Hi
I am working in IBM India Pvt. Ltd. since April 2011. At the time of Joining, I was put on Probation for 1 year. But after 6 months , in Oct 2011, I got a mail from my manager with a attachment that My probation has ended and I am confirmed as a regular employee. That letter is typed on the company letterhead and at the bottom:
----
for IBM India Pvt. Ltd.
<Manager's Name>
---
is mentioned. But it is not signed, where as in the offer letter, it is mentioned that the probation will be ended and confirmed in writing.
It was given in writing, but no signatures. Can this be treated a legal confirmation??? It does not even say that "it is computer generated and hence no signature is required".
Now the issue is that I have resigned on 05th of April and my manager has enforced the 90 days notice period. Though I have been relieved from my current assignment from 27th April and after that till end of Notice day (till July 4th), I will still be on Bench without any project/assignment. I have talked to the managers but they say that they cannot release me even if I am on Bench and at any cost I will have to serve the entire notice period.
I read the entire offer letter and one of the clause says that "
---
either you OR the company may terminate your service at anytime by giving 90 days notice or basic salary in lieu thereof.However due to exigencies of business, the company may at its sole discretion reject the salary in lieu of notice and ask you to serve entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect.
----
Now I am ready to pay for the unserved days but still they are saying that they cannot approve this.
I oppose this as the offer letter says "due to exigencies of business, the company can reject it" but when I am on Bench, there is no exigency at all as I am not on any project.
Now my questions is:
1) Can the company still force me to serve 90 days?
2) Can I inform them that I am leaving from so and so date and they can recover it from my full and final settlement and leave?
3) Can they hold relieving/experience letter as I will not be serving the notice period even after the unserved days has been financially recovered??
4) what legal action I can take in this situation as I feel they are just playing with the policy which is unethical.
Will greatly appreciate you suggestions.
Thanks
AP
From Netherlands
I am working in IBM India Pvt. Ltd. since April 2011. At the time of Joining, I was put on Probation for 1 year. But after 6 months , in Oct 2011, I got a mail from my manager with a attachment that My probation has ended and I am confirmed as a regular employee. That letter is typed on the company letterhead and at the bottom:
----
for IBM India Pvt. Ltd.
<Manager's Name>
---
is mentioned. But it is not signed, where as in the offer letter, it is mentioned that the probation will be ended and confirmed in writing.
It was given in writing, but no signatures. Can this be treated a legal confirmation??? It does not even say that "it is computer generated and hence no signature is required".
Now the issue is that I have resigned on 05th of April and my manager has enforced the 90 days notice period. Though I have been relieved from my current assignment from 27th April and after that till end of Notice day (till July 4th), I will still be on Bench without any project/assignment. I have talked to the managers but they say that they cannot release me even if I am on Bench and at any cost I will have to serve the entire notice period.
I read the entire offer letter and one of the clause says that "
---
either you OR the company may terminate your service at anytime by giving 90 days notice or basic salary in lieu thereof.However due to exigencies of business, the company may at its sole discretion reject the salary in lieu of notice and ask you to serve entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect.
----
Now I am ready to pay for the unserved days but still they are saying that they cannot approve this.
I oppose this as the offer letter says "due to exigencies of business, the company can reject it" but when I am on Bench, there is no exigency at all as I am not on any project.
Now my questions is:
1) Can the company still force me to serve 90 days?
2) Can I inform them that I am leaving from so and so date and they can recover it from my full and final settlement and leave?
3) Can they hold relieving/experience letter as I will not be serving the notice period even after the unserved days has been financially recovered??
4) what legal action I can take in this situation as I feel they are just playing with the policy which is unethical.
Will greatly appreciate you suggestions.
Thanks
AP
From Netherlands
Dear Friend
It seems to be that your HR dept wants to give you a trouble by not relieving you from the services by not accepting pay in lieu of short fall notice period. When they keep you on the bench, it indicates there is no proper work for you and you could be relieved from the service by accepting shortfall of notice as per the terms and conditions of your appointment letter.
The computer generated appointment letter needn't be signed since it can be taken as evidence under Evidence act as it's latest amendment. thus confirmation letter sent to you by your HR dept is valid and terms mentioned therein are binding on both you and company also.
My suggestion is to convince your HR dept and get relief by paying amount towards shortfall of notice by stating that you are kept on bench without giving any work etc
Regards
NVRao
Naidupeta
From India, Nellore
2It seems to be that your HR dept wants to give you a trouble by not relieving you from the services by not accepting pay in lieu of short fall notice period. When they keep you on the bench, it indicates there is no proper work for you and you could be relieved from the service by accepting shortfall of notice as per the terms and conditions of your appointment letter.
The computer generated appointment letter needn't be signed since it can be taken as evidence under Evidence act as it's latest amendment. thus confirmation letter sent to you by your HR dept is valid and terms mentioned therein are binding on both you and company also.
My suggestion is to convince your HR dept and get relief by paying amount towards shortfall of notice by stating that you are kept on bench without giving any work etc
Regards
NVRao
Naidupeta
From India, Nellore
Hi NVRao
Thanks for you reply..
Thats wat I am trying to do (convince the HR/manager for the last three weeks) but till today no success. Few days back back when I told the HR dept that since there is no work for me and I am on Bench, they are violating the Offer letter clause by holding me up and not accepting the basic salary in lieu of unserved notice period days, and I can take legal ways to fight it out, all of a sudden they have started sending out instruction to the deployment managers to find a short term project for me, so that I should not hit the bench and serve the entire notice period.
Don't know how feasible this way is. Right now I am trying to meet the delivery manager responsible for me, and to convince her to reply in negative that there is no short term project available, so that I can file for higher authority to
relieve me earlier.
More suggestions will be appreciated.
AP
From Netherlands
Thanks for you reply..
Thats wat I am trying to do (convince the HR/manager for the last three weeks) but till today no success. Few days back back when I told the HR dept that since there is no work for me and I am on Bench, they are violating the Offer letter clause by holding me up and not accepting the basic salary in lieu of unserved notice period days, and I can take legal ways to fight it out, all of a sudden they have started sending out instruction to the deployment managers to find a short term project for me, so that I should not hit the bench and serve the entire notice period.
Don't know how feasible this way is. Right now I am trying to meet the delivery manager responsible for me, and to convince her to reply in negative that there is no short term project available, so that I can file for higher authority to
relieve me earlier.
More suggestions will be appreciated.
AP
From Netherlands
Hi Every one..
I am working in IBM India since 2008, I joined IBM as a subject matter expert but after immediate joining they have assigned me a Project as a project manger , since that time I was doing project management in various account and they have given me PBC rating always good as in 2008 pbc was 2, 2009 2+ in 2010 2, in 2011 2+ and 2012 due to some unfair treatment by manager he has given me pbc rating 3. and after one month in 2013 suddenly they have send me in redeployment pool. lot of fighting done between HR partner and manager but no good result came in my faver. after one month I have raised a concern with ibm internal forum \"concern & appeal \" but nothing happen good for me...in between of fighting HR partner assigned a work as a lesser profile. any way i started working with my new manager but end of the year they again given me pbc -3 with saying that I have not done good work , however my contribution was very good among the peers. when I have denied to take unfair PBC rating and given all the relevant artifacts to him. After that day my manager started torture on me and send lot of unfair mails and escalation with looping HR... then I raised my concern into very Senior managers about the harassment... I also reported him that my manager always forced me to work 2 shift in a day. for that i send all the relevant artifact to HR (manager\'s approved shift rota.) in this regard my manager said to HR that on that day I was not in the office for doing the 2 shift.. however this is fact I was not there in office and worked from home after giving the verbal approval over phone.. however i have a chat history which is showing that I worked 19 hours in a day and also there are lot of mails in my send folder which is showing that I worked 19 hours on that day. .
Now pls suggest..
1. Can I raise my concern into the Labor law with saying that I worked 5 years in ibm as a manager but they have given me lesser salary while other employee was getting 75% more that me... IS it work?
2. As so many argument done between me and my manager... is there any chances if my manager can terminate me...
3. in case my manager & HR terminating me then in this sititune what action will be best for me... Should I go to labor court and ask for stay ?
or without any argument , i have to submit my registration instead of their termination.
4. In-case , IBM is terminating me. then what will be happen for my career in term of getting the new job.
pls revert.
Raiz
From Australia, Pymble
I am working in IBM India since 2008, I joined IBM as a subject matter expert but after immediate joining they have assigned me a Project as a project manger , since that time I was doing project management in various account and they have given me PBC rating always good as in 2008 pbc was 2, 2009 2+ in 2010 2, in 2011 2+ and 2012 due to some unfair treatment by manager he has given me pbc rating 3. and after one month in 2013 suddenly they have send me in redeployment pool. lot of fighting done between HR partner and manager but no good result came in my faver. after one month I have raised a concern with ibm internal forum \"concern & appeal \" but nothing happen good for me...in between of fighting HR partner assigned a work as a lesser profile. any way i started working with my new manager but end of the year they again given me pbc -3 with saying that I have not done good work , however my contribution was very good among the peers. when I have denied to take unfair PBC rating and given all the relevant artifacts to him. After that day my manager started torture on me and send lot of unfair mails and escalation with looping HR... then I raised my concern into very Senior managers about the harassment... I also reported him that my manager always forced me to work 2 shift in a day. for that i send all the relevant artifact to HR (manager\'s approved shift rota.) in this regard my manager said to HR that on that day I was not in the office for doing the 2 shift.. however this is fact I was not there in office and worked from home after giving the verbal approval over phone.. however i have a chat history which is showing that I worked 19 hours in a day and also there are lot of mails in my send folder which is showing that I worked 19 hours on that day. .
Now pls suggest..
1. Can I raise my concern into the Labor law with saying that I worked 5 years in ibm as a manager but they have given me lesser salary while other employee was getting 75% more that me... IS it work?
2. As so many argument done between me and my manager... is there any chances if my manager can terminate me...
3. in case my manager & HR terminating me then in this sititune what action will be best for me... Should I go to labor court and ask for stay ?
or without any argument , i have to submit my registration instead of their termination.
4. In-case , IBM is terminating me. then what will be happen for my career in term of getting the new job.
pls revert.
Raiz
From Australia, Pymble
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.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf