My wife is currently working with a software firm and has submitted her resignation letter yesterday. She will not be able to serve the notice period due to some personal reasons. She has mentioned in her resignation letter that she is ready to pay the notice breakage amount applicable, but her firm is not ready to accept the same. The firm is ready to accept the resignation but is asking her to serve the notice period, which she really cannot.
Can the firm legally still hold the relieving letter or experience letter? Will she have any issues getting a job after a year without a relieving letter? Will she have any issues during her background check when she plans to work after a year or so?
She has the following documents like an experience certificate (dated a few weeks back), all the pay stubs (for the past year), appointment letter, confirmation letter, resignation letter copy. Also, she has completed her bond period with the firm (i.e., 2 years).
Thanks in advance.
From United States, New York
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Can the firm legally still hold the relieving letter or experience letter? Will she have any issues getting a job after a year without a relieving letter? Will she have any issues during her background check when she plans to work after a year or so?
She has the following documents like an experience certificate (dated a few weeks back), all the pay stubs (for the past year), appointment letter, confirmation letter, resignation letter copy. Also, she has completed her bond period with the firm (i.e., 2 years).
Thanks in advance.
From United States, New York
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Hello,
The company cannot do this to your wife. As you have mentioned, she has completed 2 years (bond) and is also ready to pay salary instead of serving the notice period. The company is doing this because they are losing one employee without having a backup for the same.
It would be better if you clear this matter through mutual understanding, as legally the company does not have the right to withhold anything in your wife's case. Regarding the relieving letter, try to obtain it as some companies do ask for it at the time of joining. She might face some problems when she hunts for a job again in the future.
In short, legally the company cannot hold anything. She can get relieved by paying salary instead of the notice period. I would suggest that if she has a good relationship with them, try to search for some backup for the company before relieving. Practical solution!
Regards,
Chaitali
From India, Vadodara
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35The company cannot do this to your wife. As you have mentioned, she has completed 2 years (bond) and is also ready to pay salary instead of serving the notice period. The company is doing this because they are losing one employee without having a backup for the same.
It would be better if you clear this matter through mutual understanding, as legally the company does not have the right to withhold anything in your wife's case. Regarding the relieving letter, try to obtain it as some companies do ask for it at the time of joining. She might face some problems when she hunts for a job again in the future.
In short, legally the company cannot hold anything. She can get relieved by paying salary instead of the notice period. I would suggest that if she has a good relationship with them, try to search for some backup for the company before relieving. Practical solution!
Regards,
Chaitali
From India, Vadodara
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Hi Karthik,
I am not sure what exactly is mentioned in your wife's appointment order/contract/bond. If the company's present stand is based on the mutually agreed-upon terms, your wife has no other option but to stay with the firm until the end of the notice period.
If the company HR is acting against the signed contract, you can either request HR once again to release the letters and accept the notice pay, or you can escalate the issue to top management. If your wife is a very critical resource (specialized skills/trained at company cost), naturally HR will try to discourage the employee from quitting, or at least they will try to retain the resource until they hire another one.
Employment verification/reference check/background verification is strict in India, and it is not advisable to go without final settlement.
From India, Bangalore
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I am not sure what exactly is mentioned in your wife's appointment order/contract/bond. If the company's present stand is based on the mutually agreed-upon terms, your wife has no other option but to stay with the firm until the end of the notice period.
If the company HR is acting against the signed contract, you can either request HR once again to release the letters and accept the notice pay, or you can escalate the issue to top management. If your wife is a very critical resource (specialized skills/trained at company cost), naturally HR will try to discourage the employee from quitting, or at least they will try to retain the resource until they hire another one.
Employment verification/reference check/background verification is strict in India, and it is not advisable to go without final settlement.
From India, Bangalore
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Thanks Chaitali,
Question – If the company’s HR still says that they would not provide the documents even if we are ready to pay the required compensation amount,
Is there way we can get the documents from them, I mean legally?
Pls advice
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Thanks Sree
Question - There can be many unavoidable circumstances (personal/medical reasons) which can force a person to quit his/her job. Does that mean that company can still force a person to continue his/her services? Does this not mean bonded labor?
Quitting a job with a formal resignation letter means that the person tried to come out the company legally and is bound to get his/her documents from the firm right?. Also the resignation letter contains the details regarding means to compensate the notice period breakage.
Even if a company in future does a background check, I have all the right to state that the company where I was employed didn’t provide me the required document and I was forced to break my notice period due to personal reason. Will this not suffice?
Please advice.
From United States, New York
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Question – If the company’s HR still says that they would not provide the documents even if we are ready to pay the required compensation amount,
Is there way we can get the documents from them, I mean legally?
Pls advice
----------------------------------------------------------------------------------
Thanks Sree
Question - There can be many unavoidable circumstances (personal/medical reasons) which can force a person to quit his/her job. Does that mean that company can still force a person to continue his/her services? Does this not mean bonded labor?
Quitting a job with a formal resignation letter means that the person tried to come out the company legally and is bound to get his/her documents from the firm right?. Also the resignation letter contains the details regarding means to compensate the notice period breakage.
Even if a company in future does a background check, I have all the right to state that the company where I was employed didn’t provide me the required document and I was forced to break my notice period due to personal reason. Will this not suffice?
Please advice.
From United States, New York
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Dear Karthik,
If the employee wants to quit or cannot continue to work in an organization where employed, the person certainly has the option of quitting by paying the notice period amount if that is the option given in the mutual terms of agreement. However, it is better to back up this claim with a well-reasoned and drafted letter in order to settle the issue amicably as far as possible. Generally, it is better in the long run, or short, not to burn bridges.
Nowadays, many companies do not bother about these things, but there are a considerable number who ask for a clean chit from the previous employer. No organization has the sole right of not relieving a person when the person has offered to pay salary in lieu of the notice period; if that is contained as an "either or" option in the agreement, or the organization will have to legally prove without a doubt that the sudden absence of the person employed is going to greatly jeopardize the interests of the company, its functioning, or the provision of its service being thus affected will endanger the public interest. Even if it were so, it is questionable as to how a company could not have a foolproof clause in its appointment letter (contract terms and conditions) when taking such a person into employment on the company's rolls.
Regards,
M.A. Ganju
From United Arab Emirates, Sharjah
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If the employee wants to quit or cannot continue to work in an organization where employed, the person certainly has the option of quitting by paying the notice period amount if that is the option given in the mutual terms of agreement. However, it is better to back up this claim with a well-reasoned and drafted letter in order to settle the issue amicably as far as possible. Generally, it is better in the long run, or short, not to burn bridges.
Nowadays, many companies do not bother about these things, but there are a considerable number who ask for a clean chit from the previous employer. No organization has the sole right of not relieving a person when the person has offered to pay salary in lieu of the notice period; if that is contained as an "either or" option in the agreement, or the organization will have to legally prove without a doubt that the sudden absence of the person employed is going to greatly jeopardize the interests of the company, its functioning, or the provision of its service being thus affected will endanger the public interest. Even if it were so, it is questionable as to how a company could not have a foolproof clause in its appointment letter (contract terms and conditions) when taking such a person into employment on the company's rolls.
Regards,
M.A. Ganju
From United Arab Emirates, Sharjah
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Resignation cum relieving letter.doc