Hi,
I am from Assam. Currently I am staying in Delhi and working in Gurgaon. I have been working in a company for last 3 years. I have recently resigned citing medical reasons and willing to serve 15 days notice period. I also agreed to compensate for rest of the notice period.
However, my resignation has not been accepted by my manager and according to him and the HR, I need to serve a 1 month notice period otherwise they will not issue any relieving letter.
However, at the time of joining the company, we signed the offer letter which clearly states that I need to serve 1 month notice period OR we have to compensate if the full notice period is not served. I have also signed a 6 months bond in the year 2008 for travelling abroad which I have already served .
Accoriding to HR, that policy has now been changed and the new policy says that the Relieving letter will not be issued if one month notice period is not served.
Now, I am really frustrated for all this. I really want to go back to my hometown as I am not fit to work.
Please advise if there is any legal action that I can take against the company as they are not releasing me and not taking my medical cause seriously.
Also if possible let me know whom to approach in Delhi.
Siddharth
From United Kingdom, London
I am from Assam. Currently I am staying in Delhi and working in Gurgaon. I have been working in a company for last 3 years. I have recently resigned citing medical reasons and willing to serve 15 days notice period. I also agreed to compensate for rest of the notice period.
However, my resignation has not been accepted by my manager and according to him and the HR, I need to serve a 1 month notice period otherwise they will not issue any relieving letter.
However, at the time of joining the company, we signed the offer letter which clearly states that I need to serve 1 month notice period OR we have to compensate if the full notice period is not served. I have also signed a 6 months bond in the year 2008 for travelling abroad which I have already served .
Accoriding to HR, that policy has now been changed and the new policy says that the Relieving letter will not be issued if one month notice period is not served.
Now, I am really frustrated for all this. I really want to go back to my hometown as I am not fit to work.
Please advise if there is any legal action that I can take against the company as they are not releasing me and not taking my medical cause seriously.
Also if possible let me know whom to approach in Delhi.
Siddharth
From United Kingdom, London
Hi Siddharth,
If the HR say that the notice period policy has been changed, then was the same intimated to all employees and the consent taken by taking the signatures of all the employees on the document that convey about change in notice period policy.
If the above thing is not done then the HR has to provide you the relieving letter as you are ready to serve 15 days notice and pay for the rest 15 days.
Regards,
Namratha
If the HR say that the notice period policy has been changed, then was the same intimated to all employees and the consent taken by taking the signatures of all the employees on the document that convey about change in notice period policy.
If the above thing is not done then the HR has to provide you the relieving letter as you are ready to serve 15 days notice and pay for the rest 15 days.
Regards,
Namratha
Dear Namratha,
Many thanks for your reply.
We were intimated about the policy change by an Email (pasted below in bold) from the Operations Director of our company. However, it was not documented and no one has signed on it. I have spoken to HR but they says that even the Indian Law can't force them to issue relieving letter to us. I really want my relieving letter otherwise my 3 yrs experiance will go in vain.
Please advise if the Indian law can force the company of issuing the Relieving / Experiance certificate.
Siddhartha Baruah
The below is the mail a that intimated us of policy change.
Over the past six months we have had a number of instances where employees have been allowed to leave without serving their full notice period (which at the present time is 1 month for all confirmed employees). The consequences and impact of allowing people to leave and not serve their full notice period can and is on many occasions service affecting. When people leave for example after two weeks, we are left short of resource, we allow our service levels to drop as we do not have the resource to provide the full service to the same level and we also put stress on our recruitment team to replace people at short notice. With effect from today (19/5/10) we are removing the authority to waive notice periods. All TL's and above should standardize their response, that the company requires their leaving employees to serve the complete 1 month notice period.
From United Kingdom, London
Many thanks for your reply.
We were intimated about the policy change by an Email (pasted below in bold) from the Operations Director of our company. However, it was not documented and no one has signed on it. I have spoken to HR but they says that even the Indian Law can't force them to issue relieving letter to us. I really want my relieving letter otherwise my 3 yrs experiance will go in vain.
Please advise if the Indian law can force the company of issuing the Relieving / Experiance certificate.
Siddhartha Baruah
The below is the mail a that intimated us of policy change.
Over the past six months we have had a number of instances where employees have been allowed to leave without serving their full notice period (which at the present time is 1 month for all confirmed employees). The consequences and impact of allowing people to leave and not serve their full notice period can and is on many occasions service affecting. When people leave for example after two weeks, we are left short of resource, we allow our service levels to drop as we do not have the resource to provide the full service to the same level and we also put stress on our recruitment team to replace people at short notice. With effect from today (19/5/10) we are removing the authority to waive notice periods. All TL's and above should standardize their response, that the company requires their leaving employees to serve the complete 1 month notice period.
From United Kingdom, London
Just do the below mentioned steps:
1. Send resignation.
2. Submit all company belongings to company HR and ask him/her to acknowledge.
3. Leave the company.
4. Send a legal notice thru labour lawyer.
You will get call from company HR and they will settle all the dues. Make sure you are not doing anything wrong. Company can't force you for even single day.
From India
31. Send resignation.
2. Submit all company belongings to company HR and ask him/her to acknowledge.
3. Leave the company.
4. Send a legal notice thru labour lawyer.
You will get call from company HR and they will settle all the dues. Make sure you are not doing anything wrong. Company can't force you for even single day.
From India
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Resignation Letter.jpg
Resignation cum relieving letter.doc