Dear All,
I have resigned from my current organization and would be joining my new employer in about two days.
I have also served the legally required notice period of 1 month. As I am handling an important project the company is not willing to relieve me but as they do not have an option they have decided to withhold my Salary and my Relieving Documents.
I have apprised my new employer about this and they are ready to wait for the relieving documents.
The wait seems indefinite.
Can anybody please advise me as to how to handle this situation? Shall I take any legal action or just wait for a month or two?
Thank You.
S Singh.
From India, Mumbai
I have resigned from my current organization and would be joining my new employer in about two days.
I have also served the legally required notice period of 1 month. As I am handling an important project the company is not willing to relieve me but as they do not have an option they have decided to withhold my Salary and my Relieving Documents.
I have apprised my new employer about this and they are ready to wait for the relieving documents.
The wait seems indefinite.
Can anybody please advise me as to how to handle this situation? Shall I take any legal action or just wait for a month or two?
Thank You.
S Singh.
From India, Mumbai
Dear Shailesh,
I think you should talk about this to the concerned person or the person close to you in the company where you have recently resigned and request him/her to relieve you. I can understand the situation, this is the common activity of nt providing relieving letters to some persons in most ofganisations. However you can try to request him/her personally and convince- this can be done in priority.
See, it is totally in their hands to provide you relieving letter. Is your new employer very strict in this case, if you wont provide him the letter will you have to leave the new job? If its so important then the only thing according to me is convincing that person, or you can dothis either side( may be your old employer or new one on the either side).
Give me some time to search about the task of Legal actions which you can take.
Regards,
Lata.
From India, Ahmadabad
I think you should talk about this to the concerned person or the person close to you in the company where you have recently resigned and request him/her to relieve you. I can understand the situation, this is the common activity of nt providing relieving letters to some persons in most ofganisations. However you can try to request him/her personally and convince- this can be done in priority.
See, it is totally in their hands to provide you relieving letter. Is your new employer very strict in this case, if you wont provide him the letter will you have to leave the new job? If its so important then the only thing according to me is convincing that person, or you can dothis either side( may be your old employer or new one on the either side).
Give me some time to search about the task of Legal actions which you can take.
Regards,
Lata.
From India, Ahmadabad
Dear Sailesh,
You should request your present company to issue you the release letter wherein they should mention the release date. This letter can be issued well in advance and a conditional clause is given wherein it is mentioned "subject to due clearance certificate (full and final clearance certificate)". The certificate can be obtained at the date of release. Even if they donot give you the certificate you can join with the release letter and unless your previous employer can prove that there is any financial dues, no action can be taken against you and it is deemed that you have been released from the services of the Company.
Witholding of Salary without any valid reason is illegal and unethical, you can initially use persuation and in case of no results you can go for legal options, but the only thing I would advise you is that first please determine if the legal option is worth your time and energy
Regards,
SC
From India, Thane
45You should request your present company to issue you the release letter wherein they should mention the release date. This letter can be issued well in advance and a conditional clause is given wherein it is mentioned "subject to due clearance certificate (full and final clearance certificate)". The certificate can be obtained at the date of release. Even if they donot give you the certificate you can join with the release letter and unless your previous employer can prove that there is any financial dues, no action can be taken against you and it is deemed that you have been released from the services of the Company.
Witholding of Salary without any valid reason is illegal and unethical, you can initially use persuation and in case of no results you can go for legal options, but the only thing I would advise you is that first please determine if the legal option is worth your time and energy
Regards,
SC
From India, Thane
Lata / Swastik many thanks for your replies.
I have tried my best to convince my current organization to issue me a relieving letter but they would not budge.
Fortunately, I have an acceptance letter of my resignation which I intend to submit to my new employer. Based on your advice, I have spoken to my new employer and they seem fine if my relieving letter is delayed for a longer period.
The problem now is would my current company ever give me the Relieving Letter.
Withholding my salary and documents is unethical by all means and the legal option is not going to help either.
It feels so helpless.....
Thanks once again.
Regards,
Shailesh.
From India, Mumbai
I have tried my best to convince my current organization to issue me a relieving letter but they would not budge.
Fortunately, I have an acceptance letter of my resignation which I intend to submit to my new employer. Based on your advice, I have spoken to my new employer and they seem fine if my relieving letter is delayed for a longer period.
The problem now is would my current company ever give me the Relieving Letter.
Withholding my salary and documents is unethical by all means and the legal option is not going to help either.
It feels so helpless.....
Thanks once again.
Regards,
Shailesh.
From India, Mumbai
Dear Sailesh,
Now, you should start sending letters followed by reminders 1,2,3..... and make up a case of written evidence. Just remember one thing no employer can withold release without any concrete reason and the reason should account for some kind of business loss only. So, once you start writing letters and the Company does not respond, you will have ample evidence to come out of any complications which may arise in future. Do mention your salary due amount in each letter.
Regards,
SC
From India, Thane
Now, you should start sending letters followed by reminders 1,2,3..... and make up a case of written evidence. Just remember one thing no employer can withold release without any concrete reason and the reason should account for some kind of business loss only. So, once you start writing letters and the Company does not respond, you will have ample evidence to come out of any complications which may arise in future. Do mention your salary due amount in each letter.
Regards,
SC
From India, Thane
Dear Shailesh,
I think Swastik is right, you should try that thing. Even the same problem was faced by me, i did many things but at the end no result came. You know this is reallly becoming common nowadays, many companies donot provide relieving letters, on the contrary they block the salary. First try bout your salary.
Don worry, and keep trying.
Thanks and regards,
Lata
From India, Ahmadabad
I think Swastik is right, you should try that thing. Even the same problem was faced by me, i did many things but at the end no result came. You know this is reallly becoming common nowadays, many companies donot provide relieving letters, on the contrary they block the salary. First try bout your salary.
Don worry, and keep trying.
Thanks and regards,
Lata
From India, Ahmadabad
Lata / Swastik,
My company says they would release the Salary and Documents after 2 months :-x. This certainly is not appropriate but for now I have decided to wait for a while.
I would start sending them letters after 2 months. Do you think waiting for this long to get everything would weaken my position?
Shall I start sending them letters after a month? I either case I would keep updating this thread.
Regards,
Shailesh.
From India, Mumbai
My company says they would release the Salary and Documents after 2 months :-x. This certainly is not appropriate but for now I have decided to wait for a while.
I would start sending them letters after 2 months. Do you think waiting for this long to get everything would weaken my position?
Shall I start sending them letters after a month? I either case I would keep updating this thread.
Regards,
Shailesh.
From India, Mumbai
Dear Shailesh,
That totally depends on your new employer's thinking/behaviour/nature, generally it should not affect your position according to me, we can hope for the best. If you are capable and best, your employer even wont say to bring those relieving letters, just try to impress your boss, i think it is the best key, show him ur great performance, work more efficiently.
Regards,
Lata
From India, Ahmadabad
That totally depends on your new employer's thinking/behaviour/nature, generally it should not affect your position according to me, we can hope for the best. If you are capable and best, your employer even wont say to bring those relieving letters, just try to impress your boss, i think it is the best key, show him ur great performance, work more efficiently.
Regards,
Lata
From India, Ahmadabad
Hi Everyone,
I wonder how come, you are more attached to your new employer, and not to the one who was taking care of all your requirements - SAlary, holidays, work, family... everything.
There are problems in every organization. And if any employee, is asked to stay to complete the work and then leave, so the employees are trying to take legal actions - how strange.
Speak to your HR, HOD or the TL, for that matter. Ask them, if they can get a replacement for that project on immediate effect. I they say no, then you should speak to your TL, for assigning any employee, who's working currently, be assigned that work. Did you do a knowledge transfer on the things that your working on. if not then how can anybody apart from you, take care of that work. And if yes, then discuss with your PM, about it. explain them your situation.
Current employers are not your enemies, but they are tied up, coz of some situation, which is also not in their hands, they had to take this step - may be.
At the same time, also convince your new employer to understand situation. If you're extremely good resource for them, and then will not hesitate to shift your joining date - and wait for you...
Think about it :)
Regards,
Geeta
Asst. Manager - HR
From India, Mumbai
I wonder how come, you are more attached to your new employer, and not to the one who was taking care of all your requirements - SAlary, holidays, work, family... everything.
There are problems in every organization. And if any employee, is asked to stay to complete the work and then leave, so the employees are trying to take legal actions - how strange.
Speak to your HR, HOD or the TL, for that matter. Ask them, if they can get a replacement for that project on immediate effect. I they say no, then you should speak to your TL, for assigning any employee, who's working currently, be assigned that work. Did you do a knowledge transfer on the things that your working on. if not then how can anybody apart from you, take care of that work. And if yes, then discuss with your PM, about it. explain them your situation.
Current employers are not your enemies, but they are tied up, coz of some situation, which is also not in their hands, they had to take this step - may be.
At the same time, also convince your new employer to understand situation. If you're extremely good resource for them, and then will not hesitate to shift your joining date - and wait for you...
Think about it :)
Regards,
Geeta
Asst. Manager - HR
From India, Mumbai
Dear Shailesh,
as per my thinking you should ask for a written commitment from your current employer, in case he is not able to provide you the same then you can mail the summary of discussion related to your relieving letter and salary details and mark a cc to you new employer. In case you dont receive any response in the same regard concerned with the finalized date of releasing the salary and relieving date then you again forward the same mail as a reminder requesting to revert with inputs.
Once the verbally committed date is expired then you can mail them a registered letter with attached copy of all mail communication done for the subject for reference.
I do believe that you being among the most important resources of your current employer, it will be a great loss for them..
Also I do believe that this will work out..
Regards,
Nitin Jagdale
Manager Human Resources
From India, Pune
as per my thinking you should ask for a written commitment from your current employer, in case he is not able to provide you the same then you can mail the summary of discussion related to your relieving letter and salary details and mark a cc to you new employer. In case you dont receive any response in the same regard concerned with the finalized date of releasing the salary and relieving date then you again forward the same mail as a reminder requesting to revert with inputs.
Once the verbally committed date is expired then you can mail them a registered letter with attached copy of all mail communication done for the subject for reference.
I do believe that you being among the most important resources of your current employer, it will be a great loss for them..
Also I do believe that this will work out..
Regards,
Nitin Jagdale
Manager Human Resources
From India, Pune
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