Currently, I am working as a contract employee in an MNC on the payroll of a third party.
I have received a new offer from another company and have initiated my resignation.
However, my manager is currently unwilling to release me. He informed my third-party employer that they will release me with a one-month notice period, as stated in my offer letter. Additionally, the company has decided not to accept any more candidates from our firm.
Shortly after this, I received a call from my third-party employer. They warned me that not leaving in a proper manner could negatively impact my career and future background checks.
I spoke with a friend who had also resigned during his contract period and he faced a similar situation. Despite completing his notice period, he did not receive any relieving documents. The company claimed they had not acknowledged his resignation, declaring him absconded and ineligible to request any documents.
At present, I only have the Offer Letter and bank statements as proof of my association with the company. I have not been provided with payslips or an appraisal letter. Please advise me on how to proceed in this situation.
From India, Mumbai
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I have received a new offer from another company and have initiated my resignation.
However, my manager is currently unwilling to release me. He informed my third-party employer that they will release me with a one-month notice period, as stated in my offer letter. Additionally, the company has decided not to accept any more candidates from our firm.
Shortly after this, I received a call from my third-party employer. They warned me that not leaving in a proper manner could negatively impact my career and future background checks.
I spoke with a friend who had also resigned during his contract period and he faced a similar situation. Despite completing his notice period, he did not receive any relieving documents. The company claimed they had not acknowledged his resignation, declaring him absconded and ineligible to request any documents.
At present, I only have the Offer Letter and bank statements as proof of my association with the company. I have not been provided with payslips or an appraisal letter. Please advise me on how to proceed in this situation.
From India, Mumbai
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There are different angles to this story. One person joins and after a few months leaves the company. This is ridiculous and costs much to the company. Second is like one joins and works for the company but on rolls of a third party and when he gets a good opportunity, the principal employer does not relieve him or warns the contractor of serious consequences, business loss, if he relieves him. This is also ridiculous, an act an HR person should not do or play with the career of a poor person who is treated just like a slave by not absorbing him under the rolls of the principal employer and by shattering the labor laws in force. There is yet another story, that, the employee has been offered employment by a company who is ready to accept the situation of the previous (principal) employer and knows that being outsourced, the new employee will not be able to produce a relieving letter either from the company or from the contractor.
If case 1 is the situation, then I don't have any advice to give you. You should compensate the loss caused to the company.
If case 2 is the scenario, then you can leave the company since you don't have any legal relationship with the company. Here, you should take your contractor into confidence and if he is not ready to relieve you, take a stand that the law will take its role by addressing the matter before the Labor Department. Nowadays, it is common to engage contract employees in core activities of perennial nature even though the law does not permit it. Take advantage of it and warn the contractor.
If case 3 is the situation, leave the company and join the new company by showing whatever documents are available and forget about the calls from the contractor. If the company HR calls, just tell (rather educate) them that he has nothing to do with you since there exists no employee-employer relationship between him and you.
Madhu.T.K
From India, Kannur
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4483If case 1 is the situation, then I don't have any advice to give you. You should compensate the loss caused to the company.
If case 2 is the scenario, then you can leave the company since you don't have any legal relationship with the company. Here, you should take your contractor into confidence and if he is not ready to relieve you, take a stand that the law will take its role by addressing the matter before the Labor Department. Nowadays, it is common to engage contract employees in core activities of perennial nature even though the law does not permit it. Take advantage of it and warn the contractor.
If case 3 is the situation, leave the company and join the new company by showing whatever documents are available and forget about the calls from the contractor. If the company HR calls, just tell (rather educate) them that he has nothing to do with you since there exists no employee-employer relationship between him and you.
Madhu.T.K
From India, Kannur
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Hello Sir,
Thank you for your time. I have been working for this company for the past 1.5 years, and 2 months ago, they moved me to another project. Currently, I am working on a new project. Please let me know if this circumstance matches the case1. Additionally, I have spoken with my new employer, and they are not willing to take me on without any documents. Please advise me on what to do in this situation.
From India, Mumbai
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Thank you for your time. I have been working for this company for the past 1.5 years, and 2 months ago, they moved me to another project. Currently, I am working on a new project. Please let me know if this circumstance matches the case1. Additionally, I have spoken with my new employer, and they are not willing to take me on without any documents. Please advise me on what to do in this situation.
From India, Mumbai
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It also seems that you have been engaged in work of a regular/perennial nature, which is again illegal as per the law. In that case, you may need to take it up as Case 2 and challenge it. You can inform your employer, the contractor, that if you are not relieved with proper documents, you will escalate it as an industrial dispute by lodging a complaint with the labor officials. The contractor would have obtained a license under the Contract Labour (Regulation and Abolition) Act from the Labor Officer, declaring that they would engage labor in non-perennial activities. Similarly, the principal employer would have also declared that they engaged the contractor for non-perennial activities involving labor. This situation is likely to prompt a reaction from both parties.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Hi Sreekesh.R,
It is just a matter of time. I would suggest being loyal and honest with your new employer, explaining your current scenario to him or her.
1) I am sure your new employer will help you out.
2) Take resignation acceptance on mail if possible.
3) If you haven't submitted any documents or any undertaking, then just walk out of your current job.
4) I know it is hard to leave a 1.5 years of experience letter.
5) But after a few years or 5 years or so, you can omit this experience.
6) Lodge a complaint before the Labor officials.
Be honest with your new employer. They will consider this for sure.
From India, Mumbai
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It is just a matter of time. I would suggest being loyal and honest with your new employer, explaining your current scenario to him or her.
1) I am sure your new employer will help you out.
2) Take resignation acceptance on mail if possible.
3) If you haven't submitted any documents or any undertaking, then just walk out of your current job.
4) I know it is hard to leave a 1.5 years of experience letter.
5) But after a few years or 5 years or so, you can omit this experience.
6) Lodge a complaint before the Labor officials.
Be honest with your new employer. They will consider this for sure.
From India, Mumbai
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Hello Madam,
Thank you for your update on my concern. I have a good relationship with my new employer. Currently, the third-party company states my notice period is just 30 days. However, due to issues with my manager, my new employer has extended the timeframe to 60 days. Being a reputed firm with strict policies on background checks and other formalities, they require all my experience documents for processing. I am apprehensive about how this third party will react, as I mentioned in my initial post. Madhu Sir has mentioned legal ways to resolve this issue, but I am striving to resolve it amicably to leave with positive memories.
Best regards,
Sreekesh R
From India, Mumbai
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Thank you for your update on my concern. I have a good relationship with my new employer. Currently, the third-party company states my notice period is just 30 days. However, due to issues with my manager, my new employer has extended the timeframe to 60 days. Being a reputed firm with strict policies on background checks and other formalities, they require all my experience documents for processing. I am apprehensive about how this third party will react, as I mentioned in my initial post. Madhu Sir has mentioned legal ways to resolve this issue, but I am striving to resolve it amicably to leave with positive memories.
Best regards,
Sreekesh R
From India, Mumbai
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf