AboutJaved Razack Expertise If you have any question on Indian Laws concerning Civil disputes on property, recovery or any other contractual obligation, Criminal disputes on Indian Penal Code, Negotiable Instruments Act, Company matters, Income Tax, Arbitration, Family and matrimonial issues, please ask me.
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Expert: Javed Razack Date: 5/2/2008 Subject: bad remark in relieving letter
Question Hi,
I am working in one of the biggest IT companies of world.
I'll explain my situation first. I was moved to my current project 11 months back. That time I had a word with my manager that I won't ask for a project change for next 18 months. (I do not hold any financial or legal commitment with the company, however I had sent a mail saying I will serve the project for 18 months. Nothing else.) Now that I have resigned after 11 months, they are threatening me by saying they will put a remark - commitment to company not adhered - or else I stay back for 3 months. (As per company policy, I should give a notice period of 30 days).
I am not in position to stay back for 3 months here. Nor I want to get any remark in my relieving letter.
What should be the course of action for me?
Regards,
Nikhil
Answer Hello Nikhil,
Your statement that you will not ask for change in the project for the next 18 months is not your commitment to work for the company for 18 months. If your employer is enforcing you to stay for 3 months is inappropriate and wrong.
If the company policy provides for 30 days notice period, then your employer cannot enforce you to stay for 3 months under the threat that they will while relieving write adverse to prejudicially harm you. You need to correspond to the HR with a copy to the senior Management on this aspect and may also indicate that as per the policy, tendering resignation and serving the mandated period will be adhered to and you should be relieved without any delay. Await their response and then adopt legal recourse.
In all probability your employer may not detain you beyond the mandated period of one month notice period and if they do not relieve you on the last working day, you may opt to withdraw from gainful employment by handing over the charge to the HR or your Project Manager/Team Leader and seek legal measures for unlawful delay and damages. A good lawyer on service matters will be best able to guide and advise you in this regard.
I hope this suffice your present query.
All the best
Javed Razack
