Denied For Releaving On Last Working Day

Hi All,

I am writing here to seek your help on my last working day with my organization.

Issue summary: On my last working day, the HR and operations manager denied my release and forced me to extend my Last Working Day (LWD) by 30 days.

I am working with one of the well-known BPOs. As per the appointment letter, there is a separation policy in which an employee either serves a 60-day notice period or pays the basic salary in lieu of the notice period.

I had submitted my resignation on the internal HR tool, and it was approved by my manager with a buyback of 30 days, setting the last working date 30 days from the resignation date. As per policy, I served 30 days of notice and agreed to pay 30 days' salary in lieu of the remaining duration.

After the 30-day notice period, I received an email for separation formalities. I completed all handovers and submitted my identity/access card to the admin department.

Upon completion of all formalities, both the HR and Operations managers called me into their cabin and pressured me to extend the notice period by another 30 days. The HR manager refused to release me and amended my last working day on the internal HR tool, mentioning a future exit date.

I have an autogenerated email stating the previous exit date.

Please suggest if it is possible and ethical to change the last working day of an employee post-separation.

Hello,

Do you have the copy of the resignation that is signed by your HR manager as an approval of your resignation?

Hi Amitkumarprajapati,

Thank you for your response. We have an online application for resignation. I have an auto-generated email stating that my resignation has been accepted by my reporting manager, along with the date of my last working day. This was also approved by the HR SPOC. I received the separation email on my last working day; however, after 4 hours of receiving that email, my reporting manager changed the last working day on the online application.

I hope this helps clarify the situation.

Best regards, [Your Name]

Thou, it is rare that a once agreed-upon relieving date is changed at the last moment, but if you do not have written proof or an email from the concerned people in this regard, there is not much that you can do about it. Additionally, the separation policy would definitely state that the payment in lieu of would be as per the acknowledgment from the management.

So, in the absence of written proof or a screenshot where the earlier date was visible on the online resignation module, you have only one option: to request the management to relieve you as per the earlier verbal confirmation. Even if you have an email from HR stating that the last date of working is a certain date, you can inform them that this was already accepted and thereby you cannot go back on the agreed contract.

Hello,

As I mentioned earlier, without proof, you cannot take any action because the management has various reasons against you. However, if you have written proof or a screenshot of an email accepted by the HR manager, then you can take action against them or file a case against them in labor court.

Thank you, Ashutoshji and Amitkumarji, for the valuable suggestions. Adding to this, I do have an email in which the HR SPOC mentioned that "We can facilitate early release, but you will be required to pay the notice recovery amount after in your FNF settlement." There are also instructions for my manager to mention my last working day on the online portal. On the very next day after that email, my reporting manager set the LWD for me, which was 30 days from the resignation date.

I have an autogenerated email for the same which contains the earlier LWD.

On my last working day, I received an email for separation formalities stating, "As per our records, today is your last working day with the organization."

After this email, my manager again initiated a new LWD for me, which is 60 days from my resignation date.

Please suggest if the mentioned emails/proofs will help me to claim a relieving letter.

Do I need to meet the HR manager face to face or should I send all these emails as attachments, asking for a relieving letter? Or do I have to serve the remaining 30 days of the notice period?

Please share the actual Notice Period Clause as mentioned in your Appointment letter. Is it mentioned as "2 Months Notice on either side" or "payment of 2 Months Salary in lieu of notice Period"? Based on the same, your query can be answered.

Yes, Srinathji, said lines are mentioned under the separation policy.

Termination of Employment:
Either party can terminate this employment by serving a notice of 60 days on the other. The Company may, at its absolute discretion, make a payment representing salary in lieu of notice of termination.

Either party can terminate this employment by serving a notice of 60 days on the other. As per this clause, you are bound to give 60 days' notice. There is no mention of 60 days' salary in lieu of notice. Consequently, they have not yet relieved you from service, since you are still in the notice period.

I have an email from HR SPOC in my resignation mail stating, as per policy, they will facilitate my early departure, but I have to pay for it in full and final settlement. "Make a payment representing salary in lieu of notice of termination." These lines represent the same, meaning they are supposed to relieve me. My manager also mentioned my last working day on the online resignation portal. However, now they are going back from the agreed contract.