Dear Friend,
You are just being held to ransom in an abosultely unethical and illegal manner. Normally the terms and conditions spelt out in Appointment Letters are:
" In the event of your resignation/leaving the Company you shall be obliged to give to the Co......month's notice or pay to the Co. salary in lieu of such notice thereof".
In you case it is three months or three months' salary in lieu of such notice.
Since you are willing to "buy out your Notice Period", there is no reason why the Co. should not accept your resignation and relieve you as per your request.
In not doing so the Co. is only demonstrating extremely poor HR practices and a very poor Corporate image.
Like one of our friends has said in one of the responses, there is no point in wasting your time and resources in contemplating legal action which would prove to be even more frustrating and a long drawn out process.
You MUST write in detail to the MD or the CEO or to any other decision maker in the Co. about the manner in which you are being treated and harassed by people down the line.
Under the circumstances you could enrich yourself by doing some meaningful reading and utilizing the time available to you.
You have the option of just walking away after explaing your point of view in writing, but then such set of people will certainly create problems in settling your dues in Full & Final and you may end up losing your rightful dues.
It is most unfortunate, but we do have some such poor HR practioners and we have to live with them.
For any help, assistence or guidance you are most welcome to contact me anytime.
Cheers!!!
Vasant Nair
09717726667
From India, Mumbai
90You are just being held to ransom in an abosultely unethical and illegal manner. Normally the terms and conditions spelt out in Appointment Letters are:
" In the event of your resignation/leaving the Company you shall be obliged to give to the Co......month's notice or pay to the Co. salary in lieu of such notice thereof".
In you case it is three months or three months' salary in lieu of such notice.
Since you are willing to "buy out your Notice Period", there is no reason why the Co. should not accept your resignation and relieve you as per your request.
In not doing so the Co. is only demonstrating extremely poor HR practices and a very poor Corporate image.
Like one of our friends has said in one of the responses, there is no point in wasting your time and resources in contemplating legal action which would prove to be even more frustrating and a long drawn out process.
You MUST write in detail to the MD or the CEO or to any other decision maker in the Co. about the manner in which you are being treated and harassed by people down the line.
Under the circumstances you could enrich yourself by doing some meaningful reading and utilizing the time available to you.
You have the option of just walking away after explaing your point of view in writing, but then such set of people will certainly create problems in settling your dues in Full & Final and you may end up losing your rightful dues.
It is most unfortunate, but we do have some such poor HR practioners and we have to live with them.
For any help, assistence or guidance you are most welcome to contact me anytime.
Cheers!!!
Vasant Nair
09717726667
From India, Mumbai
Dear Carthykn,
I have read your poser and the replies thereto. The first point to be examined is the clause in your appointment letter. While it obviously contains a provision for notice period, is there any provision permitting you to buy out your notice period, at your option? If there is no specific provision to that effect, the company can certainly refuse you that privilege. The same can be said about adjusting your accumulated leave against the notice period. This is not a right of the employee and is, at best, a concession permitted by some employers.
Yes, you have the option of "walking out" on your present employer immediately and leave it to them to adjust your leave against your balance notice period. But, you would not be given a good reference, if desired. They may also not give you a proper relieving letter.
No one can be compelled to serve another against his wish, but may be compelled to do so within the terms of a contract, as it is in your case. Once you have served out your notice period, you can walk out from your present employer and no one can force you to continue.
For now, the best you can do is to try and convince your present employer to relieve you gracefully, adjusting your balance notice period against your leave, or allowing you to buy it off.
Regards,
Gerry
From India, New Delhi
I have read your poser and the replies thereto. The first point to be examined is the clause in your appointment letter. While it obviously contains a provision for notice period, is there any provision permitting you to buy out your notice period, at your option? If there is no specific provision to that effect, the company can certainly refuse you that privilege. The same can be said about adjusting your accumulated leave against the notice period. This is not a right of the employee and is, at best, a concession permitted by some employers.
Yes, you have the option of "walking out" on your present employer immediately and leave it to them to adjust your leave against your balance notice period. But, you would not be given a good reference, if desired. They may also not give you a proper relieving letter.
No one can be compelled to serve another against his wish, but may be compelled to do so within the terms of a contract, as it is in your case. Once you have served out your notice period, you can walk out from your present employer and no one can force you to continue.
For now, the best you can do is to try and convince your present employer to relieve you gracefully, adjusting your balance notice period against your leave, or allowing you to buy it off.
Regards,
Gerry
From India, New Delhi
Dear Carthy,
It clearly understood that you have several reasons "why you don't like to stick with your current one"? Also, Seems that When you go indepth, You come out with a lot of Explanations to prove your side to be good. Moreover, You are looking a positive image from our side.
My suggestion to you that "JUST GO AHEAD WHAT YOU HAD IN MIND".
Dear All Members, I had seen this same experience with some of my friends that eventhough they asked these, they are not ready to pick up our suggestions and wanted to go in their own way.
And also, I agree with Mr. Peer's words in the mean time.
Regards,
jana
From India, Jhajjar
It clearly understood that you have several reasons "why you don't like to stick with your current one"? Also, Seems that When you go indepth, You come out with a lot of Explanations to prove your side to be good. Moreover, You are looking a positive image from our side.
My suggestion to you that "JUST GO AHEAD WHAT YOU HAD IN MIND".
Dear All Members, I had seen this same experience with some of my friends that eventhough they asked these, they are not ready to pick up our suggestions and wanted to go in their own way.
And also, I agree with Mr. Peer's words in the mean time.
Regards,
jana
From India, Jhajjar
Dear Carthykn
I endorse the opinion of Gerry.
Unlike others Gerry has not been JUDGEMENTAL about your action/proposed actions, and given a balanced professional opinion after considering all the possible situations.
I especially agree to the following points of his opinion :
At the same time, I wish to add :
So, the options you have at your disposal are :
But, nevertheless, all said and done; it is not the way good companies work or treat their employees.
Obviously, you made a wrong choice in selecting such an employer. I hope you don't commit the same mistake again; which would rightly be, a blunder.
Best wishes.
From India, Delhi
I endorse the opinion of Gerry.
Unlike others Gerry has not been JUDGEMENTAL about your action/proposed actions, and given a balanced professional opinion after considering all the possible situations.
I especially agree to the following points of his opinion :
- Company can refuse buying notice period.
- Company can refuse adjusting against leave balance (i.e. refuse grant of leave to you) and insist on paying for the leave at the time of full & final settlement.
At the same time, I wish to add :
- Company can make you sit idle without any substantial work - after all they are paying you and company would not trust any new or important assignment to a person who is intent on leaving.
So, the options you have at your disposal are :
- Wait patiently till notice period gets over.
- Negotiate amicably an early release.
- Walk out.
But, nevertheless, all said and done; it is not the way good companies work or treat their employees.
Obviously, you made a wrong choice in selecting such an employer. I hope you don't commit the same mistake again; which would rightly be, a blunder.
Best wishes.
From India, Delhi
Thank you all for reply, That really gives me lots of confidence.
I dont want to gain a bad after bud taste from anyone, I am just trying for various options and dont want to take any hard move.
Thought taking legal action would be easy, than fighting with the manager.
Can anyone elaborate on relieving based on the leaves in hand reducing the notice period, I have 20 days earned leave.
Will the saturday and sunday also come into account.
Say 30days in september , if iam taking the working days alone in account i am eligible to be relieved by 3rd of septemeber. [8days-saturday and sunday]
Is that how it works.
I dont want to gain a bad after bud taste from anyone, I am just trying for various options and dont want to take any hard move.
Thought taking legal action would be easy, than fighting with the manager.
Can anyone elaborate on relieving based on the leaves in hand reducing the notice period, I have 20 days earned leave.
Will the saturday and sunday also come into account.
Say 30days in september , if iam taking the working days alone in account i am eligible to be relieved by 3rd of septemeber. [8days-saturday and sunday]
Is that how it works.
Are you in India? If yes, Indians are treated like dogs in their own country by their Employers because of no stringent labor laws, social security and slow legal proceedings.
1. First things first, stay calm. relax. Don't get aggressive and don't be reactive. It shouldn't be reflected on your face. Keep it in..swallow it.
2. Legal action and things like that are pain staking and would take lot of time for getting justice in India especially.
3. Why are you just getting stuck between your HR and HR managers? If you are not getting a solution then why didn't you escalate it to the next level? HR and Line Managers are most of the time confused and try to exploit Employees as much as possible. But the top management is unaware of it. So your job is make them aware by escalating it further.
4. Let me give you a flow of escalation. Your Manager --> wait for 2 days for his response --> No response then follow up again, wait for 2 days --> no response follow up again but keep HR in the loop now --> wait for 2 days --> no response --> escalate it to the next level don't keep HR and your manager in the loop --> no response follow up and keep taking it to the next level until you reach the top management or CEO of the company.
5. Don't get scared when you are escalating. I see that most of the Employees get scared to escalate issues to the top management. I personally won't even be afraid to email the president of India to get my matters settled. If you don't get any favorable response from your company then involve labor minister of the state and central govt. and keep escalating till you approach the president or prime minister. This is the better alternative rather than jumping into legal actions. try all your options out before you proceed with legal option.
6. I gave this formula to my friend recently and things worked out in much quicker pace in her favor. She was bit reluctant at first but when I asked her to do it for her life then she gave it a shot. She was to get relieved in 30 days but when she escalated they relieved her in 2 days.
7. Try it out and tell me the result.
8. Good Luck.
Remember: Your attempt may fail; but never fail to attempt..
My 2 cents here...
From China, Shenzhen
1. First things first, stay calm. relax. Don't get aggressive and don't be reactive. It shouldn't be reflected on your face. Keep it in..swallow it.
2. Legal action and things like that are pain staking and would take lot of time for getting justice in India especially.
3. Why are you just getting stuck between your HR and HR managers? If you are not getting a solution then why didn't you escalate it to the next level? HR and Line Managers are most of the time confused and try to exploit Employees as much as possible. But the top management is unaware of it. So your job is make them aware by escalating it further.
4. Let me give you a flow of escalation. Your Manager --> wait for 2 days for his response --> No response then follow up again, wait for 2 days --> no response follow up again but keep HR in the loop now --> wait for 2 days --> no response --> escalate it to the next level don't keep HR and your manager in the loop --> no response follow up and keep taking it to the next level until you reach the top management or CEO of the company.
5. Don't get scared when you are escalating. I see that most of the Employees get scared to escalate issues to the top management. I personally won't even be afraid to email the president of India to get my matters settled. If you don't get any favorable response from your company then involve labor minister of the state and central govt. and keep escalating till you approach the president or prime minister. This is the better alternative rather than jumping into legal actions. try all your options out before you proceed with legal option.
6. I gave this formula to my friend recently and things worked out in much quicker pace in her favor. She was bit reluctant at first but when I asked her to do it for her life then she gave it a shot. She was to get relieved in 30 days but when she escalated they relieved her in 2 days.
7. Try it out and tell me the result.
8. Good Luck.
Remember: Your attempt may fail; but never fail to attempt..
My 2 cents here...
From China, Shenzhen
Weekends won't be considered. Companies consider business days only.
Leaves:
1. You can either take the leaves in your notice period (some don't allow this) so try the next option
2. You can get it paid (but some companies pay it based on basic salary). You need to enquire how it would be paid if you go ahead with this option.
3. You can reduce your notice period based on your leaves.
From China, Shenzhen
Leaves:
1. You can either take the leaves in your notice period (some don't allow this) so try the next option
2. You can get it paid (but some companies pay it based on basic salary). You need to enquire how it would be paid if you go ahead with this option.
3. You can reduce your notice period based on your leaves.
From China, Shenzhen
Thats true Rajkumar. getting into a company having 3months notice period is danger and better to enquire with friends and join the company.
I did join this company out of my over confidence, not going to do this again at all.
Where there is a will there is a way .... will keep you updated.
I did join this company out of my over confidence, not going to do this again at all.
Where there is a will there is a way .... will keep you updated.
Hi All,
I am stuck in a situation where I have resigned and comapny is holding my relieving letter.
1. My appointment letter says notice period of 1 month by wither party.
2. I resigned on 10th sept 2009 and supposed to get released on 9th october 2009.
3. Till 3rd October they did not send me acceptance mail of my resignation by verbally told that they will release on last day.
4. Now they tells that they will give relieving letter after one month from now. Also they say that they have right to know about the work and company I am going to.
5. they also threatening like they will terminate on some ground of breech of trust if i stay back in company from now. so they told not to come office and collect relieving letter later.
Kindly , let me know what can be done. What rights I have to ask for my relieving letter on time. what are HR policies
Thanks in advance.
From India, Bangalore
I am stuck in a situation where I have resigned and comapny is holding my relieving letter.
1. My appointment letter says notice period of 1 month by wither party.
2. I resigned on 10th sept 2009 and supposed to get released on 9th october 2009.
3. Till 3rd October they did not send me acceptance mail of my resignation by verbally told that they will release on last day.
4. Now they tells that they will give relieving letter after one month from now. Also they say that they have right to know about the work and company I am going to.
5. they also threatening like they will terminate on some ground of breech of trust if i stay back in company from now. so they told not to come office and collect relieving letter later.
Kindly , let me know what can be done. What rights I have to ask for my relieving letter on time. what are HR policies
Thanks in advance.
From India, Bangalore
Dear Carthykn,
Please read your Appointment Letter carefully, particularly the Exit Clause. The answer lies there.
However, if the Co. still wants to play dirty, they can and get away with doing so.
Some Co. do so. We gotta live with it.
Please read my response given in an earlier thread.
Vasant Nair
From India, Mumbai
Please read your Appointment Letter carefully, particularly the Exit Clause. The answer lies there.
However, if the Co. still wants to play dirty, they can and get away with doing so.
Some Co. do so. We gotta live with it.
Please read my response given in an earlier thread.
Vasant Nair
From India, Mumbai
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Dispciplinary Action.doc
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DISCIPLINARY ACTION.ppt