Hi, I am Rakesh working as a Asst Manager Sales in a Software Company, I have been working with them since 14 years, I have put my resignation on 23rd September and My HR Acknowledged it sending email revert that final decision will be made by Management.
After 1and half month I got email from my Manager stating that your resignation is rejected and request to withdraw.
After few days when I reach my HR about F&F amount, she update me that you doest not revert back that email and saying that your resignation is null and void. And same that when I revert back them that I am not withdrawing from my resignation they update that your notice period will start from today onwards.
I request them that i have been working last 14 years with this company and i am already serving my 90 days notice and committed to my next organization to join, they are pressurising to serve the extended notice period, otherwise they will cut amount from my F&F.
Plz guide me how to handle this situation as I am already serving 90 days notice period commitment. I am very tensed.
From India, New Delhi
After 1and half month I got email from my Manager stating that your resignation is rejected and request to withdraw.
After few days when I reach my HR about F&F amount, she update me that you doest not revert back that email and saying that your resignation is null and void. And same that when I revert back them that I am not withdrawing from my resignation they update that your notice period will start from today onwards.
I request them that i have been working last 14 years with this company and i am already serving my 90 days notice and committed to my next organization to join, they are pressurising to serve the extended notice period, otherwise they will cut amount from my F&F.
Plz guide me how to handle this situation as I am already serving 90 days notice period commitment. I am very tensed.
From India, New Delhi
Hi,
It looks not good the way you were treated by your employer after 14 years of service period. You could have followed up with your HR regarding your DOR after mailing the resignation. Now option one is that you can approach your HR with copies of email correspondence and can fight for your relieving. However your employer may take upper hand and may try to manipulate false charges against you which will complicate your relieving.
Other option is to request with HR and try to resolve the issue amicably by compromising on your DOR to some extend
If you decide to fight legally being a civil case it may prolong for long years or months.
So please try for amicable split
From India, Madras
941It looks not good the way you were treated by your employer after 14 years of service period. You could have followed up with your HR regarding your DOR after mailing the resignation. Now option one is that you can approach your HR with copies of email correspondence and can fight for your relieving. However your employer may take upper hand and may try to manipulate false charges against you which will complicate your relieving.
Other option is to request with HR and try to resolve the issue amicably by compromising on your DOR to some extend
If you decide to fight legally being a civil case it may prolong for long years or months.
So please try for amicable split
From India, Madras
Dear Rakesh ji,
Its very easy if your contract has a term specified in it then you must serve that term or else it will be a breach of contract. If there is no contract or no term is specified (see this Things To Remember While Drafting A Valid Employment Contract) then the following are the notices specified under the law is only 45 days.
As you said you have been working for more than 14 years. I do not think there will be contract. Tell your employer that he cannot legally restrain you from exercising your right to choose another employment. If there is such a contract it is void. See this See This Before Signing of Contract of Employment: Agreement In Restraint of Profession and Employment Contract:-.
From India, Kolkata
Its very easy if your contract has a term specified in it then you must serve that term or else it will be a breach of contract. If there is no contract or no term is specified (see this Things To Remember While Drafting A Valid Employment Contract) then the following are the notices specified under the law is only 45 days.
As you said you have been working for more than 14 years. I do not think there will be contract. Tell your employer that he cannot legally restrain you from exercising your right to choose another employment. If there is such a contract it is void. See this See This Before Signing of Contract of Employment: Agreement In Restraint of Profession and Employment Contract:-.
From India, Kolkata
Dear Sir,
Plz note that I am not signed any contract, I am not able to understand that if I am already serving the 90 days notice period, then how my company & HR are directing me to serve notice period choosen by them.
As per them if I am not serving the extended notice period they will recover the amount from my F&F.
Plz guide me how to handle this matter as I am requesting them that I have committed to the next company too. They are adamant to serve the extended notice period.
I will be very thankful for your advice.
From India, New Delhi
Plz note that I am not signed any contract, I am not able to understand that if I am already serving the 90 days notice period, then how my company & HR are directing me to serve notice period choosen by them.
As per them if I am not serving the extended notice period they will recover the amount from my F&F.
Plz guide me how to handle this matter as I am requesting them that I have committed to the next company too. They are adamant to serve the extended notice period.
I will be very thankful for your advice.
From India, New Delhi
As per my knowledge, it can be resolved with either serving notice period or notice pay. Notice pay means, it's only basic salary. Make a DD in favour of your company and close the issue as you committed to join in your next job. I hope that you have chosen a dream job in your company. As already VML sir said, you should follow up with HR for your date of release.
Further please make plan about your clearance for company assets or any dues along with your experience certificates.
Many thanks
G.Vasanth
9677866697
From India, Mumbai
Further please make plan about your clearance for company assets or any dues along with your experience certificates.
Many thanks
G.Vasanth
9677866697
From India, Mumbai
Dear Sir,
Plz note that I am already serving 90 days notice which is going to be complete by 23rd December, but current company is asking to serve notice period till February 25 next year which is not justified.
I have communicated the situation to my next company and they are willing to take me without relieving letter.
My biggest trauma is that how they can ask me to serve beyond the notice period. They are hinting me that your salary, leave encashment, gratuity can be blocked.
Please suggest how to reply them.
From India, New Delhi
Plz note that I am already serving 90 days notice which is going to be complete by 23rd December, but current company is asking to serve notice period till February 25 next year which is not justified.
I have communicated the situation to my next company and they are willing to take me without relieving letter.
My biggest trauma is that how they can ask me to serve beyond the notice period. They are hinting me that your salary, leave encashment, gratuity can be blocked.
Please suggest how to reply them.
From India, New Delhi
I would like to highlight that my resignation is already acknowledged from my HR on 23rd September and she had given tentative last working day will be 23rd December 2019; any leave taken during notice period will extend your last working day by the number of days of leave taken.
i have not taken a single leave and serving 90 days notice period, in between they are trying to change my resignation date from 23rd to 25th feb.
Please suggest how to come out this situation.
From India, New Delhi
i have not taken a single leave and serving 90 days notice period, in between they are trying to change my resignation date from 23rd to 25th feb.
Please suggest how to come out this situation.
From India, New Delhi
When you put up your letter of resignation your HR acknowledged it by sending mail. Take a print-out of it and discuss with your HR. You can very assertively tell that you can give balance notice period and co-operate with your management. Still your HR is adamant that you have to work upto 90 days notice period, you can ask for a resignation acceptance letter afresh indicating your date of relieving.
If your prospective employer is not insisting for a relieving order from your current employer, you may join the date which is asked to you. Else, try to personally meet the HR of the new employer, show the correspondence and request for extension of joining date.
With best wishes
From India, Aizawl
If your prospective employer is not insisting for a relieving order from your current employer, you may join the date which is asked to you. Else, try to personally meet the HR of the new employer, show the correspondence and request for extension of joining date.
With best wishes
From India, Aizawl
Thanks for the above suggestions. To all respective members, I want to update that my new employer have no issues in joining.
Plz suggest how to negotiate for my reliving letter and my F&F, as my F&F carry a hard amount. As I am requesting to my current employer that I am already serving notice period of 90 days, after a long gap they are asking me to serve another notice period based on their note. Kindly suggest can an employer take decision on employees resignation (as employee have no contract & no handholding) whether they can stop an employee to serve extended notice period on their own condition.
Need your earliest suggestion will help me to put them a email on the same.
From India, New Delhi
Plz suggest how to negotiate for my reliving letter and my F&F, as my F&F carry a hard amount. As I am requesting to my current employer that I am already serving notice period of 90 days, after a long gap they are asking me to serve another notice period based on their note. Kindly suggest can an employer take decision on employees resignation (as employee have no contract & no handholding) whether they can stop an employee to serve extended notice period on their own condition.
Need your earliest suggestion will help me to put them a email on the same.
From India, New Delhi
Hello Sir,
Kindly suggest with your generous comment.
I hope you could understand my situation and the biggest deal is that this is my first job & little worried about the further consequences. How do I tackle with the current employer & such persons for whom i served my duties for last 14 years.
Kindly suggest.
From India, New Delhi
Kindly suggest with your generous comment.
I hope you could understand my situation and the biggest deal is that this is my first job & little worried about the further consequences. How do I tackle with the current employer & such persons for whom i served my duties for last 14 years.
Kindly suggest.
From India, New Delhi
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