Hi,
I am presently employed with an MNC. I had resigned around one month back from the organization and currently serving notice period of 3 months. But, as we had seen in this forum now and then, the company had started muscle flexing with the employees who resign.
As a result, the manager and HR department is not providing even the acceptance of the resignation!! Even the last working day is not communicated in writting.
In these circumstances, I fear that they might try to play foul games at the end of 3 months notice period, like not giving the relieving or signing the exit forms etc.
Although, in my case, I will serve the complete 3 months notice period, are there chances that the organization tries to retain me ahead of three months?
What are the legal actions I can take against the organization to get official relieving in case they say at the end of three months that my resgnation had not yet been accepted!!
Thanks in advance.
From India, Faridabad
I am presently employed with an MNC. I had resigned around one month back from the organization and currently serving notice period of 3 months. But, as we had seen in this forum now and then, the company had started muscle flexing with the employees who resign.
As a result, the manager and HR department is not providing even the acceptance of the resignation!! Even the last working day is not communicated in writting.
In these circumstances, I fear that they might try to play foul games at the end of 3 months notice period, like not giving the relieving or signing the exit forms etc.
Although, in my case, I will serve the complete 3 months notice period, are there chances that the organization tries to retain me ahead of three months?
What are the legal actions I can take against the organization to get official relieving in case they say at the end of three months that my resgnation had not yet been accepted!!
Thanks in advance.
From India, Faridabad
Dear Rikki,
Don't think of any legal action in anticipation at the very beginning. Even for any legal action you may need to make a strong background for that. So, start making a strong base to your resignation being effective on the day you want to get relieved. Don't keep silent over the issue after you have submitted your resignation letter. . If the management has not responded so far, the first thing you do is send an email to HR Manager with request to acknowledge the receipt of your resignation letter effective from ...... date.
If still no response, remind politely after another 7-10 days through email and also letter through registered post for acknowledging the receipt of your resignation letter. You can flash another email reminder or letter reminder after another 2 weeks. Thereafter, just 2 weeks before the effective date of resignation, request the HR to intimate you what action has been taken on your resignation letter. If still there is no response, just before one week of the effective date, flash another email as well as a registered Acknowledgment Due letter to the management with the copy to the MD that in the even no response you will be free to deem the resignation to have been accepted from the due date after the expiry period of notice.
BUT, be sure that your every email or letter must contain reference to all of your previous correspondences in each of such communications. I am sure, this way, they will definitely respond to your communications.
And, even if there is still no response and you don't attend office from the effective date the management would not be able to take any legal action against you, as you would already have made a strong base for your cause of action.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
387Don't think of any legal action in anticipation at the very beginning. Even for any legal action you may need to make a strong background for that. So, start making a strong base to your resignation being effective on the day you want to get relieved. Don't keep silent over the issue after you have submitted your resignation letter. . If the management has not responded so far, the first thing you do is send an email to HR Manager with request to acknowledge the receipt of your resignation letter effective from ...... date.
If still no response, remind politely after another 7-10 days through email and also letter through registered post for acknowledging the receipt of your resignation letter. You can flash another email reminder or letter reminder after another 2 weeks. Thereafter, just 2 weeks before the effective date of resignation, request the HR to intimate you what action has been taken on your resignation letter. If still there is no response, just before one week of the effective date, flash another email as well as a registered Acknowledgment Due letter to the management with the copy to the MD that in the even no response you will be free to deem the resignation to have been accepted from the due date after the expiry period of notice.
BUT, be sure that your every email or letter must contain reference to all of your previous correspondences in each of such communications. I am sure, this way, they will definitely respond to your communications.
And, even if there is still no response and you don't attend office from the effective date the management would not be able to take any legal action against you, as you would already have made a strong base for your cause of action.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
Thanks Mr. Dhingra for your valuable comments...
I get a clear message that I have to be proactive in dealing with the company if they try doing something out of the policy framework. Will update you with the related developments.
Best Regards,
rikki_gaurav
From India, Faridabad
I get a clear message that I have to be proactive in dealing with the company if they try doing something out of the policy framework. Will update you with the related developments.
Best Regards,
rikki_gaurav
From India, Faridabad
Dear Mr.Dhingra,
There was an employee in our office who worked with us from Dec'09. Now, in the month of March'11 after rec. the salaries in the account, he has fwd. the resignation by mail w/o serving the notice period. When his reporting manager called him, he did not bother to pick the phone.
As A HR I called him than he picked up the phone & after discussion he came to office for F&F but he left w/o informed to anyone. When I called him for the notice period or the payment of one month salary which is mentioned in the Appt. letter, he denied for this and threatened us to do the legal formalities, if you want.
Please advice wat action I should take ?
From India, Gurgaon
There was an employee in our office who worked with us from Dec'09. Now, in the month of March'11 after rec. the salaries in the account, he has fwd. the resignation by mail w/o serving the notice period. When his reporting manager called him, he did not bother to pick the phone.
As A HR I called him than he picked up the phone & after discussion he came to office for F&F but he left w/o informed to anyone. When I called him for the notice period or the payment of one month salary which is mentioned in the Appt. letter, he denied for this and threatened us to do the legal formalities, if you want.
Please advice wat action I should take ?
From India, Gurgaon
Hi Gaurav, Can u let me know that after following the procedure told by Mr. Dhingra,Ur resignation has been accepted or not. Actually I just want to know what should one do in this situation.
From India, Delhi
From India, Delhi
Dear Ujala,
Sorry for delay in response to your thread, as I could see only your thread tody when the CiteHR referred the same to me due to introduction of its latest referring back system.
Anyway, in the case you reported, if that happenned, a clear disciplinary case becomes due against the employee, if he has tried to treat the management in such an indisciplined manner. Master-servant relations have to be duly honoured by both the sides. He cannot take the management at ransom. He should have got himself formally relieved after acceptance of his resignation, not have treated himself arbitrarily at his own discretion. His threat of legal formalities should be taken as a challenge by the management.
Contrarily, the management should serve him with a charge sheet first and thereafter a legal notice failing which he must be treated as on unauthorised absence. Follow due procedure for taking disciplinary action against him. You can issue charge sheet to him, get the inquiry conducted, may be ex-parte if he does not attend inquiry, and on the basis of the enquiry report he should not only be dismissed post-facto, but also a case should be filed against him on the basis of the legal notice to recover the notice amount due.
TO MAINTAIN DISCIPLINE OF THE ORGANISATION AMONGST ALL OTHER EMPLOYEES, SO THAT NO EMPLOYEE SHOULD FOLLOW HIS EXAMPLE, MUST NOT REFRAIN FROM MAKING DUE EXPENDITURE TO SET AN EXAMPLE OF A STRONG MANAGEMENT THAT CANNOT BE TAKEN UNDUE ADVANTAGE OF ANY TYPE OF WEAKNESS OF THE MANAGEMENT.
From India, Delhi
Sorry for delay in response to your thread, as I could see only your thread tody when the CiteHR referred the same to me due to introduction of its latest referring back system.
Anyway, in the case you reported, if that happenned, a clear disciplinary case becomes due against the employee, if he has tried to treat the management in such an indisciplined manner. Master-servant relations have to be duly honoured by both the sides. He cannot take the management at ransom. He should have got himself formally relieved after acceptance of his resignation, not have treated himself arbitrarily at his own discretion. His threat of legal formalities should be taken as a challenge by the management.
Contrarily, the management should serve him with a charge sheet first and thereafter a legal notice failing which he must be treated as on unauthorised absence. Follow due procedure for taking disciplinary action against him. You can issue charge sheet to him, get the inquiry conducted, may be ex-parte if he does not attend inquiry, and on the basis of the enquiry report he should not only be dismissed post-facto, but also a case should be filed against him on the basis of the legal notice to recover the notice amount due.
TO MAINTAIN DISCIPLINE OF THE ORGANISATION AMONGST ALL OTHER EMPLOYEES, SO THAT NO EMPLOYEE SHOULD FOLLOW HIS EXAMPLE, MUST NOT REFRAIN FROM MAKING DUE EXPENDITURE TO SET AN EXAMPLE OF A STRONG MANAGEMENT THAT CANNOT BE TAKEN UNDUE ADVANTAGE OF ANY TYPE OF WEAKNESS OF THE MANAGEMENT.
From India, Delhi
Dear All,
I resigned on 20th Jan, 2016 and joined another co despite of not getting relieving letter as the new co accepted me to join without relieving letter. The previous co told - replied by accepting my resignation online to complete three months notice which I didn't. Now till today they have not taken any legal action against me. But can they still take any legal action now or later. If yes, then why they kept quiet for more than two months?
From India, Pune
I resigned on 20th Jan, 2016 and joined another co despite of not getting relieving letter as the new co accepted me to join without relieving letter. The previous co told - replied by accepting my resignation online to complete three months notice which I didn't. Now till today they have not taken any legal action against me. But can they still take any legal action now or later. If yes, then why they kept quiet for more than two months?
From India, Pune
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