Please Suggest Its Urgent

Dear Seniors,
My frnd was Mgr in a MNC. As per his appt letter, 30 days be served on resign. After 2 years new GM changed the HR Policy where by 90 days notice is to be given. (individual confirmn has not taken but GM want to apply this rule to existing emplyees ). Now he resigned ( GM harassment) n served instead of 1 mnth , 2 mnths notice and asked mgt to settle his dues and issue Relieving letter. But the GM wanted him to help the new Mgr for some more days, for which he refused. Laptop and mobile was not taken as the Co expect him to come and work for few more days. My frnd requested the co to send some one to collect the Laptop and cell phone.Mgt has not replied back. after 1 month,Now the co. wants the Laptop and Mobile without issuing Rel letter and final dues.Please tell me how should he react to this? Can he keeps the assets of the company and ask the company to send Relieving letter first and then collect the assets? or what action should he take?

hi,
wat my personal opinion is to settle d dues with the company instead of keepin d properties. coz d compny may have a legal dept and dey may go for legal actions against him. it may be a prob for him in future.
its my personal opinion nly

Hi,
Ask your friend whether he has signed any paper which states that he has to serve 90 days notice. If not the company has to settle all his dues and issue the relieving letter. It will be best for him to take the company assests in person and ask them to issue his relieving letter in person.

hiiii,
bt the issue is that even after the sighning of the letters the company can ammend the rules thru circulars that is applicable to all employees

Dear Shradha,
Kindly tell us how many employees are working in your friend company?
Because we want to know is there any certified Standing Order or Model standing order rule is running in his company
In every company in their standing order Exit clause is already mentioned and the Notice period date also defined and it is certified the Labour office. if any amendment required by company standing order that has to be updated by Labour office.
Any Internal Circular can not be applicable without approval of Labour department.
So 1st tell ur friend to return all the company assets as soon as possible and collect the no due from each department that he don't have any assets of the company with him. And send an application to top management of the company with attaching the photo copy of the appointment letter & No due certificate.
If still company not ready to give. u can make a written complain against company in your Local labour office.
Ratikanta Rath

Dear All,

Thanks Seniors for the reply. I would like to state that -

1) My friend has not signed any paper giving effect to the change of Notice period from 30 to 90 days.

2) On the last date of his working days, he has prepared list of the things to be handed over including Laptop, which he was using. Management was not ready to take back the laptop and rest they have taken back from him and given the acknowledgement.

3) My friend has written mail to the management that why the Laptop has not taken back , inspite of the fact that he may or may not come back.

4) Management replied to him saying that his additional service required after a gap of 15 days ( because my friend was specialised in the subject and the management felt that the new comer would not be able to execute the things)

5) As the local managment was adamant that the relieving letter and final settlement will be given only on his coming back. So he wrote back saying that he will be out of station for some urgent working and may not be able to come back before 2 months and requested the lcoal managment to send some person to collect the Laptop from his residence and also requested to send settelement dues and reliveing letter.

6) Now the management has come up with the version that he should come to office for signing Revokal letter of Specific Power of Attorney given to him as senior Manager. Infact there was GPA granted to GM , who inturn has delegated some authority to deal with certain Department. My friends opinion is the letter of Authority given by GM in his favour takes the nature of Specific Power of Attorney, which cease to effect, once the event or purpose for which it is given. Is he right? Secondly, my friend says that to revoke Power of Attorney, No signature of Agent is required , as Principal is having full right to do so without Agents signature. Is it Correct?

Management has threatened that if he doesnt come on particular day, GM will publish in News Paper regarding revokal of Power of Attorney.

Does it have any implication on his career? As mentioned there was no GPA , it was only Spcific Letter of Authority ( Can we call this Specific Power of Attorney?) ( Please note that there is no economic offence is involved in the case). This is just harassement of the Local Management. Because of the harassement , 8 people have left the organisation in last two months.

Kindly advice the course of action to be taken by him. As some of seniors suggested, can he send the Laptop and Cell phone to office back and then claim for Final dues

Dear Ratikanta,

there is no standing order in his company. as a new company in India, it has formulated HR Policy recently. Prior to that Management was following strictly terms and conditions of Appoinment letter to cover Employee related issues.

Secondly, he has acknowledged copy of the assets handed over to the company. In the list, he has mentioned the Laptop, which company has not taken back( as mentioned by earlier)

Thirdly, he was serving as a Senior Manager. Can he go to Labour office with such complaint? Is Labour Commissioner will entertain such grievence?

He is ready to handover the assets. As he is out of station, he has requested the Local Management of the company thru Email to send some person to collect the Laptop. But Management is insisting that he should come to handover the assets in person. How far this is right in the case of person who has left the organisation a months back?

Management is giving reason that he should come to office to sign the Revokal papers of Specific Power of attorney. Is the revokal requireed his signature? Is Specific Power of Attorney doesnt come to end, once the event or purpose is got over?

Even signature is required, is it necessary that he should go to office to sign the paper? If he ask the managment to send either thur courier, Email , is it wrong?

What action can the Management take against him if he is not able to go to that office for next two months?

Please note that he has properly handed over all the documents and assets to the company and taken the acknowledgement.

also company has confirmed him in writing that what was his last working day. He has served the company till that date too.

Please advice

Shradha

Dear Shradha,
As you are saying he was in Senior Manager category so Industrial Dispute Act will not be applicable for him, in that case he has to file a complain in Civil Court.
As You are saying
" Please note that he has properly handed over all the documents and assets to the company and taken the acknowledgement.
also company has confirmed him in writing that what was his last working day. He has served the company till that date too."
So tell him either he will send one of his representative on his behalf who will go and return the Laptop & take the acknowledgement copy from company.
Then with 2 Evidence i.e Copy of Appointment letter & copy of slip which stating he has properly handed over all the documents and assets to the company and taken the acknowledgement.also company has confirmed him in writing that what was his last working day." and file case against the company in civil court.
Ratikanta Rath

Dear Ratikanta,

Thanks for the reply. Can you please throw some light on the following too.

1) My friend has not signed any paper giving effect to the change of Notice period from 30 to 90 days.

2) On the last date of his working days, he has prepared list of the things to be handed over including Laptop, which he was using. Management was not ready to take back the laptop and rest they have taken back from him and given the acknowledgement.

3) My friend has written mail to the management that why the Laptop has not taken back , inspite of the fact that he may or may not come back.

4) Management replied to him saying that his additional service required after a gap of 15 days ( because my friend was specialised in the subject and the management felt that the new comer would not be able to execute the things)

5) As the local managment was adamant that the relieving letter and final settlement will be given only on his coming back. So he wrote back saying that he will be out of station for some urgent working and may not be able to come back before 2 months and requested the lcoal managment to send some person to collect the Laptop from his residence and also requested to send settelement dues and reliveing letter.

6) Now the management has come up with the version that he should come to office for signing Revokal letter of Specific Power of Attorney given to him as senior Manager. Infact there was GPA granted to GM , who inturn has delegated some authority to my freind to deal with certain Department. My friend's opinion is the letter of Authority given by GM in his favour takes the nature of Specific Power of Attorney, which cease to effect, once the event or purpose for which it is given. Is he right? Secondly, my friend says that to revoke Power of Attorney, No signature of Agent is required , as Principal is having full right to do so without Agents signature. Is it Correct?

Management has threatened that if he doesnt come on particular day, GM will publish in News Paper regarding revokal of Power of Attorney.

Does it have any implication on his career? As mentioned there was no GPA , it was only Spcific Letter of Authority ( Can we call this Specific Power of Attorney?) ( Please note that there is no economic offence is involved in the case). This is just harassement of the Local Management. Because of the harassement , 8 people have left the organisation in last two months.

Kindly advice the course of action to be taken by him. Please also advice, inspite of his surrendering laptop and cellphone, if the company doesnt give relieving letter what should he do? is the civil court is final resort for him?

One more question. Can GPA holder can grant another GPA in favour of some one as per Indian Contract Act?

Thanks in advance

Regards

Shradha

Dear Shradha,
Even if ur friend will go for any legal formalities it will harass both the party, so tell ur friend better seat together with there MD or Higher authority of management and short out the issue. since he was there in a senior position and has a important role, so definitely a solution will come. A mutual talk can short out all the disputes which i feel better.
Ratikanta Rath