Sunday, October 6, 2013

Query on employer - employee relationship



“LEGAL ANGLE”
Q & A

Q1. I worked in a MNC BPO  for 13 months. I joined this organization on 24th Nov 2011.
During Jan 2013, I was selected for an  IT job and it was an immediate joining job. So on 4th Jan 2013 I informed  my manager and HR about my spot resignation.
As per things given in my appointment letter I have to serve notice period of 30 months or pay one month basic salary.
They asked to serve notice period of 30 days but I was ready to pay one month basic salary and serve for 15 days.They said 'NO'  and they will take my case as an absconding case. I did not have any idea and I returned my ID card, locker keys and just I left the company informing all(but not through mail).
Till now I have not received any of the following letters from them.
1. General letter enquiring about the reason of absence
2. Serve notice period
3. Warning letter
4. Termination letter.
Is it possible to get relieving letter legally? I know I am too late as it crossed 9 months.  - KS

Ans. Your decision and action has been quiet unprofessional. You are bound by the terms and conditions of the offer letter. If you have defaulted to observe them, then what better you can expect. You are lucky enough, that your company has not taken any legal action against you, please try to speak to your HR department, if you think it is safe enough and request them to issue letter. Legally you may not have any right.

Q2. I work for small organisation with only CEO as my reporting manager.and few employees with no HR department.
My manager went onsite and told me to take pay less leaves for approximately 3 months till he come back. I agreed as I was the only employee in office and others had gone to client location. .and I resigned when he is onsite giving personal reason and now he is telling me he is not giving me confirmed relieving date.

He is asking me what your future plans are. If you leave the job its loss to the company. I am ready to pay 2 months CTC even though he has not paid my last 2 months salary.
As per offer letter I have to serve 2 months’ notice or pay CTC also I am eligible for annual bonus, which he is denying to pay.
I don’t require money, I just require relieving letter.
He is not replying anything. Just delaying. -K RS

Ans. Well till date, there is no law in place which will regulate the employer – employee relationship within a company. Many companies are one man show, do as they wish and act on their whims. To add, if your action is unwarranted and affects the business of the company, then you must face the music.

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