Pourusham
HI All,
Due to unprofessional behaviour shown by my manager, I have send my resignation to my director and asked to relieve me immediately with out serving notice period But he did not replied to my email, since he not replaying to my email, I stopped going to office.
In above circumstances how can I get my relieving and experience letter from the company, please advice the same.
Thanks.

From India, Hyderabad
Dinesh Divekar
7881

Dear Pourusham,

You have clubbed two different things. One is reason for the separation from the company and another is procedure for the separation. Whatever may be the reason, you need to follow the procedure as per the terms and conditions outlined in your appointment letter.

Secondly, if you had disagreement with your manager then you could have handled it professionally. Why you did not put up application to redress your grievance? You have written that your manager behaved unprofessionally however, that did not mean that company is also unprofessional. In fact you have resigned in huff. In average company this would be construed as immature behaviour. Worst still you have stopped going to office. Unless you are officially removed from the rolls of the company, how can you take decision unilaterally to stop going to the office? Is this not unprofessional behaviour?

I recommend going to the office personally, talk to HR and sort out the matter.

Thanks,

Dinesh Divekar


From India, Bangalore
saswatabanerjee
2392

You have not given any details of the company, industry or the structure of the organisation. Further, you have not stated what is the professional behaviour. Is it a disagreement about the way to do a certain thing? Or is it abusive behaviour? Or is it amounting to sexual harassment…
The action/reaction redressal of the cases is completely different. How the company would also depends on what actual matter is. If you give us further details, perhaps someone will be able to guide you properly

From India, Mumbai
Pourusham
Hi Dinesh Divekar,
Thanks for your advice, Manger was speaking loudly in the lobby and did not bother to talk to me in the conference room. He was adamant at showing me down in bad light in front of the whole office by explicitly pointing me in a very authoritative way.
He told me not to touch anything. Hence, I have left the Company provided laptop at my desktop. Looks like he is hell bent on sending me away from the office premises by commanding me not to touch office related resources. As I cannot sit idle, I did not have any other option but to leave the office premises. Due to this, I am not able to going to office.
Still management is not acknowledging my resignation letter and not demanding for serve for notice period. this is a small software company, there is no HR department in this organization, please advice how to processed further.
Thanks,

From India, Hyderabad
Dinesh Divekar
7881

Dear Pourusham,
You have described the behaviour of the manager. However, question comes to one's mind that why did he do that? Does he behave same way with everybody? Your manager reports to whom? Did you inform him/her about your Manager's behaviour?
Did you commit some grave mistake that compelled the manager to behave that way? Was there customer satisfaction of the highest kind? Was the tension between both of you was brewing anyway and on one fine day the lid was off?
What is your designation? In what department do you work? Do you report to the Manager who misbehaved with you? What about the HR? Do you have means to escalate (in other words grievance redressal mechanism)?
As written in earlier reply, you may go and discuss about your resignation with the HR. It was HR who had issued appointment letter to you. Therefore, process separation also goes through that department?
Thanks,
Dinesh Divekar

From India, Bangalore
Pourusham
Hi Dinesh Divekar,
Thanks for your reply, finally director replied to email stating that "Your employment with Company has been terminated as of July 11th 2016. We will process your paperwork and send your final paycheck to your home address (below) by end of July’ 2016".
My concern that, how employer will terminate after my resignation? if employer issue termination letter instead of reliving letter, what is the impact on my career? please advice how to over come this problem.
Thanks.

From India, Hyderabad
Pourusham
Hi Dinesh Divekar,
Thank you for your reply, finally my director replied to my resignation email, stating that, "Your employment with company has been terminated as of July 11th 2016. We will process your paperwork and send your final paycheck to your home address (below) by end of July’ 2016.
My concern is, how employer will terminate after I resigned to my job? if employer issue's a termination letter instead of relieving letter, what will be the impact on my career, how to overcome this problem. Please advice the same.
Thanks,

From India, Hyderabad
Dinesh Divekar
7881

Dear Pourusham,
At this stage, you can only wait and watch. What to do if your company issues termination letter? This is a hypothetical question as of now. Take a printout of the mail and keep it with you.
Nevertheless, for any termination, there has to be domestic enquiry and in the enquiry, misconduct of the employee has to be proved. This is the basic requirement. This is weakness from their side.
From your side, when you stopped reporting for your duties, it is called as abandonment of employment. You have weakened your case because of abandonment.
Have you handed over the all the material that company had issued to you? Have you deposited the identity card? If not, keep scanned copy and photocopy with you and deposit it.
Thanks,
Dinesh Divekar

From India, Bangalore
Pourusham
Hi Dinesh Divekar,
Thanks for your support, I have not abandonment of employment, my manager told me not to touch anything. Hence, I have left the Company provided laptop at my desktop. Looks like he is hell bent on sending me away from the office premises by commanding me not to touch office related resources. As I cannot sit idle, I did not have any other option but to leave the office premises. Due to this, I am not able to going to office, but no one from management side, did not called me and why I am not attending my duties. Today morning at 10:30 A.M, simply the replied to my resignation email.
I did not deposited the identity card, very soon I will deposit the same.
Thanks,

From India, Hyderabad
Dinesh Divekar
7881

Dear Pourusham,

If your manager told not to touch anything, if your entry to the office was blocked then immediately you should have addressed letter to the MD of the company. Your company is not personal property of the manager.

In case if you did not get support from the MD then you should have made formal complaint to the Labour Office of your area. One single call from Labour Officer would have straightened everybody. Even well-established companies do not wish to go against Labour Offices. You have missed this golden opportunity. I have given this suggestion several times on this forum and these have worked very well.

When employees face unfair practices, they can avail of the redressal mechanism that government has created. Rather than availing of these services, you sent the resignation mail and stopped going to the office. Nothing wrong in separating from the company as such, however, your approach was wrong.

On spot dismissals happen because of the lack of the knowledge of the labour laws. It is the duty of the management to educate all the managers on the provisions of the labour laws. However, this is far cry in India.

Thanks,

Dinesh Divekar

From India, Bangalore
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