Apart from the valuable inputs from learned friends, I would suggest you obtain your relieving letter as this would absolve you in all future negative feedback by the company in the form of background verification by future employers. The relieving letter will relieve both from their contractual obligations of your job and the company will not be a position to take any legal action in the near future once relieved, meaning the end of the contractual relationship.
Instead of sending them a legal notice, you can file a formal complaint giving the background to the Dy Commission of Labour which will be conciliated and you may obtain your relieving letter through this mediation. If there is any compliance minus by the company, they will be exposed.
From India, Mumbai
Instead of sending them a legal notice, you can file a formal complaint giving the background to the Dy Commission of Labour which will be conciliated and you may obtain your relieving letter through this mediation. If there is any compliance minus by the company, they will be exposed.
From India, Mumbai
Being seniormost person in a MNC company, should responsibility of admin, facility function. During this tenure, we were rewarded with some points from the Hotel for giving reservation and that I had utilised. Is it against the company policy? If yes, then how come the company provided credit card is being used for their personal purpose. Can anyone suggest me. I have been forced by my Boss to resign immediately.
From India
From India
Hey Dear, Just don't worry, it's very difficult to prove about the breach of confidentiality clause. You said that they have sent you resignation acceptance letter. In such case how is termination possible. Further also it's very difficult to track your non-compete and non-solicitation agreement.
Just chill and relax.
In case if you still need any help just get in touch with me.
From India, Mumbai
Just chill and relax.
In case if you still need any help just get in touch with me.
From India, Mumbai
Dear Friend and Seniors,
Greetings for the day...
Please let me know where I am wrong. Termination is a vast subject and they can not terminate you overnight. They need to follow all the proceeding such as Suspension Letter, Charge Sheet, Domestic Inquiry, Inquiry Report, Evidence, etc. It is time consuming process and takes a lot of time. No employer can terminate you without any prior Notice Period or if the crime is so grave as per your Certified Standing Orders and Terms & Conditions of the Appointment Letter (Accepted by you). The employer needs to prove it (even) if you have (actually) done it.
If they have asked you to resign forcefully, you cant do anything because you can't prove it in court as it is an written evidence and you can't challenge it. As it is written by your own hand and may contain your signature or If by your mail, the company can prove it that is done by you.
Now comes the last two points, that if it may affect your future employment. So it will not affect unless and until it is specified in the reliving letter about your termination. so try and get the job as soon as possible as delay may lead to several questions in the mind of next employer.
Last Point is if you challenge them in the Labour Court, this may lead to harassment to you only you may require to be present in the court for your rights (if you are having all the evidences that your termination is wrong). If your next employer come to know about your such action they may not hire you (depends upon the understanding of next employer and your convincing).
A sincere apologies for used hard words in between but its the truth.
Best Wishes for your future and in case you need any help you can mail me anytime. I would be happy to help you.
From India, Chandigarh
Greetings for the day...
Please let me know where I am wrong. Termination is a vast subject and they can not terminate you overnight. They need to follow all the proceeding such as Suspension Letter, Charge Sheet, Domestic Inquiry, Inquiry Report, Evidence, etc. It is time consuming process and takes a lot of time. No employer can terminate you without any prior Notice Period or if the crime is so grave as per your Certified Standing Orders and Terms & Conditions of the Appointment Letter (Accepted by you). The employer needs to prove it (even) if you have (actually) done it.
If they have asked you to resign forcefully, you cant do anything because you can't prove it in court as it is an written evidence and you can't challenge it. As it is written by your own hand and may contain your signature or If by your mail, the company can prove it that is done by you.
Now comes the last two points, that if it may affect your future employment. So it will not affect unless and until it is specified in the reliving letter about your termination. so try and get the job as soon as possible as delay may lead to several questions in the mind of next employer.
Last Point is if you challenge them in the Labour Court, this may lead to harassment to you only you may require to be present in the court for your rights (if you are having all the evidences that your termination is wrong). If your next employer come to know about your such action they may not hire you (depends upon the understanding of next employer and your convincing).
A sincere apologies for used hard words in between but its the truth.
Best Wishes for your future and in case you need any help you can mail me anytime. I would be happy to help you.
From India, Chandigarh
Hi,
A confidentiality breach is generally taken very seriously by a company. If you haven't made any mistake, this comes under wrongful termination. Moreover, HR behaviour seems very unprofessional. Any non compete or non-solicitation agreement must have a time frame. They cannot hold you against it indefinitely. Since you are getting your relieving letter without those clauses, it shouldn't pose a problem for you.
You can ignore these 'threats' and join a new organisation
Click on the "+" sign for more helpful answers like these
Regards,
Sairam Bandi
From India, Bengaluru
A confidentiality breach is generally taken very seriously by a company. If you haven't made any mistake, this comes under wrongful termination. Moreover, HR behaviour seems very unprofessional. Any non compete or non-solicitation agreement must have a time frame. They cannot hold you against it indefinitely. Since you are getting your relieving letter without those clauses, it shouldn't pose a problem for you.
You can ignore these 'threats' and join a new organisation
Click on the "+" sign for more helpful answers like these
Regards,
Sairam Bandi
From India, Bengaluru
Dear Friend
Non-competes and bonds are simply a trap set by weak corporations (Organisations) that have difficulty retaining talent. Mostly unprofessional companies do practice the same.
Your value doesn't decrease based on someone's inebility to see your worth. Believe in yourself.
If you are right why do you bother about threatening, termination, resignation and confidentaility breach and all. You should be mould by yoursef not by others (organisations).
Yours Sincerely
Mohan Nair
From India, Mumbai
Non-competes and bonds are simply a trap set by weak corporations (Organisations) that have difficulty retaining talent. Mostly unprofessional companies do practice the same.
Your value doesn't decrease based on someone's inebility to see your worth. Believe in yourself.
If you are right why do you bother about threatening, termination, resignation and confidentaility breach and all. You should be mould by yoursef not by others (organisations).
Yours Sincerely
Mohan Nair
From India, Mumbai
In my view, if an employee is terminated. The reason should be mentioned on the termination letter. Some times reason may not affect in any way the hiring or that employee coming on board of your roles. Only care should be taken if it is of any conduct issues, baring which I feel there should be no fear of hiring an individual. Thanks.
From India
From India
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