Hi everyone,
I am working in an investor communication firm for last 2 and half years. I have resigned couple of weeks back and due to certain reasons, find it extremely difficult to serve my notice period. My contract says either i have to serve one month notice period, or i have to pay one month\'s salary. I am willing to pay the money to get an early release. However, my employer said he wont give me any documents if i dont work for till the end of my notice period. Please let me know if the employer can withhold my release letter?
P.S. Considering the worst situation, please let me know how badly it is going to affect me in my next employment? I have my appointment letter, appraisal letter (which happened in April 2013) and salary slips to show my tenure here.
From India, Mumbai
I am working in an investor communication firm for last 2 and half years. I have resigned couple of weeks back and due to certain reasons, find it extremely difficult to serve my notice period. My contract says either i have to serve one month notice period, or i have to pay one month\'s salary. I am willing to pay the money to get an early release. However, my employer said he wont give me any documents if i dont work for till the end of my notice period. Please let me know if the employer can withhold my release letter?
P.S. Considering the worst situation, please let me know how badly it is going to affect me in my next employment? I have my appointment letter, appraisal letter (which happened in April 2013) and salary slips to show my tenure here.
From India, Mumbai
Hi Tanya,
Can you be clear on the reason that you mentioned over resignation?
Did you include a plea to consider for a relieving on a shorter notice?
Did your employer accepted your resignation?
What was the date of resignation?
How many days did you serve? or what was your last working day?
Kindly note that though such clause is put into agreement, if you are leaving the job in the midst of some project which may hamper the employer. they may want you to serve the notice, do proper handover to the replacement that they would seek in the mean time.
It depends from position to position and role to role and the importance of your work.
For eg: I have a similar clause in my appointment letter. However today if I go to resign, I being the only HR in the firm, I will have to search for the replacement, train him/her about the roles and do proper hand over. I can't crib if it takes longer than a month also as it is a part of my role.
However each case is different and we can work on your case, I have mentioned below what can be done.
I hope that by documents you mean only by the relieving and experience letters and you have not submitted any of your documents in original to the company. Asked so because many companies ask for it so that you do not have option but to accept their conditions.
In this scenario as you mentioned that the appointment letter states one month notice or salary in lieu of it. However, one should understand that the either or situation is to be mutually come at. If the employer is not ready to agree on notice buy out, He can withheld the release letter.
Nonetheless, register AD your resignation and ask them to settle out the F&F by considering the option of notice buy out as stated in the appointment letter. Also mention to issue you the relieving and experience letter at the earliest.
Worst case scenario -
Do you mean you do not serve the notice, and since they are not agreeing to notice buy out option, you don't avail that and don't get relieving letter?
They will list you absconded.
Depends if they wish to publish the same or not, depends on the nature of work and the industry you serve in.
Many companies do need proper relieving letter to take the things further.
Since you would be using the appointment letter and salary slips, you would be mentioning this employment. While background verification, they may contact your this employer, and they may give you a red mark. Even if they do not add the spices to the original story, the fact that you didn't serve proper notice and you weren't relieved properly can't be changed.
Hope this helped you.
From India, Mumbai
377Can you be clear on the reason that you mentioned over resignation?
Did you include a plea to consider for a relieving on a shorter notice?
Did your employer accepted your resignation?
What was the date of resignation?
How many days did you serve? or what was your last working day?
Kindly note that though such clause is put into agreement, if you are leaving the job in the midst of some project which may hamper the employer. they may want you to serve the notice, do proper handover to the replacement that they would seek in the mean time.
It depends from position to position and role to role and the importance of your work.
For eg: I have a similar clause in my appointment letter. However today if I go to resign, I being the only HR in the firm, I will have to search for the replacement, train him/her about the roles and do proper hand over. I can't crib if it takes longer than a month also as it is a part of my role.
However each case is different and we can work on your case, I have mentioned below what can be done.
I hope that by documents you mean only by the relieving and experience letters and you have not submitted any of your documents in original to the company. Asked so because many companies ask for it so that you do not have option but to accept their conditions.
In this scenario as you mentioned that the appointment letter states one month notice or salary in lieu of it. However, one should understand that the either or situation is to be mutually come at. If the employer is not ready to agree on notice buy out, He can withheld the release letter.
Nonetheless, register AD your resignation and ask them to settle out the F&F by considering the option of notice buy out as stated in the appointment letter. Also mention to issue you the relieving and experience letter at the earliest.
Worst case scenario -
Do you mean you do not serve the notice, and since they are not agreeing to notice buy out option, you don't avail that and don't get relieving letter?
They will list you absconded.
Depends if they wish to publish the same or not, depends on the nature of work and the industry you serve in.
Many companies do need proper relieving letter to take the things further.
Since you would be using the appointment letter and salary slips, you would be mentioning this employment. While background verification, they may contact your this employer, and they may give you a red mark. Even if they do not add the spices to the original story, the fact that you didn't serve proper notice and you weren't relieved properly can't be changed.
Hope this helped you.
From India, Mumbai
Hello Tanyaa,
Further to the detailed inputs mentioned by Ankita Shah, can you pl pick-off from your Appointment Letter the relevant Clause about the Notice Period--VERBATIM?
Invariably, most, if not all, companies mention a line AFTER what you mentioned: 'at the discretion of the management' or similar such wording--essentially with this meaning.
So you can't use just one part of the line that's in your favor & leave the rest that's inconvenient.
Irrespective of what the 'certain reasons' from your end for not serving the NP may be, you SHOULD HAVE factored-in this aspect when you resigned. At least you should have checked-out discretely the possible scenarios IF you don't serve the Notice Period--which would have preempted this awkward situation.
As far as using your Appointment & Appraisal Letters, Salary Slips to prove your tenure in this company, in addition to the points mentioned by Ankita Shah, pl understand that companies have different ways of discriminating between GENUINE cases where the HR is harassing the employee by refusing to issue the Documents & cases where the employee is taking this scenario as a ruse to get away from his/her primary responsibility of honoring his/her commitment to the job--that of proper & complete knowledge xfer.
All the Best.
Rgds,
TS
From India, Hyderabad
Further to the detailed inputs mentioned by Ankita Shah, can you pl pick-off from your Appointment Letter the relevant Clause about the Notice Period--VERBATIM?
Invariably, most, if not all, companies mention a line AFTER what you mentioned: 'at the discretion of the management' or similar such wording--essentially with this meaning.
So you can't use just one part of the line that's in your favor & leave the rest that's inconvenient.
Irrespective of what the 'certain reasons' from your end for not serving the NP may be, you SHOULD HAVE factored-in this aspect when you resigned. At least you should have checked-out discretely the possible scenarios IF you don't serve the Notice Period--which would have preempted this awkward situation.
As far as using your Appointment & Appraisal Letters, Salary Slips to prove your tenure in this company, in addition to the points mentioned by Ankita Shah, pl understand that companies have different ways of discriminating between GENUINE cases where the HR is harassing the employee by refusing to issue the Documents & cases where the employee is taking this scenario as a ruse to get away from his/her primary responsibility of honoring his/her commitment to the job--that of proper & complete knowledge xfer.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Tanya,
I would suggest you to go thru the terms & conditions of your appointment letter, in case if it is specifically stated that either you have to serve notice period and in lieu of that payment of notice pay then it is on the discretion of the employer or employee whether they want serving of notice period or payment of notice pay.
Therefore it is incorrect on part of a employer to hold releasing letter. You can always quote this situation to next employer and prove your employment with the company by documents as stated by you. i.e. salary slips etc.
I have slightly different opinion from other friends who had given their valuable comments/ suggestion in this matter.
By merely not accepting Resignation by employer can't compel a employee to serve company without his/her will when specific condition with respect to notice period/ pay is stated in letter of appointment.
I would like to put it other way round, If a employer doesn't want a person in the system due to any reason then is it compulsory on his part to allow a person to serve notice period while appointment letter have option to opt for either notice pay or serving of notice period.
Pl note appointment letter is supposed to be a contract documents between employer & employee and conditions specified does have their own importance.
In view of this, i would request you to please inform your next employer suitably and tell the truth, if they needs you they will accept your contentions.
From India, New Delhi
I would suggest you to go thru the terms & conditions of your appointment letter, in case if it is specifically stated that either you have to serve notice period and in lieu of that payment of notice pay then it is on the discretion of the employer or employee whether they want serving of notice period or payment of notice pay.
Therefore it is incorrect on part of a employer to hold releasing letter. You can always quote this situation to next employer and prove your employment with the company by documents as stated by you. i.e. salary slips etc.
I have slightly different opinion from other friends who had given their valuable comments/ suggestion in this matter.
By merely not accepting Resignation by employer can't compel a employee to serve company without his/her will when specific condition with respect to notice period/ pay is stated in letter of appointment.
I would like to put it other way round, If a employer doesn't want a person in the system due to any reason then is it compulsory on his part to allow a person to serve notice period while appointment letter have option to opt for either notice pay or serving of notice period.
Pl note appointment letter is supposed to be a contract documents between employer & employee and conditions specified does have their own importance.
In view of this, i would request you to please inform your next employer suitably and tell the truth, if they needs you they will accept your contentions.
From India, New Delhi
Hello:
Legally, no specific performance can be enforced in contract of employment. Which means employer cannot insist on physical presence / work from employee if employee has offered to pay in lieu of shortfall in notice pay. Therefore, employer not providing clean release on this geound isn't tenable. (Google for Specific Relief Act and Specific performance of contract and get more dope, if you like)
By the way, each employee is entitled to a service certificate. Model standing orders under Industrial Employment (standing orders) act also provide for this.
However, legal remedy is never quick. It is ideal if you can discuss and try to find some mid-way solution amicably. Hopefully, knowing that you are on legally sound wicket you can devise a strategy to seek favorable outcome :-)
Cheers
Legally, no specific performance can be enforced in contract of employment. Which means employer cannot insist on physical presence / work from employee if employee has offered to pay in lieu of shortfall in notice pay. Therefore, employer not providing clean release on this geound isn't tenable. (Google for Specific Relief Act and Specific performance of contract and get more dope, if you like)
By the way, each employee is entitled to a service certificate. Model standing orders under Industrial Employment (standing orders) act also provide for this.
However, legal remedy is never quick. It is ideal if you can discuss and try to find some mid-way solution amicably. Hopefully, knowing that you are on legally sound wicket you can devise a strategy to seek favorable outcome :-)
Cheers
Thank you all for your valuable suggestion.
Well, since most of you needed some clarification regarding the 'certain reasons' of my resignation and unwillingness to serve the notice period, i would like to elaborate my present work situation.
I work for small organization, that does not even have a HR. There are number of areas related to employee benefits and other regulations where there is no proper written guidelines, and those things precisely depend on the mood of my employer. Different treatment to different employees for the same situation is not very uncommon. However, as i was in good terms with my employer (and also my ignorance related to the HR related issues, as it is my first job) and i kind of liked my job, i had never discussed these with him.
In the last few months i suffered from poor health condition and also felt mentally exhausted and less productive due to long work hours (on an average its 12-14 hours a day). I tried to communicate in vain. So i resigned. My boss just verbally accepted that, and did not communicate anything regarding the exit procedure. After that, i am burdened with too much work, and being taunted on every single issue. He also accused me of hiding things during the appraisal, though in reality, i started mentioning about my health conditions and mental exhaustion from February. Extreme stress of the situation was my reason to for a shorten notice period. I did not refuse a proper handover as well. However, there was no written communication with my boss about the short notice period.
in the last few days, it was communicated by my seniors that he would not provide any release letter and make life hell for that person (another colleague of mine has also resigned). they also told me how he made ex-employees suffer for the balance salary and release letter, and did not provide any thing at all to few who served even for more than two years. I have worked here for 2 years 10 months precisely and cant take a chance with something that may jeopardize my career. now I have no other option other than serving my notice period.
However, still new projects are being allotted to me and there is no communication regarding the project handover, despite asking about it in writing. Ankita and Govind, you guys mentioned about handover of the project which may suffer in the respective employees' absence. Our Company is highly under stuffed and i have got no clue if my employer is looking for my replacement. Our projects usually take 1.5 - 2 months to be completed. can my employer under any circumstance, force me to complete the new projects? Also, m worried that even if i successfully manage to serve my notice period (i know it might sound immature, but i have my limitations to accept things i don't deserve), my employer will delay (or worse, refuse) my salary and release letter. Please suggest how i can handle this. M so much under pressure at the moment.
My appointment letter is at present at my home in kolkata. will post the exact clause of notice period shortly. And thankfully, i have all my academic records with me.
Thank u all once again for your time and consideration.
Best wishes,
Tania
From India, Mumbai
Well, since most of you needed some clarification regarding the 'certain reasons' of my resignation and unwillingness to serve the notice period, i would like to elaborate my present work situation.
I work for small organization, that does not even have a HR. There are number of areas related to employee benefits and other regulations where there is no proper written guidelines, and those things precisely depend on the mood of my employer. Different treatment to different employees for the same situation is not very uncommon. However, as i was in good terms with my employer (and also my ignorance related to the HR related issues, as it is my first job) and i kind of liked my job, i had never discussed these with him.
In the last few months i suffered from poor health condition and also felt mentally exhausted and less productive due to long work hours (on an average its 12-14 hours a day). I tried to communicate in vain. So i resigned. My boss just verbally accepted that, and did not communicate anything regarding the exit procedure. After that, i am burdened with too much work, and being taunted on every single issue. He also accused me of hiding things during the appraisal, though in reality, i started mentioning about my health conditions and mental exhaustion from February. Extreme stress of the situation was my reason to for a shorten notice period. I did not refuse a proper handover as well. However, there was no written communication with my boss about the short notice period.
in the last few days, it was communicated by my seniors that he would not provide any release letter and make life hell for that person (another colleague of mine has also resigned). they also told me how he made ex-employees suffer for the balance salary and release letter, and did not provide any thing at all to few who served even for more than two years. I have worked here for 2 years 10 months precisely and cant take a chance with something that may jeopardize my career. now I have no other option other than serving my notice period.
However, still new projects are being allotted to me and there is no communication regarding the project handover, despite asking about it in writing. Ankita and Govind, you guys mentioned about handover of the project which may suffer in the respective employees' absence. Our Company is highly under stuffed and i have got no clue if my employer is looking for my replacement. Our projects usually take 1.5 - 2 months to be completed. can my employer under any circumstance, force me to complete the new projects? Also, m worried that even if i successfully manage to serve my notice period (i know it might sound immature, but i have my limitations to accept things i don't deserve), my employer will delay (or worse, refuse) my salary and release letter. Please suggest how i can handle this. M so much under pressure at the moment.
My appointment letter is at present at my home in kolkata. will post the exact clause of notice period shortly. And thankfully, i have all my academic records with me.
Thank u all once again for your time and consideration.
Best wishes,
Tania
From India, Mumbai
Dear Tanya,
Thanks for the insight.
I can understand your situation very well.
While I was working in my previous job, the situation was quite similar. I was looking for a generalist role and had mentioned the same to my ex-employer whilst in interview. However, due to market crunching situation, I decided to take up a recruiter's position at a consultancy till the time something works up.
Later I found, these people will not relieve me and in order to get proper relieving done, I had to take a few smart steps. I got to know that after I resigned, a lot of people resigned and the employer made them suffer for it as they thought they got provoked by me resigning them.
Anyway, that is the story of the SMBs and most of them who lack the empathy for others.
In such case, I would like to mention you foll option:
Since you are stressed and are suffering on your health, you might be having medical certificate from your family doctor.
Please attach the certificate with your resignation letter, cite a last working date and write that you would be willing to do proper handover in that time.
Mention there that, as per the service rules in general, one can't change the job roles considerably for a person who is resigning.
No one can deny you a relieving and experience letter when you are willing to do proper exit formality.
Also tell them that if denied you will have to take further steps and get legal aid to get the experience & relieving letters for the job you've done.
All the best.
From India, Mumbai
Thanks for the insight.
I can understand your situation very well.
While I was working in my previous job, the situation was quite similar. I was looking for a generalist role and had mentioned the same to my ex-employer whilst in interview. However, due to market crunching situation, I decided to take up a recruiter's position at a consultancy till the time something works up.
Later I found, these people will not relieve me and in order to get proper relieving done, I had to take a few smart steps. I got to know that after I resigned, a lot of people resigned and the employer made them suffer for it as they thought they got provoked by me resigning them.
Anyway, that is the story of the SMBs and most of them who lack the empathy for others.
In such case, I would like to mention you foll option:
Since you are stressed and are suffering on your health, you might be having medical certificate from your family doctor.
Please attach the certificate with your resignation letter, cite a last working date and write that you would be willing to do proper handover in that time.
Mention there that, as per the service rules in general, one can't change the job roles considerably for a person who is resigning.
No one can deny you a relieving and experience letter when you are willing to do proper exit formality.
Also tell them that if denied you will have to take further steps and get legal aid to get the experience & relieving letters for the job you've done.
All the best.
From India, Mumbai
I had signed service agreement of 2 years that if I leave company before completing 2 years, I'll have to pay 50k and serve 30 days notice period. However the service agreement does not mention what happens if company policy revises. The appointment letter states that in case company policy changes New policies would be applicable. Now company policy has revised to 90 days notice period, to which company has not obtained agreement and simply issued a notice. Company is asking me to serve 90 days notice period and pay 50k. And not giving me any kind of documents to support their demand. Is it worth fighting a case. if yes under what section of IPC?
From India, Delhi
From India, Delhi
Agreement or bond to retain an employee is illegal in India. It simply amounts to bonded labour. Through bond or agreement company can maximum recover the cost of any training, if provided to the employee, and nothing else. But for that company has to follow long procedure of litigation to recover the same. You are not required to pay 50K even if you leave.
Regarding the notice period, since your initial appointment letter had 30 days notice period it will remain in force. Company cannot change any clause of the appointment letter once it is issued unless a notice of change under section 9 of Industrial dispute act is given and both parties have to agree to such change in conditions. It cannot be one sided.
If you want to resign, simply give a resignation letter citing the 30 days notice period clause which you are willing to serve. Keep an acknowledgement copy of such resignation letter which is important. If the company refuses to accept resignation letter, then send it through registered post and keep the receipt and track report with you. Thereafter depending on the next course of action by the company, more advice can be given. However, this kind of activity does not attract the provisions of IPC.
Check my blog at www.labourlawhub.com
From India, Kolkata
Regarding the notice period, since your initial appointment letter had 30 days notice period it will remain in force. Company cannot change any clause of the appointment letter once it is issued unless a notice of change under section 9 of Industrial dispute act is given and both parties have to agree to such change in conditions. It cannot be one sided.
If you want to resign, simply give a resignation letter citing the 30 days notice period clause which you are willing to serve. Keep an acknowledgement copy of such resignation letter which is important. If the company refuses to accept resignation letter, then send it through registered post and keep the receipt and track report with you. Thereafter depending on the next course of action by the company, more advice can be given. However, this kind of activity does not attract the provisions of IPC.
Check my blog at www.labourlawhub.com
From India, Kolkata
In the appointment letter company has written that your appointment will be governed by rules and regulations of company which are liable to change. In the service agreement, nothing of such sort is written. So does that mean that while I am under service agreement the provisions of service agreement shall prevail unless another such agreement is made?
The service agreement states 30 days notice period and 50k liquidated damages and mentions no where what happens if company policy gets revised. The company policy has revised to 90 days notice period which I am serving. Still they are asking for 50k and not giving me in writing where is it mentioned to serve 90 days and pay 50k. Verbally they have said they'll not process full and final settlement and issue service certificate unless I pay 50k. They are not even sharing a copy of the service agreement I signed. And saying they'll take legal action if I don't pay.
Can the company with hold my service certificate in such cases? I am supposed to join government and job where I would need to produce service certificate.
From India, Delhi
The service agreement states 30 days notice period and 50k liquidated damages and mentions no where what happens if company policy gets revised. The company policy has revised to 90 days notice period which I am serving. Still they are asking for 50k and not giving me in writing where is it mentioned to serve 90 days and pay 50k. Verbally they have said they'll not process full and final settlement and issue service certificate unless I pay 50k. They are not even sharing a copy of the service agreement I signed. And saying they'll take legal action if I don't pay.
Can the company with hold my service certificate in such cases? I am supposed to join government and job where I would need to produce service certificate.
From India, Delhi
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