No Relieving Letter.
I worked for a big software services MNC. I got married and had to travel abroad,so I spoke to my manager about my resignation. He suggested me to take a sabbatical leave for a year and come back and work. I did it as that time as I had plans of coming back to india. Later my plans got changed due to some personal reasons and I knew I wont be able to return back and join. so I resigned (sent resignation email) much before my leave end date. Spoke to my manager on phone and he was OK with that. I continued with my life abroad.
Now after 6 months, I got a offer from some other company . I called my old employer for relieving letter and I found that I have not been relieved. My name still appears on the company employee list. I spoke to my manager and now he is behaving differently. He is saying rules have changed, you have to come back to India,resign and serve a notice period.
I am stuck. I feel cheated. I have raised a voice but I have no proof to prove my point. I eagerly want to join the new organisation but without relieving letter I can not.
Please suggest.
From United States, New York
I worked for a big software services MNC. I got married and had to travel abroad,so I spoke to my manager about my resignation. He suggested me to take a sabbatical leave for a year and come back and work. I did it as that time as I had plans of coming back to india. Later my plans got changed due to some personal reasons and I knew I wont be able to return back and join. so I resigned (sent resignation email) much before my leave end date. Spoke to my manager on phone and he was OK with that. I continued with my life abroad.
Now after 6 months, I got a offer from some other company . I called my old employer for relieving letter and I found that I have not been relieved. My name still appears on the company employee list. I spoke to my manager and now he is behaving differently. He is saying rules have changed, you have to come back to India,resign and serve a notice period.
I am stuck. I feel cheated. I have raised a voice but I have no proof to prove my point. I eagerly want to join the new organisation but without relieving letter I can not.
Please suggest.
From United States, New York
Dear tiya first tell me one thing, the company gave you appointment letter at the time of joining?. was it mentioned about termination/resignation on it?. every company has to give the written letter or notice to the employees when the rules are changed. is it happens to you?. rules are changed after acceptance of your resignation then the new rules are not applied to you. but here you don't had the proof regarding to your manager and you conversation. its not possible to get you releaving from the company by legal force . first you have to confirm that what is in your appointment letter . tell me about that later i will tell you the solution.
From India, Solon
7From India, Solon
the offer letter says something like this... "any1 (employer or the employee) may terminate service anytime by giving n days notice or salary. but due to any urgency employer may reject the salary in lieu of notice n ask the employer to serve notice period entierly or partly. Employer wont b deemed of his service to hv been relieved except upon issue of a letter by employer to tht effect..)". company did not inform me about the changed rules. the mail was only sent to managers. thatz wat my manager told me.
From United States, New York
From United States, New York
Hello Tiya,
First & foremost you did a mistake in not having your paperwork clear.
You mentioned that you were given the permission to go on Sabbatical Leave--do you have any docs to that effect?
Also, you mention that your Manager was OK with your resignation--was it verbally or thru mails?
There is a possibility what your manager now says is true--many companies have changed their HR policies due to attrition. Also, I am not sure if it's standard policy that each & every employee has to be informed of any policy change--in some companies, they just put it on the bill/notice-board.
In a way, you are lucky that you still find the same manager in place to talk to--what if he left the company & you have to talk to an entirely new face--let alone the manager, without any documentary proof, would YOU believe if you were in that person's place?
There's also another possibility: that the Company is thinking that you planned it all & you never originally had any idea of returning. So they want you to face the consequences for that action. Right or wrong isn't the issue here--it's finally the perceptions that matter [just as you think: 'I feel cheated', everyone has a right to form their own perceptions]. Whether this possibility is true or not is for your figure out.
In response to jagadeesh's query, you gave VERY ROUGH details of your appointment letter:'may terminate service anytime by giving n days notice or salary......'. What should one conclude: whether your attitude is lackadaisical or you don't have the Appointment letter in hand [what does "n days" mean?]? Would anyone make any attempt to give advice with such a sketchy/raw reply?
Coming to handle the situation in-hand, since there's a chance to buy-out the Notice period, suggest talk to HR nicely & buy it out AND get the paperwork right this time.
I am sorry if some words hurt you, but suggest learn to look @ the other person's perspective too before you make a move.
Rgds,
TS
From India, Hyderabad
First & foremost you did a mistake in not having your paperwork clear.
You mentioned that you were given the permission to go on Sabbatical Leave--do you have any docs to that effect?
Also, you mention that your Manager was OK with your resignation--was it verbally or thru mails?
There is a possibility what your manager now says is true--many companies have changed their HR policies due to attrition. Also, I am not sure if it's standard policy that each & every employee has to be informed of any policy change--in some companies, they just put it on the bill/notice-board.
In a way, you are lucky that you still find the same manager in place to talk to--what if he left the company & you have to talk to an entirely new face--let alone the manager, without any documentary proof, would YOU believe if you were in that person's place?
There's also another possibility: that the Company is thinking that you planned it all & you never originally had any idea of returning. So they want you to face the consequences for that action. Right or wrong isn't the issue here--it's finally the perceptions that matter [just as you think: 'I feel cheated', everyone has a right to form their own perceptions]. Whether this possibility is true or not is for your figure out.
In response to jagadeesh's query, you gave VERY ROUGH details of your appointment letter:'may terminate service anytime by giving n days notice or salary......'. What should one conclude: whether your attitude is lackadaisical or you don't have the Appointment letter in hand [what does "n days" mean?]? Would anyone make any attempt to give advice with such a sketchy/raw reply?
Coming to handle the situation in-hand, since there's a chance to buy-out the Notice period, suggest talk to HR nicely & buy it out AND get the paperwork right this time.
I am sorry if some words hurt you, but suggest learn to look @ the other person's perspective too before you make a move.
Rgds,
TS
From India, Hyderabad
Thanks TS.
1. I did not want to copy stuff from my appointment letter and paste here (as i think it is against citehr's policy).
2. n days means 'n' number of days. It may be 60 days or 90 days. That is not important.
3. I know I have done a biggest mistake of not having the paper work clear. I spoke to my manager on phone after sending a resignation letter through email.
4.I have all other paper work in place - appointment letter, salary slips, etc except (relieving/experience letter and resignation acceptance letter).
5.I asked for Notice Period buy-out , but even that is to be decided by manager. HR can't do anything without manager's permission and my manager said "no notice period by out".
From United States, New York
1. I did not want to copy stuff from my appointment letter and paste here (as i think it is against citehr's policy).
2. n days means 'n' number of days. It may be 60 days or 90 days. That is not important.
3. I know I have done a biggest mistake of not having the paper work clear. I spoke to my manager on phone after sending a resignation letter through email.
4.I have all other paper work in place - appointment letter, salary slips, etc except (relieving/experience letter and resignation acceptance letter).
5.I asked for Notice Period buy-out , but even that is to be decided by manager. HR can't do anything without manager's permission and my manager said "no notice period by out".
From United States, New York
Hello Tiya,
1] It's NOT against CiteHR policy to copy & paste--as long as you don't mention names of companies & specific people.
2] I do know what 'n' in "n days" means--being an engineer, I have used that denotation umpteen number of times. But that's beside the point. I am not sure on what basis you made the conclusion "That is not important". The response may vary quite often depending on the value of 'n'.
3] What your HR said is right--unless they get the formal OK from the Manager, they can't veto except under very compulsive circumstances.
You haven't mentioned anything about having written docs reg your Sabbatical Leave.
Pl read again what I mentioned earlier: Company is thinking that you planned it all & you never originally had any idea of returning.
When you decided to look for a job, what stopped you from reviving the same job with your Manager? Obviously, you wouldn't have got the new job without applying, getting interviewed, etc.
So when you broke the news of the Relieving letter with your manager/HR, the impression you created is this [in all probability]: 'she found a better-paying job & after 'using' this company for her sabbatical leave--to keep her options open with this company'.
Just as YOU feel cheated, your Manager too must have felt the same way about you [I was so flexible with her, but all the while she was using my good-nature]--the consequences of which you are NOW seeing.
I don't see any option for now, except, making peace with your manager & getting your Letters [he wouldn't have changed his/her word & take the current stand that you have to serve the Notice Period after so many months, when KT isn't an issue at all, UNLESS something else has transpired that you haven't mentioned in your Posting OR you inadvertently conveyed something that hurt him].
Another option you have is to contact the Head of HR or the top person in the Company-but no guarantee that it will work, since it depends on the current standing of your manager in the company. If he is very-much valued, his word will carry the day.
All the Best.
Rgds,
TS
From India, Hyderabad
1] It's NOT against CiteHR policy to copy & paste--as long as you don't mention names of companies & specific people.
2] I do know what 'n' in "n days" means--being an engineer, I have used that denotation umpteen number of times. But that's beside the point. I am not sure on what basis you made the conclusion "That is not important". The response may vary quite often depending on the value of 'n'.
3] What your HR said is right--unless they get the formal OK from the Manager, they can't veto except under very compulsive circumstances.
You haven't mentioned anything about having written docs reg your Sabbatical Leave.
Pl read again what I mentioned earlier: Company is thinking that you planned it all & you never originally had any idea of returning.
When you decided to look for a job, what stopped you from reviving the same job with your Manager? Obviously, you wouldn't have got the new job without applying, getting interviewed, etc.
So when you broke the news of the Relieving letter with your manager/HR, the impression you created is this [in all probability]: 'she found a better-paying job & after 'using' this company for her sabbatical leave--to keep her options open with this company'.
Just as YOU feel cheated, your Manager too must have felt the same way about you [I was so flexible with her, but all the while she was using my good-nature]--the consequences of which you are NOW seeing.
I don't see any option for now, except, making peace with your manager & getting your Letters [he wouldn't have changed his/her word & take the current stand that you have to serve the Notice Period after so many months, when KT isn't an issue at all, UNLESS something else has transpired that you haven't mentioned in your Posting OR you inadvertently conveyed something that hurt him].
Another option you have is to contact the Head of HR or the top person in the Company-but no guarantee that it will work, since it depends on the current standing of your manager in the company. If he is very-much valued, his word will carry the day.
All the Best.
Rgds,
TS
From India, Hyderabad
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