Dear All,
My wife was working for a well reputed IT company as a HR and and she was on contractors pay roll. She had signed 3 months contract with them and had to quit just before 8 days her contract was about to get over. The reason was very personal and she wrote a resignation mail to all the concerned person.
After writing resignation mail, she served for one more day and then quit. Later she did not get any response from them despite of my wife writing mails to them regularly to get confirmation of resignation.
Exactly after 25 days, she got a response stating that they will get back and after 45 days of resignation she got a mail that her resignation is not accepted and they will not issue her letter.
My question is she had only 8 days left to complete her contract, since the reason was resignation was very personal she waited for two days to get response from them, but after 45 days she got the above mentioned response.
Kindly guide us, can we go legal against them,
From India, Madras
1My wife was working for a well reputed IT company as a HR and and she was on contractors pay roll. She had signed 3 months contract with them and had to quit just before 8 days her contract was about to get over. The reason was very personal and she wrote a resignation mail to all the concerned person.
After writing resignation mail, she served for one more day and then quit. Later she did not get any response from them despite of my wife writing mails to them regularly to get confirmation of resignation.
Exactly after 25 days, she got a response stating that they will get back and after 45 days of resignation she got a mail that her resignation is not accepted and they will not issue her letter.
My question is she had only 8 days left to complete her contract, since the reason was resignation was very personal she waited for two days to get response from them, but after 45 days she got the above mentioned response.
Kindly guide us, can we go legal against them,
From India, Madras
Greetings,
Did she keep any document to support the submission of the resignation, to her reporting manager? You have mentioned that she have been communicating since then. Did she do this through email? What data/documents, have she maintained so far to substantiate what you are saying ?
Ideally, every bond have a lock-in period. What about the amount mentioned in the bond ? Was it levied till the last date of its validity ?
Finally what about the handing over of the responsibilities and relieving formalities, completed by your wife. Did she keep any document to support that ?
Regards,
(Cite Contribution)
From India, Mumbai
Did she keep any document to support the submission of the resignation, to her reporting manager? You have mentioned that she have been communicating since then. Did she do this through email? What data/documents, have she maintained so far to substantiate what you are saying ?
Ideally, every bond have a lock-in period. What about the amount mentioned in the bond ? Was it levied till the last date of its validity ?
Finally what about the handing over of the responsibilities and relieving formalities, completed by your wife. Did she keep any document to support that ?
Regards,
(Cite Contribution)
From India, Mumbai
Dear (Cite Contribution),
Thanks for your response.
She has all e-mail records for all the correspondence she had with them from day 1 of her resignation. The contract was for 3 months, so she had only 8 days left to complete 3 months.
She resigned on 3rd March, and she was there at office till 4th March, but no one bothered to respond nor asked to hand over any thing. The mood was as if nothing has happened. So from 6th March she stopped going as our entire family shifted to new city. She didn't have any base to stay @ Bangalore.
The contractor is claiming she didn't complete her notice period, but not considering the fact that she had informed them two days in advance about the level of urgency, secondly they have not responded till 21 days despite of repeated attempt to communicate with them.
From India, Madras
Thanks for your response.
She has all e-mail records for all the correspondence she had with them from day 1 of her resignation. The contract was for 3 months, so she had only 8 days left to complete 3 months.
She resigned on 3rd March, and she was there at office till 4th March, but no one bothered to respond nor asked to hand over any thing. The mood was as if nothing has happened. So from 6th March she stopped going as our entire family shifted to new city. She didn't have any base to stay @ Bangalore.
The contractor is claiming she didn't complete her notice period, but not considering the fact that she had informed them two days in advance about the level of urgency, secondly they have not responded till 21 days despite of repeated attempt to communicate with them.
From India, Madras
Greetings,
I request our legal expert to comment on the breach of the contract. An employment stands terminated, at the submission of a resignation. The acceptance and relieving is an employer's prerogative, but its still a 'right' to the employee.
The employer not replying on her resignation submission, is purely tactical. Did they claim the monetary value to the bond?
Regards,
(Cite Contribution)
From India, Mumbai
I request our legal expert to comment on the breach of the contract. An employment stands terminated, at the submission of a resignation. The acceptance and relieving is an employer's prerogative, but its still a 'right' to the employee.
The employer not replying on her resignation submission, is purely tactical. Did they claim the monetary value to the bond?
Regards,
(Cite Contribution)
From India, Mumbai
They have not claimed anything. As said earlier, they didn't even try to reach my wife over phone/mail, but now I have taken up an e-mail war with the contractor. Now they are responding, but the same drama continues.
I have also notified them about going legal against them.
From India, Madras
I have also notified them about going legal against them.
From India, Madras
Hello,
Where she was working as an implant is immaterial.
The employer-employee relationship was between her and the contractor.
While it is unwise for me to take positio, (in the absence of terms and conditions of the contract) one thing is for SURE.
No employer has a right to "refuse to accept a resignation". The resignation becomes operational the end of due "notice period" if any. In the absence of a ntoice stipulation, the employer can do sweet nothing except be vindictive and deny certain privileges that would become due to an employee upon resignation.
On the other matters, I will only say that it is a learning experience to work for uncouth, undeserving and uncultured employers!
It is better to put this matter behind you as you/she would have no legal recourse, and concentrate on future to make more informed choices.
Regards
samvedan
April 22, 2011
-----------------
From India, Pune
Where she was working as an implant is immaterial.
The employer-employee relationship was between her and the contractor.
While it is unwise for me to take positio, (in the absence of terms and conditions of the contract) one thing is for SURE.
No employer has a right to "refuse to accept a resignation". The resignation becomes operational the end of due "notice period" if any. In the absence of a ntoice stipulation, the employer can do sweet nothing except be vindictive and deny certain privileges that would become due to an employee upon resignation.
On the other matters, I will only say that it is a learning experience to work for uncouth, undeserving and uncultured employers!
It is better to put this matter behind you as you/she would have no legal recourse, and concentrate on future to make more informed choices.
Regards
samvedan
April 22, 2011
-----------------
From India, Pune
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.
Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf
World Health days.doc