My sister is working in an BPO. She put a resignation letter on 1st August to make her exit on 1st September so that she can join at some other company whose joining is on 8th September. Her Notice period is of 30 days according to the offer letter. With an option of early relieving adjusted with one month pay as well as written in the letter. However, when we demanded an early relieving, they refused saying that the project demands are there, she should first complete 30 days notice period. We agreed to do that. Now my sister lost her ID card a week before her relieving was supposed to be. She was given a temporary ID which cannot be used for attendance in the company as it is not a biometric card. The TL has to take care of it. Now she was marked present for 2 days i.e 25 and 26 august but not for rest of 3 days and was declared abscondee from backend without intimating my sister even once about it. Due to which they blocked everything for her. And now her resignation has been forced into revoking due to that. The Team Leader says he will give the relieving in one day after correcting the error.
Now if the company is playing games from preventing her to join somewhere else, Can there be a legal action taken against the company on these grounds mentioned. Technically she has served her period and the error is from their side. What all actions can be taken, please suggest. My sisters future is getting ruined due to this.
From India, Delhi
Now if the company is playing games from preventing her to join somewhere else, Can there be a legal action taken against the company on these grounds mentioned. Technically she has served her period and the error is from their side. What all actions can be taken, please suggest. My sisters future is getting ruined due to this.
From India, Delhi
Hi,
1.Appointment letter clauses are important, they have mentioned payment lieu of notice then they need to accept legelly.
2.If they are not ready to accept it, then you may proceed for legal concern.
3. According to Employment standing order act-section-16( if employee false in the definition of workmen)
Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
From India, Mumbai
4271.Appointment letter clauses are important, they have mentioned payment lieu of notice then they need to accept legelly.
2.If they are not ready to accept it, then you may proceed for legal concern.
3. According to Employment standing order act-section-16( if employee false in the definition of workmen)
Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
From India, Mumbai
Dear Vinit,
Please ask your sister that has she copy of resignation letter, she had given to HR/Reporting officer? One thing!
Other thing that has she any email (official) printout of those days, when she is reflecting absent/absconded from the system?
After these question answers, I'll be able to solve your query.
Rgds
From India, Mumbai
Please ask your sister that has she copy of resignation letter, she had given to HR/Reporting officer? One thing!
Other thing that has she any email (official) printout of those days, when she is reflecting absent/absconded from the system?
After these question answers, I'll be able to solve your query.
Rgds
From India, Mumbai
Hi,
Before taking recourse to any other step I would suggest her to meet her top brass and explain the entire situation seeking their guidance and help. No employer can force an employee to continue in the job against the will and wish of the employee concerned. Let this meeting take place in a cool manner. If you feel proper you may also accompany her as a support to her.
I am hopeful that things will be settled.
S.K.Johri
From India, Delhi
Before taking recourse to any other step I would suggest her to meet her top brass and explain the entire situation seeking their guidance and help. No employer can force an employee to continue in the job against the will and wish of the employee concerned. Let this meeting take place in a cool manner. If you feel proper you may also accompany her as a support to her.
I am hopeful that things will be settled.
S.K.Johri
From India, Delhi
Dear Vineet,
a) Your Sis has resigned, has she taken acknowledgement, in any form in writing. i.e. like obtained receipt signature on duplicate copy, or mail acknowledgement or IOM remotely mentioning or HR/Management communication to any employee remotely indicating of her resignation. Retain hard copy of it as an acknowledgement.
b) According to you, she has attendance marked till 24th August 14. You have also mentioned that early relieving was desired by her, was it in writing? If yes, this should be converted into early relieving with information.
c) Has she informed company of loss of ID card in writing? Her attendance not marked can be justified.
d) Send a letter by Registered/Speed post, requesting management of F&F settlement, indicating your thanks to all.
If any info/clarification is desired, pl communicate.
Regards
Virendar Matta
From India, Jhansi
a) Your Sis has resigned, has she taken acknowledgement, in any form in writing. i.e. like obtained receipt signature on duplicate copy, or mail acknowledgement or IOM remotely mentioning or HR/Management communication to any employee remotely indicating of her resignation. Retain hard copy of it as an acknowledgement.
b) According to you, she has attendance marked till 24th August 14. You have also mentioned that early relieving was desired by her, was it in writing? If yes, this should be converted into early relieving with information.
c) Has she informed company of loss of ID card in writing? Her attendance not marked can be justified.
d) Send a letter by Registered/Speed post, requesting management of F&F settlement, indicating your thanks to all.
If any info/clarification is desired, pl communicate.
Regards
Virendar Matta
From India, Jhansi
Dear Vineet,
First of all if your sister was handed over a temp. id card, then the person who has handed over her the temp. card, will have here entries made and she must have signed all those, so she has proof that she was present. Also if she has completed her notice period, they cannot deny her, her dues and letters.
Assuming that your sister, has a signed copy of acceptance of her resignation and also the early relieving letter, than no one can stop legally from her dues and letters. Also if she feels that the team leader cannot be trusted, then approach the higher authorities with proof and email them all those. Send an registered letter to the HR, so that she has the proof and they will have to submit the salary + letters.
Regards,
Ashutosh Thakre
From India, Mumbai
First of all if your sister was handed over a temp. id card, then the person who has handed over her the temp. card, will have here entries made and she must have signed all those, so she has proof that she was present. Also if she has completed her notice period, they cannot deny her, her dues and letters.
Assuming that your sister, has a signed copy of acceptance of her resignation and also the early relieving letter, than no one can stop legally from her dues and letters. Also if she feels that the team leader cannot be trusted, then approach the higher authorities with proof and email them all those. Send an registered letter to the HR, so that she has the proof and they will have to submit the salary + letters.
Regards,
Ashutosh Thakre
From India, Mumbai
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