- This topic has 45 replies, 31 voices, and was last updated 1 year, 4 months ago by
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UMy friend got a central govt. Job recently and when she tried to resign from her current job the boss is refusing to sign her resignation. There is a 3 months notice period clause but she can leave immediately if 3 months salary is paid and she is ready for that. But her immediate senior is refusing to sign her resignation, insisting she stay the full notice period. Can she file a complaint against him or the company? If so where should it be filed?
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UShe should put her resignation in writing to the salary disbursement department and ask for a final settlement amount.
Also remember, in Govt jobs, her boss can file complaints against her and put hold on her resignation till closure of enquiry which can stretch to 6 months. So ask her to not fight with her boss unnecessarily.
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STell her to file a POSH complaint against him stating that he is demanding sexual favors. If he is playing dirty, then better to be dirty and teach him a lesson by destroying or if not destroying then at least risking his career because frankly speaking even he is doing the same to this female employee.
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SYes !
The senior wants to play dirty, then so be it, let him see and feel the dirty or the pain as well of career being jeopardised for stupid egoistic factors. A staff needs to leave and is abiding by the conditions of the employer then who the hell is the senior to play the DON ??
Is it that difficult to understand ?
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QDude…its on both parties mutual consent whether an employee can leave early by buying out notice. The manager is just doing his job and you want to file a fake case against him?
If tomorrow the manager decided to lay her off with paying for 3months notice…would you be OK with it?
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SHow can you generalise stuff so easily ? You are not respecting the fundamentally differentiating factors here. A lay-off happens for altogether different reasons. If the employee is matured, then he/she should take it. In such a case of an employee chooses to file a POSH as a vendetta then it is for sure the employee at fault and not the senior.
But here as per op, the scenario is totally different. Please respect the difference in the scenario and then do the thinking.
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SHow unfortunate for me it is that YOU are not employed in my organisation !
As a matter of fact I do and all my subordinates are happy with the work life balance that they get due to me.
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U>all my subordinates are happy with the work life balance that they get due to me.
Because if they complain you’ll file a fake POSH case against them
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SHahaha… Easy to say for someone who has no idea about my organisation. So I will give you the pass !
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QLawyer here.
1. Is it a Permanent Job or a Contractual one?
2. What is the procedure to Resign? How has that been complied with?
3. What is the Reason for putting Acceptance of Resignation on hold? Is there a written Communication in this regard?
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U1.Permanent job
2. 3 months prior notice or 3 months salary to be paid to the company
3. No written communication or reason if given for not accepting the resignation -
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U1. Do not inform the firm where she will join and attend what post
2. Inform the firm in writing and by mail about resignation
3. Inform them about leaving the job for personal reasons( no need to disclose more info to them)
4. Resignation need not be approved, as it is not within their right to hold an employee against their will
5. If they ask you to serve the notice period, discuss with them about leaving immediately (if need pay the money 3 mo tha salary)
6. Make sure it’s in employment contract (about paying 3 months salary to get relieved). -
PLol .. if she doesn’t need an experience letter which I think she won’t, just write an email with her team hr in cc and just leave.
Later on hr will handle the case , negotiate with hr whatever you want to. There will be no need for your manager after she leave. You don’t need to take that much serious of any company that has 3 month resignation period. Manager is not her owner and she doesn’t need the permission of manager to leave the company.
If she doesn’t need experience letter she doesn’t need to even pay 3 month salary.
Not a lawer , just personal experience of working with such people for many years
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EHave faced something similar in my first job which was TCS. They’d force you to serve 3 3-month notice period. The buy-out option won’t be eligible unless and until your manager approves you. Nowadays they’re not letting any candidate avail it. I had to mail managers of my manager to get approval and a lot of made-up sad stories, pleading to get it approved still they only waived off 45 days.
She can attach the screenshot of the offer letter which mentions the joining date and mail the manager first to let her avail buy out if he refuses then mail his manager and team lead. Try to convince everyone.
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PI swear only in India I’ve heard that employees have to PAY to get out of a job. This won’t be legally enforceable in most of the world.
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UDitto happened to me.I got a Job abroad. Resigned giving 40 days notice.After I landed here,HR send me Absconding Notice.
When I enqireed about my full and final settlement, he mailed me to pay 3 months salary.
PS : I won’t be getting experience certificate.
I m still stuck.-
PWas this Dubai by any chance. That happens there a lot. Many shady employers confiscate passports so you have no choice. either you have to pay or you go to labour court while also bearing the fine of overstaying the visa.
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UIf she is going in govt sector then why does she is even serving notice. Just ask her to send a resignation and be done with it. Notice period issue arise when the person is going to work in corporate and when they switch that time during background check the last company just verify the employment. Just Abscond; nothing can happen to her.
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UWhat I understand that your friend wants to buy out the notice period (Like pay and not serve the period), correct?
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