Dear all,
My colleague went through hell recently. He got this world class job opportunity in a world class MNC. I mean it was a dream job that he had always wanted.
He had put up his resignation letter, through proper channel, through his departmental head to HR dept.; he had also verbally indicated to HR Head that he was willing to pay for the three months notice period (his offer letter indicated " three months notice period or salary in lieu thereof; by either side in writing" )
My employer refused to give any acceptance of resignation and said that they would only give any kind of release letter at the end of three months and that if he wanted to leave immediately he could do so, but without any documentation.
My colleague was flabbergasted and repeatedly pleaded with the senior management but in vain; as the MNC he had to join required some kind of letter from our HR dept. My colleagues' departmental head also destroyed his voluntary termination of employment letter. My colleague finally lost the offer.
Based on these incidents, all of us here are also dreading what would we do if the same thing happened to us.
CAN THE EMPLOYER FORCEFULLY RETAIN US EVEN IF WE ARE WILLING TO PAY 'THE SALARY IN LIEU THEREOF' FOR THE NOTICE PERIOD??
Regards,
Ltreginald
From India, Ponda
My colleague went through hell recently. He got this world class job opportunity in a world class MNC. I mean it was a dream job that he had always wanted.
He had put up his resignation letter, through proper channel, through his departmental head to HR dept.; he had also verbally indicated to HR Head that he was willing to pay for the three months notice period (his offer letter indicated " three months notice period or salary in lieu thereof; by either side in writing" )
My employer refused to give any acceptance of resignation and said that they would only give any kind of release letter at the end of three months and that if he wanted to leave immediately he could do so, but without any documentation.
My colleague was flabbergasted and repeatedly pleaded with the senior management but in vain; as the MNC he had to join required some kind of letter from our HR dept. My colleagues' departmental head also destroyed his voluntary termination of employment letter. My colleague finally lost the offer.
Based on these incidents, all of us here are also dreading what would we do if the same thing happened to us.
CAN THE EMPLOYER FORCEFULLY RETAIN US EVEN IF WE ARE WILLING TO PAY 'THE SALARY IN LIEU THEREOF' FOR THE NOTICE PERIOD??
Regards,
Ltreginald
From India, Ponda
Dear friends,
if any company or hr department is doind like this than we can take legal action against
the hr or company, or we can threat them in this way, we can also go to civil.
But this decision should be final. And should be taken at end. If no way is there.
Regards
rakesh
From India, Korba
if any company or hr department is doind like this than we can take legal action against
the hr or company, or we can threat them in this way, we can also go to civil.
But this decision should be final. And should be taken at end. If no way is there.
Regards
rakesh
From India, Korba
I’m still seeking some advice to my query. Friends kindly share your thoughts.. Regards, Ltreginald
From India, Ponda
From India, Ponda
you might be refering to software companies.
now a days, the exit needs to be planned in proper manner; if that is not done,situations like above will be common.
that apart please read the clause in the appointment letter carefully.
Though the 3 months notice can be served by either of the parties (employer or employee) usually the company ensures that it has final right to accept or reject the payment in lieu of 3 months notice keeping in view the requirements of job/projects at hand and employees involvement in it.
the meaning of the para will be such that Company can remove you by giving notice immediately but when you do the same, company has right to reject your request and ask you to serve full 90 days. period.
if this is not the case, give a formal and legal notice that you are termination the employment as per the appointment letter, you do not intend to continue further and that you are paying the amount as per the appointment letter; gather and keep the evidence to prove in future that you have worked in the company; like your salary slips, bank statements, pf statements, hard/soft copy of emails pertaining to your employment like offer letter, appointment letter; address proof document issued by the HR while you were applying for LPG/Telephone connection; also inform the Responsiblity Hand-Over Procedures that you are going to adopt and the number of days that you can spare for such hand -over. make it clear that you do not carry any project related documents with you and you are intending to hand over them to a Responsible Company Official at the earliest.
Take in writing that your employer has satisfied himself that you do not carry any Project/work related material with you either in paper or in electronic format.
Do not have Project or work related details as evidence of your employment; they might be confidential documents and public disclosure of the same can lead to severe legal action action against you.
only thing remains is that employee plans his exit in proper manner well in advance; short notice can never work for employee, however right he might be unless the company co-operates.
also note that the company that he will be joining, will also have similar clauses.
there is no escape from these clauses; they are similar across all companies.
From India, Pune
now a days, the exit needs to be planned in proper manner; if that is not done,situations like above will be common.
that apart please read the clause in the appointment letter carefully.
Though the 3 months notice can be served by either of the parties (employer or employee) usually the company ensures that it has final right to accept or reject the payment in lieu of 3 months notice keeping in view the requirements of job/projects at hand and employees involvement in it.
the meaning of the para will be such that Company can remove you by giving notice immediately but when you do the same, company has right to reject your request and ask you to serve full 90 days. period.
if this is not the case, give a formal and legal notice that you are termination the employment as per the appointment letter, you do not intend to continue further and that you are paying the amount as per the appointment letter; gather and keep the evidence to prove in future that you have worked in the company; like your salary slips, bank statements, pf statements, hard/soft copy of emails pertaining to your employment like offer letter, appointment letter; address proof document issued by the HR while you were applying for LPG/Telephone connection; also inform the Responsiblity Hand-Over Procedures that you are going to adopt and the number of days that you can spare for such hand -over. make it clear that you do not carry any project related documents with you and you are intending to hand over them to a Responsible Company Official at the earliest.
Take in writing that your employer has satisfied himself that you do not carry any Project/work related material with you either in paper or in electronic format.
Do not have Project or work related details as evidence of your employment; they might be confidential documents and public disclosure of the same can lead to severe legal action action against you.
only thing remains is that employee plans his exit in proper manner well in advance; short notice can never work for employee, however right he might be unless the company co-operates.
also note that the company that he will be joining, will also have similar clauses.
there is no escape from these clauses; they are similar across all companies.
From India, Pune
Dear all,
( I had already posted this query last week and am still seeking some advice into what could an employee do if he faced the situation that my colleague went through).
My colleague went through hell recently. He got this world class job opportunity in a world class MNC. I mean it was a dream job that he had always wanted.
He had put up his resignation letter, through proper channel, through his departmental head to HR dept.; he had also verbally indicated to HR Head that he was willing to pay for the three months notice period (his offer letter indicated " three months notice period or salary in lieu thereof; by either side in writing" )
My employer refused to give any acceptance of resignation and said that they would only give any kind of release letter at the end of three months and that if he wanted to leave immediately he could do so, but without any documentation.
My colleague was flabbergasted and repeatedly pleaded with the senior management but in vain; as the MNC he had to join required some kind of letter from our HR dept. My colleagues' departmental head also destroyed his voluntary termination of employment letter. My colleague finally lost the offer.
Based on these incidents, all of us here are also dreading what would we do if the same thing happened to us.
CAN THE EMPLOYER FORCEFULLY RETAIN US EVEN IF WE ARE WILLING TO PAY 'THE SALARY IN LIEU THEREOF' FOR THE NOTICE PERIOD??
Regards,
Ltreginald
From India, Ponda
( I had already posted this query last week and am still seeking some advice into what could an employee do if he faced the situation that my colleague went through).
My colleague went through hell recently. He got this world class job opportunity in a world class MNC. I mean it was a dream job that he had always wanted.
He had put up his resignation letter, through proper channel, through his departmental head to HR dept.; he had also verbally indicated to HR Head that he was willing to pay for the three months notice period (his offer letter indicated " three months notice period or salary in lieu thereof; by either side in writing" )
My employer refused to give any acceptance of resignation and said that they would only give any kind of release letter at the end of three months and that if he wanted to leave immediately he could do so, but without any documentation.
My colleague was flabbergasted and repeatedly pleaded with the senior management but in vain; as the MNC he had to join required some kind of letter from our HR dept. My colleagues' departmental head also destroyed his voluntary termination of employment letter. My colleague finally lost the offer.
Based on these incidents, all of us here are also dreading what would we do if the same thing happened to us.
CAN THE EMPLOYER FORCEFULLY RETAIN US EVEN IF WE ARE WILLING TO PAY 'THE SALARY IN LIEU THEREOF' FOR THE NOTICE PERIOD??
Regards,
Ltreginald
From India, Ponda
Dear Member,
In case your employee is not accepting the Resignation. Please send it through the Mail. That is a document, mention about your offer and about your pay.
Further, Make a D.D. of your Three Month pay and send it to them through the Registered Post. with a covering letter. That is all, the same can be produced with the New Company and explain them about the situation and you could join immediately.
Regards,
SIDMAN
From India, Madras
2In case your employee is not accepting the Resignation. Please send it through the Mail. That is a document, mention about your offer and about your pay.
Further, Make a D.D. of your Three Month pay and send it to them through the Registered Post. with a covering letter. That is all, the same can be produced with the New Company and explain them about the situation and you could join immediately.
Regards,
SIDMAN
From India, Madras
Dear Sidman,
Thanks again; that idea I think would work.
But what if the new company really wants some kind of acceptance of resignation from the present employer. Actually in my friends' case, his new job offer-er said this document was essential to for officially proving that he is not on the rolls of two companies simultaneously at the same time.
Regards,
Ltreginald
From India, Ponda
Thanks again; that idea I think would work.
But what if the new company really wants some kind of acceptance of resignation from the present employer. Actually in my friends' case, his new job offer-er said this document was essential to for officially proving that he is not on the rolls of two companies simultaneously at the same time.
Regards,
Ltreginald
From India, Ponda
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