I joined a company in July 2022, As per the offer letter 3 month stated as probation period. After 3 months they will give me letter of confirmation. So, I resigned from the firm within probation. As per probation, 1 month notice period or in lieu of salary but they added 2 lines " which the management may accept or deny depending upon the criticality of the work". They were forcing me to serve one more month as a notice if you need documents, Which is almost 2 months. I served one month & 8 days' notice period as per my resignation.
HR denied everything & not accepted my last day of working. After almost 1 week she sent me a mail that you have been terminated from the work because of non serious attitude. In my last 5-6 emails after my resignation, I clearly updated HR that after certain date it will be not possible for me to continue the work & I am just following the terms & conditions mentioned in Appointment letter but none of my request was accepted. Now my dues & relieving letter have not been cleared by the company. I do have offer/Appointment letter, Salary slips of 2 months, Pf deduction details except relieving/Experience letter.
Now my TCS on boarding postponed because my last co. not yet released exp/relieving letter & in resignation acceptance mail date was not mentioned by HR. Now I am not getting positive response from my last HR. If I will not receive experience letter on time my TCS offer letter will be rejected. I do have only 10-15 days to submit the experience letter. Please suggest what to do in this case?
From India, Rohtak
HR denied everything & not accepted my last day of working. After almost 1 week she sent me a mail that you have been terminated from the work because of non serious attitude. In my last 5-6 emails after my resignation, I clearly updated HR that after certain date it will be not possible for me to continue the work & I am just following the terms & conditions mentioned in Appointment letter but none of my request was accepted. Now my dues & relieving letter have not been cleared by the company. I do have offer/Appointment letter, Salary slips of 2 months, Pf deduction details except relieving/Experience letter.
Now my TCS on boarding postponed because my last co. not yet released exp/relieving letter & in resignation acceptance mail date was not mentioned by HR. Now I am not getting positive response from my last HR. If I will not receive experience letter on time my TCS offer letter will be rejected. I do have only 10-15 days to submit the experience letter. Please suggest what to do in this case?
From India, Rohtak
We can only suggest you to make a personal visit to the previous organisation, meet your reporting officer, Head of Dept., HR and anyone else, make a personal request to help you. People outside the organisation can not help and the legal resolution of the issue would take long time and will not be effective. So, appeal to the good senses of the official and God's Grace.
From India, Mumbai
1534From India, Mumbai
Thanks for the reply.
The only issue is that it is small firm, hardly 12-15 employee. Everything is managed by single person, There is no hierarchy in management. The company is managed by Husband-wife. I requested so many times to release the documents but she is stuck with her decision that you have not served the notice according to us so it is difficult to release the documents. Even she added do whatever you want I will not release anything. It is more like an ego thing.
From India, Rohtak
The only issue is that it is small firm, hardly 12-15 employee. Everything is managed by single person, There is no hierarchy in management. The company is managed by Husband-wife. I requested so many times to release the documents but she is stuck with her decision that you have not served the notice according to us so it is difficult to release the documents. Even she added do whatever you want I will not release anything. It is more like an ego thing.
From India, Rohtak
Dear Dalbir
You have joined this small company with not clear heart. You joined this small company and on other hand you were trying in TCS kind of big company. If you was trying for bigger company than you should not have joined small company for your benefits only. In small company hiring is a difficult task and once they appoint any candidate they stop searching for another candidate. Within one month you given them a notice because you got another offer. It means from very first day you was very clear that you are not going to work for a longer period in this company.
So don't expect ethic from others till the time you don't yourself behave ethically.
So now the only option is with you to meet the owner and apologies for inconvenience caused to them because of you and request them for reliving letter.
From India, New Delhi
You have joined this small company with not clear heart. You joined this small company and on other hand you were trying in TCS kind of big company. If you was trying for bigger company than you should not have joined small company for your benefits only. In small company hiring is a difficult task and once they appoint any candidate they stop searching for another candidate. Within one month you given them a notice because you got another offer. It means from very first day you was very clear that you are not going to work for a longer period in this company.
So don't expect ethic from others till the time you don't yourself behave ethically.
So now the only option is with you to meet the owner and apologies for inconvenience caused to them because of you and request them for reliving letter.
From India, New Delhi
Dear Indu
Greetings
Thanks for the comment.
I think you misunderstood my query, I worked for 4 months including my notice period. Never absconded from the firm, Served the notice period as per my appointment letter. In my view probation period is for both parties (Employer/Employee) so that both of them can understand each other. During the work I found out the nature of the work is not as discussed in the interview, Only because of this I decided to move on. I am not against any small firm or startups, Lots of people start their career from small organization. I am only against the approach how they deal with resigned candidates. I think ethically I'm not wrong here, Followed the term & conditions of my appointment letter.
Still thanks for your valuable suggestion & time.
From India, Rohtak
Greetings
Thanks for the comment.
I think you misunderstood my query, I worked for 4 months including my notice period. Never absconded from the firm, Served the notice period as per my appointment letter. In my view probation period is for both parties (Employer/Employee) so that both of them can understand each other. During the work I found out the nature of the work is not as discussed in the interview, Only because of this I decided to move on. I am not against any small firm or startups, Lots of people start their career from small organization. I am only against the approach how they deal with resigned candidates. I think ethically I'm not wrong here, Followed the term & conditions of my appointment letter.
Still thanks for your valuable suggestion & time.
From India, Rohtak
Dear Friend,
When you join any organisation, lots of time, effort and cost are involved. Now if the resource leaves the job within 2/3 months, the organisation comes to square one again. Hence, for this when you are applying to other organisations, be very specific about your departure.
Many times, if you are so relevant, no relieving letter is required. Only a resignation email is needed to avoid dual employment.
In the present scenario, you are trapped between two employers.
1. As per one view, meet your current employer and request them to co-operate.
2. Also meet the new employer and let him know your difficulties.
I am sure, something good will work out when you meet people in person and let them know your difficulties.
Regards,
From India, Mumbai
When you join any organisation, lots of time, effort and cost are involved. Now if the resource leaves the job within 2/3 months, the organisation comes to square one again. Hence, for this when you are applying to other organisations, be very specific about your departure.
Many times, if you are so relevant, no relieving letter is required. Only a resignation email is needed to avoid dual employment.
In the present scenario, you are trapped between two employers.
1. As per one view, meet your current employer and request them to co-operate.
2. Also meet the new employer and let him know your difficulties.
I am sure, something good will work out when you meet people in person and let them know your difficulties.
Regards,
From India, Mumbai
Dear sir
Thanks for the comment.
You are right I am trapped between 2 employers. My last organization HR/Owner ignoring my calls/Emails & don't want to meet me. Tried my best, following them since last one month but no luck. On the other side TCS onboarding team needs experience/Relieving letter to proceed further, Not considering resignation email..
Don't have enough time I think my soon they will terminate offer letter.
From India, Rohtak
Thanks for the comment.
You are right I am trapped between 2 employers. My last organization HR/Owner ignoring my calls/Emails & don't want to meet me. Tried my best, following them since last one month but no luck. On the other side TCS onboarding team needs experience/Relieving letter to proceed further, Not considering resignation email..
Don't have enough time I think my soon they will terminate offer letter.
From India, Rohtak
Dear Dalbir Have you visited your office or you are only trying phone? On phone they will not respond as per my experience. You should visit in person. Hopefully matter will be sorted out.
From India, New Delhi
From India, New Delhi
I think you should have openly mentioned your Company's name so that many would tell about your employer.
Today we need a Labour Law lawyer to read your appointment letter before you sign it. Do not sign any appointment letter unless the clauses are redrawn and corrected.
They normally say we will give a letter for the correction. Do not believe them. Even they are your friends or relatives be certain with your legal matters.
How can you accept the extra wordings added it ? " which the management may accept or deny depending upon the criticality of the work"....there cannot be any accept or deny as they have not bought you. Once the one month notice period or 1 month Salary lieu of working after the resignation. This is illegal but since you have accepted and signed it there will be endless problem created by the mangement.
In employment these are complications when the management has no ethics and also the HR who handles have a different attitude to harass the staff and get a name for themselves but doesn't not disclose it to the Management.
In general it is always requested to the old staff to train the new staff appointed in place of you, as the actual work is only known to the old staff. But it would be for a week or 10 days not till the satisfaction of the new staff.
It so happened in my case when the old staff resigned but unable to get up from his work. Once my GM came into our Department and saw the old staff sitting and doing physically everything making the new staff just sit besides. The GM questions are you continuing or resigned? He replied resigned. Then why are you sitting in the seat when a new staff is there from us duly appointed in your place.
Instantly he made me to sit in the chair and change all the passwords etc. so the old staff cannot sit and do anything.
So the Management's interference is required in the matter. This extra work is poked by the HR in your appointment letter. There cannot be a open position during the probation period and it should be cut and short applicable to both the employer and employee.
Do visit everyday to your company and if possible take someone with you might be your legal consultant so that the proof of another person with you will be more proof of your visit to the company to ask for your right or relieving you forthwith and relieve you with a letter or confirmation of your work and getting relieved from the service without any demur.
From Saudi Arabia
Today we need a Labour Law lawyer to read your appointment letter before you sign it. Do not sign any appointment letter unless the clauses are redrawn and corrected.
They normally say we will give a letter for the correction. Do not believe them. Even they are your friends or relatives be certain with your legal matters.
How can you accept the extra wordings added it ? " which the management may accept or deny depending upon the criticality of the work"....there cannot be any accept or deny as they have not bought you. Once the one month notice period or 1 month Salary lieu of working after the resignation. This is illegal but since you have accepted and signed it there will be endless problem created by the mangement.
In employment these are complications when the management has no ethics and also the HR who handles have a different attitude to harass the staff and get a name for themselves but doesn't not disclose it to the Management.
In general it is always requested to the old staff to train the new staff appointed in place of you, as the actual work is only known to the old staff. But it would be for a week or 10 days not till the satisfaction of the new staff.
It so happened in my case when the old staff resigned but unable to get up from his work. Once my GM came into our Department and saw the old staff sitting and doing physically everything making the new staff just sit besides. The GM questions are you continuing or resigned? He replied resigned. Then why are you sitting in the seat when a new staff is there from us duly appointed in your place.
Instantly he made me to sit in the chair and change all the passwords etc. so the old staff cannot sit and do anything.
So the Management's interference is required in the matter. This extra work is poked by the HR in your appointment letter. There cannot be a open position during the probation period and it should be cut and short applicable to both the employer and employee.
Do visit everyday to your company and if possible take someone with you might be your legal consultant so that the proof of another person with you will be more proof of your visit to the company to ask for your right or relieving you forthwith and relieve you with a letter or confirmation of your work and getting relieved from the service without any demur.
From Saudi Arabia
Hello Everyone
Thanks for your reply.
I was chasing my employer since last 1.5 months. No one in organisation is interested to have conversation with me. Dropped mails several times for settlement but no luck. Trying to sort the matter professionally but seems like it is not working, definitely I will go legal way if nothing works but the concern is my job offer. Soon I will lose the offer. Loosing hope day by day. If anyone has a connection in Chandigarh/Mohali governments offices or in judiciary system, please let me know. Urgent help required.
From India, Rohtak
Thanks for your reply.
I was chasing my employer since last 1.5 months. No one in organisation is interested to have conversation with me. Dropped mails several times for settlement but no luck. Trying to sort the matter professionally but seems like it is not working, definitely I will go legal way if nothing works but the concern is my job offer. Soon I will lose the offer. Loosing hope day by day. If anyone has a connection in Chandigarh/Mohali governments offices or in judiciary system, please let me know. Urgent help required.
From India, Rohtak
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Employee Experience.doc