Hi friends
I was working with one NBFC company as a branch manager.I got an offer frm a leading private bank.. I applied my resignation on 31 Oct 2015. My actual notice period is 60 days. But I requested mu boss I can serve 15 days notice, and fr the balance 45 days I ll pay the salary.. I applied the same inches Hr portal also..
Thn 15th day I Cald to my boss and said today I hav to relieve. He said no I have to serve entire notice period.. Thn I paid the 45 days salary and returned all the official belongings and joined in a new company on 16 Nov 2015...
After 10 days I received a show cause notice from my employer stated that I am absconded from duties.. I replied for the show cause notice.
But now Dec 15 am received a termination letter stated you are not provided satisfactory explanation for show cause notice, due to discontinuity of Service we have to other option, we are terminating you with immediate effect.
Same time after am relieving, on 18th my boss rejected my resignation in hr portal..
Now my present employer asking me to submit the resignation acceptance letter to process the first salary..
Thn with in 30 days from today I have to submit my relieving letter.
I contacted my boss, he simply said I can't do anything, Itz companies decision.. Sry..
Friends Plz guide me.. Am in a critical situation..
Will my present employer accept the termination letter?
How to approach my ex employer to get relieving letter?
Does it affects my career?
Is there any possibilities to go for legal proceedings?
From India, Chennai
I was working with one NBFC company as a branch manager.I got an offer frm a leading private bank.. I applied my resignation on 31 Oct 2015. My actual notice period is 60 days. But I requested mu boss I can serve 15 days notice, and fr the balance 45 days I ll pay the salary.. I applied the same inches Hr portal also..
Thn 15th day I Cald to my boss and said today I hav to relieve. He said no I have to serve entire notice period.. Thn I paid the 45 days salary and returned all the official belongings and joined in a new company on 16 Nov 2015...
After 10 days I received a show cause notice from my employer stated that I am absconded from duties.. I replied for the show cause notice.
But now Dec 15 am received a termination letter stated you are not provided satisfactory explanation for show cause notice, due to discontinuity of Service we have to other option, we are terminating you with immediate effect.
Same time after am relieving, on 18th my boss rejected my resignation in hr portal..
Now my present employer asking me to submit the resignation acceptance letter to process the first salary..
Thn with in 30 days from today I have to submit my relieving letter.
I contacted my boss, he simply said I can't do anything, Itz companies decision.. Sry..
Friends Plz guide me.. Am in a critical situation..
Will my present employer accept the termination letter?
How to approach my ex employer to get relieving letter?
Does it affects my career?
Is there any possibilities to go for legal proceedings?
From India, Chennai
Dear Gokul,
Really yours is a critical situation. But if you would indulge into a perspicacious introspection and if I were correct and unintentional, the entire blame for this mishap shifts only on your haste and lack of understanding of your previous employer's attitude as well as the rationale behind notice of resignation. True that notice of resignation has two options viz., serving the entire notice period or making monetary compensation in lieu of due notice. In the first place, as an employee in the cadre of a Branch Manager, you have to accept the ground reality that in normal circumstance the discretion lies with the employer only. Secondly, you ought to have anticipated such a situation and negotiated with your prospective employer on this and obtained sufficient time for joining. Coming to the march of the events as narrated, till your relief, it seems by the fact of your boss's refusal and insistence to serve the entire notice period on your last day of service , your resignation was not at all accepted.
Therefore, you have got only two options - one is to approach the CEO of your previous Company and requesting him to convert the orders of termination as acceptance of your resignation; the other is to convince your present employer not to insist on a relieving letter.
;
From India, Salem
6018Really yours is a critical situation. But if you would indulge into a perspicacious introspection and if I were correct and unintentional, the entire blame for this mishap shifts only on your haste and lack of understanding of your previous employer's attitude as well as the rationale behind notice of resignation. True that notice of resignation has two options viz., serving the entire notice period or making monetary compensation in lieu of due notice. In the first place, as an employee in the cadre of a Branch Manager, you have to accept the ground reality that in normal circumstance the discretion lies with the employer only. Secondly, you ought to have anticipated such a situation and negotiated with your prospective employer on this and obtained sufficient time for joining. Coming to the march of the events as narrated, till your relief, it seems by the fact of your boss's refusal and insistence to serve the entire notice period on your last day of service , your resignation was not at all accepted.
Therefore, you have got only two options - one is to approach the CEO of your previous Company and requesting him to convert the orders of termination as acceptance of your resignation; the other is to convince your present employer not to insist on a relieving letter.
;
From India, Salem
"" one is to approach the CEO of your previous Company and requesting him to convert the orders of termination as acceptance of your resignation; the other is to convince your present employer not to insist on a relieving letter.""
Rightly said.
Approach for compromise on side and on other side request not to press for relieving letter.
All this shows the need to approach quitting,taking new jobs with great care and after fully being aware of time periods needed for legal exit.
From India, Pune
Rightly said.
Approach for compromise on side and on other side request not to press for relieving letter.
All this shows the need to approach quitting,taking new jobs with great care and after fully being aware of time periods needed for legal exit.
From India, Pune
Apart from the solution given by the seniors above, how can you leave any organization with 15 days notice from a Managerial Cadre, As you were the Branch Manager you would have enough responsibilities to be taken care of, but you left the organization in lurch. So if your ex employer is terminating you from the service, then they are not wrong, even your new employer has not noticed your irresponsible behavior which is strange. I am sorry to be harsh to you.
From India, Ahmadabad
From India, Ahmadabad
Those who are in the managerial cadre of employment should always be aware that protection of labour laws is not available to them. While changing employment they should act like matured person and should not behave like a class IV employee or a clerk who has limited ownership with the company. In a negotiation with a new employer, they should offer their service and should not request for employment and while offering their service they should put certain conditions and this notice period with the present employer should be one of the conditions. I don't think that any employer would be hesitant to hire a person if he says that he requires two months to join because he cannot leave the present employer just without finding an alternative and properly carrying out the handing over formalities. There are organisations who wait for candidates who seem to be an asset for the organisations even for much longer period.
Now, the only remedy is the one suggested by Umakanthan Sir. If you fail to produce the relieving letter, naturally, the present employer can take a call and terminate you without offering any opportunity to be heard.
Madhu.T.K
From India, Kannur
Now, the only remedy is the one suggested by Umakanthan Sir. If you fail to produce the relieving letter, naturally, the present employer can take a call and terminate you without offering any opportunity to be heard.
Madhu.T.K
From India, Kannur
Dear Gokul,
Do you have any proof of tendering you resignation?
Did you mention the last date in it clearly and offered to pay for the rest of the duration, in clear words? How did you ensure the Knowledge transfer? Did you have it signed off by the people who received it? What about hand over f the duties? How was it done and who authorised it?
An employee cant be terminated, if he has already resigned. However, if you cant prove your resignation, then the termination remains valid.
Just as Nathrao had suggested, escalating with the proof that you have is your only way out. The employer is correct in claiming the exit, unless you have completed the knowledge transfer and have proof of it.
From India, Mumbai
Do you have any proof of tendering you resignation?
Did you mention the last date in it clearly and offered to pay for the rest of the duration, in clear words? How did you ensure the Knowledge transfer? Did you have it signed off by the people who received it? What about hand over f the duties? How was it done and who authorised it?
An employee cant be terminated, if he has already resigned. However, if you cant prove your resignation, then the termination remains valid.
Just as Nathrao had suggested, escalating with the proof that you have is your only way out. The employer is correct in claiming the exit, unless you have completed the knowledge transfer and have proof of it.
From India, Mumbai
Dear Gokul
I tend to agree with (Cite Contribution).
The Terms and Conditions of your service contains 60 days notice of Termination (or salary in lieu of notice) on either side.
If you have submitted resignation with a 15 days notice and the rest recoverable from your salary; you have fulfilled your part of the bargain.
In these days of summary termination of employees who are not protected under Law, and the "Hire and Fire" policy that exists, it is futile to expect Generational Loyalty from employees, as is prevalent in Armed Forces, certain Japanese, and a few top Indian Companies.
As a professional, you have fulfilled the requirements and adhered to the T&C of your employment terms. There is no need to shed emotional tears for a company who may not lose a day in shedding workforce according to market situations.
It is the company's high-handedness to issue a Show-Cause Notice and then Termination letter to you; when they could have easily and rightfully issue a Resignation Accepted letter. It amply makes clear the kind of concern your Company has , for its employees who wants to leave.
As a parting note; one can be certain that such a Company would not even bother to have an Exit Interview.
You have already been given sound suggestions by our experienced and learned members; please consider them seriously.
Warm regards.
From India, Delhi
I tend to agree with (Cite Contribution).
The Terms and Conditions of your service contains 60 days notice of Termination (or salary in lieu of notice) on either side.
If you have submitted resignation with a 15 days notice and the rest recoverable from your salary; you have fulfilled your part of the bargain.
In these days of summary termination of employees who are not protected under Law, and the "Hire and Fire" policy that exists, it is futile to expect Generational Loyalty from employees, as is prevalent in Armed Forces, certain Japanese, and a few top Indian Companies.
As a professional, you have fulfilled the requirements and adhered to the T&C of your employment terms. There is no need to shed emotional tears for a company who may not lose a day in shedding workforce according to market situations.
It is the company's high-handedness to issue a Show-Cause Notice and then Termination letter to you; when they could have easily and rightfully issue a Resignation Accepted letter. It amply makes clear the kind of concern your Company has , for its employees who wants to leave.
As a parting note; one can be certain that such a Company would not even bother to have an Exit Interview.
You have already been given sound suggestions by our experienced and learned members; please consider them seriously.
Warm regards.
From India, Delhi
Being in a senior position, you have been largely presumptuous, with your first employer, I must say. Why did you not wait till the formal response was received from the employer? Instead you paid for remaining days of notice period and got out. While doing so you did not even try to tie up the lose end with the new employer taking his view / commitment that the requirement of relieving letter from your earlier employer is waived off.
I agree with the course suggested by our previous experts to open polite dialogue with both the parties and see what happens. All the best.
From India, Pune
I agree with the course suggested by our previous experts to open polite dialogue with both the parties and see what happens. All the best.
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Working with communities.ppt
Termination-emp loyment_563.pdf