Queries
My colleague Tanya served a 15 day notice period, instead of a 30 day, her organization stated that this is not allowed, in spite of her compensating them for it, and they have ceased her relieving letter, and considered her case absconding in spite of her telling them in advance and leaving the company, she had mentioned this on her mail while she sent her resignation, she needed to get married and relocate, and also join another company in the new city, please advise what course of action does she need to take?
Tanya, told her employers that she is leaving and she stated that she can serve 15 days and not a month, her employers are forcing her to serve a months notice period stating that her marriage is two days affair and she should return to work, she stated that she is willing to compensate the company her entire months salary, now these people told her that if she does not serve her notice period, they will consider her as absconding, point # 2, since she put down her papers, t
17th January 2013 From India , Hyderabad

PARTICIPATING IN DISCUSSION:
Tanmoy_banerjee
Data Recovery From Crashed Hard Drive N Network
ParamTechM
Network Engineer
+4 Others

Hi,
Ask Tanya to go through her Appointment letter.
As per my understanding the employer cannot issue absconding letter to her,if she has already intimated her company in advance through written resignation letter.If she is having fixed term contract then that would be different case.
As per the Appointment letter clause - Company will deduct the notice period amount from the f&f amount.
Every thing depends on the company policy & the Appointment letter she has got.
Also she need to give proper handover in her organization.
Regards
Gunjan
22nd January 2013

well she gave her resignation 15 days in advance, but her company did not do anything until the 12th day and started looking for her replacement,
if her role was important they should have started looking for a replacement since the 2nd day after her resignation, and then they should have had her train them, they tell her to extend her stay in the company train the replacement, its been a week she has left the organization and still they have not got a replacement, in spite of having many employees in her team who can do her job, they also have not intimated her to who she should hand over until the 15th day... now the issue with the case... is this fair?
23rd January 2013 From India , Hyderabad

Was your friend holding a very high post where her appointment letters states that employee can not leave until project is completed? I don't think so as for such posts usually notice period is 2-3 months.

If she has paid one months salary as notice period as stated in her appointment letter and she has proof of the payment made then no one can do anything to her as per law.

Most employers try pressure tactics this way. Tell her not to reply to any such E-mail / mail. Only thing that will be difficult to get is a release / experience letter. She can get her PF transferred to the next organisation without any problem or withdraw it herself from the Regional PF office by submitting form 10C and 19.

I understand its not fair but this is the way most MNCs also operate. I am myself a victim but didn't loose the battle. Got all my dues back along with release letter with dignity. Let me know if you need to know more about her rights.

Ask her not to worry and marry in peace and live happily. Her Ex employers cant do anything apart from not giving her a release letter
25th January 2013 From India , Calcutta

isnt it her right to get the exprience letter, she needs this for her new job... she isnt even going on her honey moon as she has to join her new organization two weeks after her wedding............... she is at her wits end........ she isnt at any high post, her offer letter states she can leave or forefit her salary, her previous organization are asking her to do this just to harras her, there was a colleagie who left in a week, and they were ok with that.............. please help tanmoy, what else can she do?
27th January 2013 From India , Hyderabad

my case also similar but my resignation was following harassment at work by the new boss. the management wanted me to work away from my office campus and posted me for 3 months to rural health center. i m a professor by designation and the work they are giving me is of a clinician usually an MBBS doctor. they are not hiring required staff and overburdening me with extra work. i am not a local resident and was staying at the staff quarters which was allotted during my appointment as it was one of my condition to join there. now they have forced me out my the staff quarter a well. i therefore resigned as the management in the board room meeting in front of all members assured to relieve me immediately. but after my resignation they are saying that according tto some cluse of appointment order i dont have right to resign. i would like to add that i havnt received any appointment order in a year of service. i am afraid they have manipulated with my initial appointment terms and conditions as well. they made me sign in more than one appointment order. My management is doing malpractice as well. many staff who have resigned before me have filed legal notice against them. i too am seeking help in order to get relieved so that i can join another college
28th January 2013 From India

i am afraid the management will try similar tactics to harass me. my last month salary too was with hold without my knowledge. i have already told the management that i cant work with the new boss. he is already having 2 case of harassment filed against him by female PG students from his previous college following which he and the Dean was thrown out. and to my bad luck he joined in my college.
28th January 2013 From India

Off course its her right to get a release letter but most employers play dirty... Has she already got an appointment letter from her new organisation? If they have given her an appointment letter without seeing her release letter then I hope they will understand her situation and treat her last appointment letter and salary slip as experience. How long did she work in the previous organisation? If its not too long then its better to forget this bad experience and live a saner happy married life...
Raven, There are legal ways to get the release letter but as you are well aware the process is cumbersome and lawyers fees are too high. This is the reason why such employers are having a nice time and never get a legal notice.
30th January 2013 From India , Calcutta

Hi Tanmoy - She worked there for 4 years, and did her best with two promotions, made the company a lot of money with her services, she used to do teh work of 4 people, and now this is how they treat her, the new company has accepted her, but what about the future? after her current company in a few years, what then.. she will need her relieveing letters to prove that yeah?
1st February 2013 From India , Hyderabad

Hi Raven, If her new employer has given her a satisfactory position then she can relax for the time being. You are right as nothing is static and she might change job after few years and next employer may not be kind enough to recognise her earlier experience on the basis of appointment letter and pay slip.
As I said before court case is a long process. Ask her to post in this and other legal forum herself clearly stating the name of the company she worked for. Also let the HR of the company know what she is about to do. I hope they will settle the matter and wont drag it further. All the best.
4th February 2013 From India , Calcutta


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