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Anonymous
Hi,
This is for a friend of mine who works in a BGL based IT company. He resigned and completed 60 days of notice period. There was no response to his resignation email from HR saying "accepted" or "not accepted". He sent reminder emails asking to be relieved, no response during the notice period and after that as well. He has spent one month beyond his resignation now, still no response. HR and his manager orally tell him that he won't get relieved unless he completes the current project. He asked for an approx. relieving date in an email for the same, no response. He has been forced to go the client place and he refused in the end. For now he got an email from that company saying it is losing business because of him and it will lead severe consequences. This now has become a threat and he is under so much stress. What should he do ? Go for legal action ? (He has email copies of his resignation and reminders)

From United States, Hightstown
Sreeram70
38

Sir, What is the current status of your friend, Is he getting his salary? do your friend have any other offer on hand? if yes, it is advised to speak to Management and HR also and make them aware of this development and YES the current JOB on hand also must not suffer, to keep this interest you can ask HR to depute any other employee so that you can train him to handle the project and the client in Question can be releaved. Taking legal action do not take much time, but it will have its impact on the carrier of your friend. Therefore irrespective of the documentation proofs he has it is advised to discuss and settle the matter. If things flow above the head then of-course there is a remedy of Legal action. All the best: JSR
From India, Hyderabad
lakshmi87*
54

Hi

please read his t n c of offer and any committment like service agreement executed beyond offer. what is the role and responsibility of your friend in that co?. Let him send a registered letter to the management and copy to HR, informing that current assigned job is executed and you should see no additional job assinged after his resignation. if it is given it need not be taken up as he has submitted resignation and communicated to seek separation on specified. if he has done all the above. then, he can approach Labour Commissioner of the company jurisdiction and submit the resignation letter copy sent to co-HR, along with a letter of completion of assigned jobs earlier to resignation and saying no pending jobs which was sent to HR and seeking relieving on specified date for separation, if he is not getting reply to this letter, his resignation is deemed acceptance and construed as relived from role and responsibility assigned against offer of acceptance. This will help LC to intervene and send notice to Managerment to appear for a settlement.

Actually, as per shops and establishement act , says only one month notice to relive an employee, unless otherwise co has Registered Standing Orders , any stipulation beyond one month notice period (30days) is null and void under the act.

From India, Hyderabad
abhaybandekar
70

On the last work day, you should write a letter/email to Company stating , ‘Today is my last work day in this Organisation, as per my Notice of resignation dated…….. I have completed all the tasks, assigned to me, and till today not received any intimation from the Management about any pending issue, to be attended, from my side. I have handed over all the charge of my duties, records etc to the respective Eexecutive. I confirm from tomorrow I am not in the employment of this Organisaton.
Lakshmi87 has suggested right way to move ahead.
The question now arises is whether this employer will settle f&f dues honestly !!

From India, Mumbai
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