Yes, I follow your instructions. Also, let me try to talk to him to settle without any issues. Mainly, my boss is not talking with me and giving any information on my relieving. I know very well that he is upset with my resignation, but I don't have any option due to family.

Regards,

Uttuj

From India, Mumbai
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Yes, but they are two different people. One who wants to learn, and the other one just follows jugad policies. I feel strongly that my HR falls into the second category. Anyhow, I got a big relief from our discussions and will also update you on the outcome of my learnings through this conversation in getting a smooth exit from my current employer.

Thanks & Regards,
uttuj

From India, Mumbai
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Congrats, Uttuj.

Now, don't call yourself a pure technical person. You have learned a few HR tricks TOO ;)

There is nothing called failure; it's learning. You also now know how people and bosses react after your resignation. Moreover, as you have mentioned, the period (number of days) between leaving and joining a competitor was not specified. If any questions are raised, just tell them.

In the letter, the period was not mentioned, so I presumed it to be one week or one day. Please show me where you have mentioned the period in the letter given to me or signed by me. And you WON the war of words... not court, no litigation is required in case of unclear information.

ALL THE BEST!

From India, Delhi
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Hello,

Practically, where else would a person join if not a competitor? A simple example is that if I am a doctor resigning from an X hospital, I would definitely be joining another hospital. I will not join a CA firm, a lawyer, or retail.

Please do not worry if you are from the automobile/pharmacy industries (examples); you are expected to have a certain set of expertise in the same field only. Go ahead and apply. I'm sure if you have a valid reason and all documents and degrees in place, no one can stop you!

Please give a proper notice and leave in a positive way, ensuring you get all your experience and relieving letters.

Hope this helps! All the best for your new job!

From India, Delhi
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Anonymous
1

Smart companies would not have such clauses. In fact, what we have done is different. While statutory gratuity of half a month is provided for, we have created our own gratuity which is in addition to the statutory gratuity. Under this scheme, every employee who has completed 5 years of service would be entitled to one month's last drawn salary when they leave the company, subject to a maximum ceiling of 12 months' last drawn salary. However, we have a provision that if the employee resigns, there is a waiting period of 6 months to claim this benefit. Additionally, this company gratuity will only be paid to those who do not join the competition. The company's definition of competition would be final as to who qualifies as competition.

This approach has resulted in key middle and senior employees not being lured by competitors, as they would have to compensate the employee for the loss of gratuity.

We do not force anyone not to join the competition; the choice is theirs. If they refrain from joining the competition for at least 6 months, they receive their non-statutory gratuity. Our manpower turnover of employees who have completed 5 years of service has decreased significantly from 21% to 3%. HR is now able to focus more on organizational development and employee-related work rather than recruitment.

I wanted to share this as an example that companies can handle situations positively instead of harassing employees, which can lead to maintaining goodwill with resigned employees and sending a positive message to potential new hires.

From Nigeria
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Dear All,

Still, my problem has not yet been resolved. I understand that my boss is creating issues rather than HR. After doubting this, I started collecting information about his background and nature. He doesn't have a good background, and he has caused similar troubles for many people. He has also shared some critical data in violation of the NDA. As a result, there is a case against him and his previous company. I have gathered all the necessary information. I am considering sending an email to the Joint Commissioner of Labour, District Collector, and Assistant Labour Commissioner with all the evidence related to my situation. What do you experts suggest I do in this case?

Thank you.

From India, Mumbai
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