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Mayank

Mayank Rautela  | Answer  |Ask -

HR Expert - Answered on Apr 05, 2022

Mayank Rautela is the group chief human resources officer at Apollo Hospitals.
A management graduate from the Symbiosis Institute of Management Studies with a master's degree in labour laws from Pune University, Rautela has over 20 years of experience in general management, strategic human resources, global mergers and integrations and change management.... more
Anonymous Question by Anonymous on Apr 05, 2022Hindi
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Career

Dear Mayank,
Request you to kindly keep the name anonymous
I am working with a firm since 16 months.
I am into sales.
I have already resigned from my services and am on notice period.
I do not have any offer on hand.
The bosses are threatening that they would not issue the proper relieving letter, eg as non-performance, etc.
Can they mention the same without any prior communication to me on the said subject and if the same was really a concern then why are they not relieving me earlier?
It looks like it is an arm-twisting tactic and they are putting a lot of emotional pressure.
Since four out of seven members have resigned in our vertical, it seems they are showing the frustration on me.
I am a little soft-spoken and do not want any confrontation with them.
Will there be a legal course available to me if the relieving is not proper?
Please help.

Ans:

Hi.

If there has been no prior communication and they are bringing this up only after you have resigned, then it is quite unprofessional on their part.

Serve your notice period and have a candid discussion with them. Explain that if they try and spoil your career, then you will have no choice but to take the legal path.

Alternately, since you don’t have a job, negotiate with them and continue till you get a good job.

 

Career

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HR, Workspace Expert - Answered on Mar 20, 2024

Asked by Anonymous - Mar 20, 2024Hindi
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Hi sir I could not serve my 3 months notice period however I had served 2 months and asked HR to give me early reliving. I mentioned that my parents are not well and attached medical prescription but they denied and said you to serve complete 3 months. After 2 months I stopped going to office they were sending me absconding mails meanwhile and after 1month they sent me termination letter what shall I do In such case ? I was working there for 2 years.
Ans: I’m sorry to hear about your situation. When facing termination due to not serving the full notice period, it’s important to understand your rights and the potential legal implications. Here’s what you can consider doing:

Review Your Employment Contract: Check the terms regarding the notice period and termination. There might be provisions for situations like medical emergencies.
Legal Consultation: It may be beneficial to consult with a labor law attorney who can provide advice based on the specifics of your case and the applicable laws.
Documentation: Gather all relevant documentation, including the medical prescriptions you submitted, any communication from HR, and the termination letter.
Negotiation: You could attempt to negotiate with your employer, explaining the situation with your parents and seeking a compassionate resolution.
Labor Office: If negotiation fails, you may approach the local labor office or labor court for guidance and to explore options for redressal.
Understand Legal Precedents: Familiarize yourself with any legal precedents that may apply to your case. For instance, the Supreme Court has provided judgments on employment notice periods that might offer insights into your rights and obligations.
Remember, each situation is unique, and the best course of action depends on the specifics of your employment contract and the company’s policies. It’s crucial to handle the matter professionally and legally to ensure the best possible outcome. Good luck!

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