my employer not letting me go. on one hand they are complaining that my performance not satisfactory and on the other hand they are not letting me go.
28th January 2013 From India

i am desperately seeking some legal help for the harassment that my employers are putting me through.

my sudden resignation was due to 2 reasons one is harassment by my immediate superior and then un-cooperative management who instead of helping me harassing me further by giving me extra burden of work.

i have been working in a new private medical college as in-charge of department for a year now and recently a new senior joined as head of department. ever since he joined he has been harassing me and using inappropriate conversations in work place. i is not allowin gme to take up research projects or fellowships and rejected each one showing one or other reason. he falsely informed management that i was absent from department even when i was working and even have biometrics in which we our daily attendance is recorded to prove it. even then they witheld my salary to intimidate me and force me to work subordinate work.

i am not a localite and i joined here only with the assurance and condition druing my job interview that i will be provided staff quarters within campus. now they have removed me from there. since then i am staying in a hotel and my household stuff are rotting in a store room. i am waiting to get relief and i have new employers ready to hire me. Please help me how and whom to approach. i have pleaded even on humanitarian grounds to release me. but till now no response.

should i approach a lawyer. how much time will it take to get relieved. please help
28th January 2013 From India
Dear Dr. P
You have not mentioned about terms and condition of your appointment.
Since you have already resigned now you have to complete period of notice as must be mentioned in your appointment letter. If there is no such period prescribed you may leave the employment right now and join other employment. No one compel you to work beyond notice period as per terms of your employment. Only thing is whether they settle your dues or not. If your present employer does not settle the dues within a reasonable period then you can take legal help of any advocate and claim your dues through legal process. Please make sure that you must have a proper receipt or evidence of your submitting the resignation with you. If your employer have not given the receipt you just sent a letter through registered post giving reference of your resignation and ask them to release you dues etc.
pkjain
2nd February 2013 From India, Delhi
Thank you very much for your reply pkjain. the management has till now not handed to me my appointment order. I could only see a xerox copy of that order meant for Medical Council Inspectors for college inspection where it was mentioned that i am on probation and have to gv one month notice for resignation. they said that they will send it to my office but never did. when i joined they verbally discussed the terms and conditions for salary accomodation. i was called to the head office to collect my appointment order after 8 months of service but they just made me sign on it and kept it with them. my notice period was one months at that time. after all these problems started they called me again to collect my appointment order but instead of handing me my appointment order, i was asked to sign another appointment order. the one i signed before was removed and they said these are new orders. it was around 7.30pm in the evening when i reached their office that day and they didnt even explain to me the new terms and conditions and the office staff are in hurry and forced me to sign on it.

as my december salary was withheld i could do nothing. the new order too i dont have with me. i made many visits to main office to collect my appointment order but no body from office would give me any answer. as the head office is 20 kms away it wasnt convenient to visit often either and moreover they said that i need not call them they will send on their own. as per my original interview agreement i was on probation for a year. and for those on probation the rule is to relieve within one month. I have just completed a year. i was not entitled to any EL during this period and neither availed any later. i am to complete one month notice period soon. is it allowed legally of employers to change the terms and conditions of appointment after a year of being already on the job without the prior knowledge of the employee.

earlier i wrote an email to management as my letters never reached the concerned authority and there i wrote that i am facing problems and i wanted management to help me or else i have to resign immediately. after repeated calling to the head office finally a meeting of board of members was held and there in front of everyone i put my question that as i dont have my appointment order, when can i be relieved as per rules if i resign on that day itself, do i have to wait 3 months?. To which the Chairman and president of the organisation in front of all board members that they dont wish to hold me back if i am not happy i will be relieved immediately if i resign. after which i resigned. after this board room meeting i was called to the head office to sign on the new order of which i had no knowledge of. is this legal?. can i ask for the appointment order of other staff appointed during the same time as myself. it has also happened earlier that those who resigned to fulfill the notice period, be it one months or 3 months, they were relieved immediately with due salary and relieving order on the day of resignation against their own appointment rules. the management is being very unpredictable and almost dictator like. i am very much unhappy to continue to work there. i am even ready to forfeit the last month salary as well. i wrote another email stating my problems and that i cant continue to work. since then i have not attended the duties either as i am not well.

the institution has no proper authority figure to whom i can approach. because of that i sent my resignation through registered post. but instead of replying to my correspondence address provided in the letter they replied by email that according to some clause 13 of my appointment order my resignation was not accepted. i have left the place already and vacated my quarter and i am physically out of that institution. they till today have never called or tired to contact me till today. from the day i resigned i am not attending that institution. i resigned in good faith that i will be relieved immediately as assured by the President of the organization.
7th February 2013 From India
 

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