handle things without creating unnecessary conflicts. If you raise a conflict assuming you will win and the company will comply easily, you are mistaken. If someone were to resign (as I would in his place), I would simply resign, inform them of my new job, give feedback during the exit interview if available, and leave. If the company insists on a notice period, I would serve it, continue working normally as before. There's no need to be stubborn and refuse work just because early relief hasn't been granted.
From the concerned manager's attitude, it's evident: the company is not inclined to meet the OP's demands. They are displeased with his lack of work during the notice period and intend to withhold things. Even if he eventually receives his payment, it will involve significant effort (and delay), diverting his focus from his new job to old matters. Few new employers would tolerate such behavior, leading to potential issues there too.
And consider the implications when (if) the new employer conducts a background check. Need I say more?
Correct Spelling and Grammar:
- "complain" should be "complaint"
- "withholding" instead of "with holding"
- "co" should be "company"
- "cant" should be "can't"
- "Once an employee has resigned, the company can't terminate you except on disciplinary grounds."
From India, Mumbai
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Let's look at the practical side of the matter:
1. If I issue you a termination letter instead of a relieving letter, what will you do? Will you file a case against me in the labor court? Go ahead! The employee has no proof that he has resigned and not been terminated. Even smarter would be if the termination letter is dated a day before his resignation.
2. If you are sitting in the office not doing any work and refusing to work, and I have proof of it, I don't have to pay you. Furthermore, if I have evidence (logs) that you are doing personal work and surfing the internet, I have full grounds to initiate disciplinary action and withhold your salary. You can complain wherever you want, but there is little chance of me being ordered to pay you.
3. For PF, I will refuse to sign the form. What will you do? Will you file a complaint with the PF Commissioner? He will likely ignore it. Then you will have to go personally 4 to 5 times, and perhaps he will send a notice. I will give a reply (he never approached me for signing, he absconded, etc.), you will go another 4 to 5 times, and then perhaps after another notice, I will sign it. Or you can get it signed from a banker, etc. Additionally, 6 to 10 trips may be required. (The point I made clear in my post: you will spend time running after this instead of concentrating on your new job)
HR is not there to help any employee trying to defraud the company. They are there to assist the company. When someone thinks they can sit and do nothing, HR can rightfully withhold all things due otherwise. HR will act as per the management's instructions (within legal boundaries or even stretching them) as it knows where its interests lie.
You missed the main point in my post. There are ways to handle things without creating unnecessary conflicts. If you raise a conflict assuming you will win and the company will comply easily, you are mistaken. If someone were to resign (as I would in his place), I would simply resign, inform them of my new job, give feedback during the exit interview if available, and leave. If the company insists on a notice period, I would serve it, continue working normally as before. There's no need to be stubborn and refuse work just because early relief hasn't been granted.
From the concerned manager's attitude, it's evident: the company is not inclined to meet the OP's demands. They are displeased with his lack of work during the notice period and intend to withhold things. Even if he eventually receives his payment, it will involve significant effort (and delay), diverting his focus from his new job to old matters. Few new employers would tolerate such behavior, leading to potential issues there too.
And consider the implications when (if) the new employer conducts a background check. Need I say more?
Correct Spelling and Grammar:
- "complain" should be "complaint"
- "withholding" instead of "with holding"
- "co" should be "company"
- "cant" should be "can't"
- "Once an employee has resigned, the company can't terminate you except on disciplinary grounds."
From India, Mumbai
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