Hello Everyone,
I am Yudhvir Rana. Presently I am working with one of the most respected company in India. I have been working with this company for the past for last 4 years in Sales & Marketing in Chandigarh. Now I have got a good opportunity to work with the Leading MNC with better career enrichment and growth opportunities.
I have resigned at my Present job on July 6, 2010 but company is not accepting the same and is adamant to relieve me vis-s-vis change the policy dated June 26, 2010.
The Change in policy has been imposed on all the management cadre employees and says as under:
Notice Period
“In case of separation from service, notice period is three months on either side. The same is applicable during the probationary period as well. In the event of various assignments which an employee is required to complete, and if not completed by him / her within the scheduled notice period, the Company will be at liberty not to accept the three months’ notice period from him / her till such time the said assignments are completed. While employees hitherto had the option of giving three months’ gross salary in lieu of notice period at the time of submitting the resignation, the said option stands revoked and, it will not be permissible for the employees to give three months’ gross salary in lieu of notice period. In case of any employee leaving the Company's service without notice and/or without officially being relieved from the services of the Company, he / she shall be liable to be sued for damages.
Notwithstanding the above, the Company reserves the right to terminate the services of an employee at any time without notice if he / she is found to be guilty of absence from duty without prior intimation and/or permission for seven days or more, insubordination, non-performance, low productivity, disclosing confidential data or information pertaining to the Company, bonafide loss of confidence, misappropriation of Company’s funds, causing damage to the property of the Company, non-compliance of Company rules & regulations besides omission / commission of any act which may be prejudicial to the interest of the Company.
Other Terms & Conditions:
Upon separation from the services of the Company, it is expected that the employee, will not, for a period of one year, join or work in any capacity with the Company’s competitors or Company / Firm in similar nature of business / trade. Any breach and/or non-compliance in this regard shall render him / her liable to be sued for damages.
The above amendment comes into effect force with immediate effect and is applicable to all Employees in the Management Cadre on the rolls of the Company as on date and/or thereafter.
All other terms & conditions of the Contract of Employment shall remain unchanged. The Management reserves the right to amend / modify the rules as required from time to time.
With regard to this, i talked to my Branch Head and he insisted that i remain in the company and that its difficult to relieve me.
My new employer requires my relieving letter from this company. I wish to do things in the right way. I wish to know what my options are if my company doesn't provide me with a relieving letter. I hope that someone will read this and provide me with some advice.
Regards,
Yudhvir Rana
From India, Pune
I am Yudhvir Rana. Presently I am working with one of the most respected company in India. I have been working with this company for the past for last 4 years in Sales & Marketing in Chandigarh. Now I have got a good opportunity to work with the Leading MNC with better career enrichment and growth opportunities.
I have resigned at my Present job on July 6, 2010 but company is not accepting the same and is adamant to relieve me vis-s-vis change the policy dated June 26, 2010.
The Change in policy has been imposed on all the management cadre employees and says as under:
Notice Period
“In case of separation from service, notice period is three months on either side. The same is applicable during the probationary period as well. In the event of various assignments which an employee is required to complete, and if not completed by him / her within the scheduled notice period, the Company will be at liberty not to accept the three months’ notice period from him / her till such time the said assignments are completed. While employees hitherto had the option of giving three months’ gross salary in lieu of notice period at the time of submitting the resignation, the said option stands revoked and, it will not be permissible for the employees to give three months’ gross salary in lieu of notice period. In case of any employee leaving the Company's service without notice and/or without officially being relieved from the services of the Company, he / she shall be liable to be sued for damages.
Notwithstanding the above, the Company reserves the right to terminate the services of an employee at any time without notice if he / she is found to be guilty of absence from duty without prior intimation and/or permission for seven days or more, insubordination, non-performance, low productivity, disclosing confidential data or information pertaining to the Company, bonafide loss of confidence, misappropriation of Company’s funds, causing damage to the property of the Company, non-compliance of Company rules & regulations besides omission / commission of any act which may be prejudicial to the interest of the Company.
Other Terms & Conditions:
Upon separation from the services of the Company, it is expected that the employee, will not, for a period of one year, join or work in any capacity with the Company’s competitors or Company / Firm in similar nature of business / trade. Any breach and/or non-compliance in this regard shall render him / her liable to be sued for damages.
The above amendment comes into effect force with immediate effect and is applicable to all Employees in the Management Cadre on the rolls of the Company as on date and/or thereafter.
All other terms & conditions of the Contract of Employment shall remain unchanged. The Management reserves the right to amend / modify the rules as required from time to time.
With regard to this, i talked to my Branch Head and he insisted that i remain in the company and that its difficult to relieve me.
My new employer requires my relieving letter from this company. I wish to do things in the right way. I wish to know what my options are if my company doesn't provide me with a relieving letter. I hope that someone will read this and provide me with some advice.
Regards,
Yudhvir Rana
From India, Pune
in continuation of above in a similar but not exact circumstances (difference - here is downwards revision of the mandatory notice period by a month from 2 months to 1month by the company. however, my friend gave full 2 month notice). On repeated verbal requests he let the opportunity on hand and continued to work for the company and diligently so (he actually had a good opportunity financially). To his surprise, 11 months latter (from the date of his resignation) suddenly he received a e-mail followed by a hard copy latter confirming acceptance of his same old resignation.
Now legal is that?
No disciplinary issues?
No performance related issues?
(instead was rewarded with highest increment in salary, performance bonus and many incentives during the period).
this is an interesting and real case.
can we have views on legality, validity, values, ethics pertaining to the issue.
From Nepal, Kathmandu
Now legal is that?
No disciplinary issues?
No performance related issues?
(instead was rewarded with highest increment in salary, performance bonus and many incentives during the period).
this is an interesting and real case.
can we have views on legality, validity, values, ethics pertaining to the issue.
From Nepal, Kathmandu
Re: Company not relieving me: Change in Terms & Conditions of Employment
In continuation of above in a similar but not exact circumstances (difference here is downwards revision of the mandatory notice period by a month from 2 months to 1 month by the company.
However, my friend gave full 2 months notice). On repeated verbal requests he let go the opportunity on hand and continued to work for same the company and diligently so (he actually had a good opportunity, financially). To his surprise, 11 months latter (from the date of his previously submitted resignation) suddenly he received an e-mail followed by a hard copy confirming acceptance of his same old resignation.
Now how legal is that?
No disciplinary issues, no performance related issues against him. There are no charges against him. (But for the professional rivalry and corporate politics that is so common, and FYI this is a case in a MNC)
(Instead he was during the year rewarded with highest increment in salary, performance bonus and many incentives during the period).
this is an interesting and real case.
can we have views on legality, validity, values, ethics pertaining to the issue.
From Nepal, Kathmandu
In continuation of above in a similar but not exact circumstances (difference here is downwards revision of the mandatory notice period by a month from 2 months to 1 month by the company.
However, my friend gave full 2 months notice). On repeated verbal requests he let go the opportunity on hand and continued to work for same the company and diligently so (he actually had a good opportunity, financially). To his surprise, 11 months latter (from the date of his previously submitted resignation) suddenly he received an e-mail followed by a hard copy confirming acceptance of his same old resignation.
Now how legal is that?
No disciplinary issues, no performance related issues against him. There are no charges against him. (But for the professional rivalry and corporate politics that is so common, and FYI this is a case in a MNC)
(Instead he was during the year rewarded with highest increment in salary, performance bonus and many incentives during the period).
this is an interesting and real case.
can we have views on legality, validity, values, ethics pertaining to the issue.
From Nepal, Kathmandu
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Company Profile.ppt
Company Profile Letter - Global Risk Management Services.pdf