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Manager Threatening Clearance Over Missed Targets During Resignation: Legal?

Krishna

Krishna Kumar  |377 Answers  |Ask -

Workplace Expert - Answered on Oct 04, 2024

Krishna Kumar is the founder and CEO of GoMoTech, a company that provides strategic consulting in B2B sales, performance management and digital transformation.
Before branching out on his own, he worked with companies like Microsoft, Rediff, Flipkart and InMobi.
With over 25 years of experience under his belt, KK is a regular speaker at industry events and academic intuitions, both in India as well as abroad.
KK completed his MBA in marketing from the Sri Sathya Sai Institute of Higher Learning in Andhra Pradesh and his management development programme from XLRI, Jamshedpur.
He has also completed his LLB from Nagpur University and diploma in PR from Bhavan’s College of Management, Nagpur, where he was awarded a gold medal.... more
Asked by Anonymous - Sep 20, 2024Hindi
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Hi sir, My manager threating me on my resignation period if I will not meet the targets she will not do my clearance please suggest if she can do this thing..

Ans: Hello

I am sorry I cannot comment on the behaviour of an individual. Suggest you talk to your seniors and HR and address it amicably.

Warm Regards
KK
Career

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Krishna

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Hello Sir, Don't disclose my name, I am working in boarding school from last 2 year's, last year principal changed and he is giving lot of work (harassing staff ) so around 50% of staff left the school. he is not appointing new staff also. hardly 2-3 staff he has appointed. In my department 3 staff ware there now I am alone, he is not appointing any one, so I am alone handling all the classes. he has increased the work also. So I decided to leave the work and I got the work also. I have sent my resignation letter through mail. In my appointment letter they have mentioned “During the probation period your service may be terminated by ONE MONTH NOTICE on “either side or Salary in lieu of notice” and The relieving date in all circumstances will not be earlier than the last day of the academic year unless the school terminates. if you are working on any assignment when you tender your resignation such assignment must be completed to the satisfaction of the school before your services will be released. As allocation of subject teaching is a duty allocated for the academic year the reliving date will not be earlier than the last date of the academic year in which the resignation is tender. The school does not encourage mid term session dis continuation of services. School academic year will ends in April. At the time of appointment they have taken all my original certificates. But when I sent my resignation with one month notice period they replied as per your request, you will be relived after the completion of required formalities and work as per service rules. But, yet they are not mentioning what are the work to complete. After one month notice period immediately I have to join my new job. otherwise i will miss my opportunity. orally simply they are extending my date. At present they have extended 15 days after my last day of my notice period. kindly guide me how to solve the problem, get back my originals and join my new job smoothly. Regards
Ans: Please consult a lawyer

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R P

R P Yadav  | Answer  |Ask -

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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Dr Dipankar

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