Hello,
I work(ed) for an Indian IT Firm. My company has a notice period of 1 month. I resigned and requested for an early release and was ready for submitting one months pay in-lieu of 30 days notice. I also tried hard to negotiate for early release which did not go fine. I had informed them a date after which I could not continue. When that date arrived I informed them that I would not be in office from next day and I stopped going to office.
Now I am not being given the relieving letter/resignation acceptance letter.
I would like to know what options I have.
Thanks
From India, Pune
I work(ed) for an Indian IT Firm. My company has a notice period of 1 month. I resigned and requested for an early release and was ready for submitting one months pay in-lieu of 30 days notice. I also tried hard to negotiate for early release which did not go fine. I had informed them a date after which I could not continue. When that date arrived I informed them that I would not be in office from next day and I stopped going to office.
Now I am not being given the relieving letter/resignation acceptance letter.
I would like to know what options I have.
Thanks
From India, Pune
I presume you had resigned to join another organization in India? If yes, did you tell them (during your interview) that you were required to give your current organization one month's notice, but yet they insisted on your joining earlY? If that is the case, your new employer should accept an undertaking signed by you, stating that your previous organization did not issue you a relieving letter, and that you had cleared all your financial dues before leaving the said organization, had surrendered all the property belonging to the previous organization (indlucind identity card and swipe card), and you will be personally responsible for any action initiated by the company for non-clearance, should one be initiated on a later date. Also write an email to the previous employer, stating that you had given your notice of intention on so-and-so date, and was prepared to pay for deficiency in notice period as stated in your original appointment letter (I guess it states so?), and that you are/were not in a position to continue beyond the stated date, that you had cleared all the known dues and had surrendered all the property, and that you had handed over your duties to XYZ (Hope you have done that) etc., and request them to issue you a relieving letter and send it to your postal address. Also state therein that you are prepared to go to them for couple of hours on any day mutually convenient to clear pending issues, if any. This should absolve you of any responsiblity on account of lack of a formal relieving letter, and a copy of this can be given to the HR department of your new employer as well.
Please let the forum know if your original appointment letter from the former employer contains any restrictive clauses regarding shortfall in notice period, except for cash payment in lieu, so that the seniors can offer their opinion regarding the same.
From India, Mumbai
3Please let the forum know if your original appointment letter from the former employer contains any restrictive clauses regarding shortfall in notice period, except for cash payment in lieu, so that the seniors can offer their opinion regarding the same.
From India, Mumbai
hi,
i have submitted resignation to my employer on 27th dec and requested him to release by 7th january 2008. My appointment letter mentions that"your services may be terminated by giving one month notice by either side".
My employer is not eager to release me and i do not want to continue anymore.
I require a release letter for submission to the new employer.
Please advice.
From India, New Delhi
i have submitted resignation to my employer on 27th dec and requested him to release by 7th january 2008. My appointment letter mentions that"your services may be terminated by giving one month notice by either side".
My employer is not eager to release me and i do not want to continue anymore.
I require a release letter for submission to the new employer.
Please advice.
From India, New Delhi
Dear friends,
I have been asked to solve this problem by one of my friend. He is in this Company and wants to leave. Their Company has a very high Employee turnover because the reporting boss, who incidentally happens to be the Jt. MD of the Company is a tough lady and no body can gel with her, or to put it in other words, she misbehaves with all and find no one appropriate. This friend is with the company for over 13 yrs. and has been doing very well looking after the entire Western zone. Now lately for a year or two, there is an ego clash with this Jt.MD whom nobody can question. So my friends has finally put in his papers. My friend is worried, i) whether he will get a release or not because all the people who have left the organisation in the past have not got a release from the Company. ii) This enables them to not pay the Gratuity dues which they have done with at least 3-4 employees who had more than 7-8 yrs. experience with them.
How can such organisation be taught a lesson ? How long can they play with an individuals future ? I was really shocked to hear this.
Please revert.
Ann M
From India, Mumbai
I have been asked to solve this problem by one of my friend. He is in this Company and wants to leave. Their Company has a very high Employee turnover because the reporting boss, who incidentally happens to be the Jt. MD of the Company is a tough lady and no body can gel with her, or to put it in other words, she misbehaves with all and find no one appropriate. This friend is with the company for over 13 yrs. and has been doing very well looking after the entire Western zone. Now lately for a year or two, there is an ego clash with this Jt.MD whom nobody can question. So my friends has finally put in his papers. My friend is worried, i) whether he will get a release or not because all the people who have left the organisation in the past have not got a release from the Company. ii) This enables them to not pay the Gratuity dues which they have done with at least 3-4 employees who had more than 7-8 yrs. experience with them.
How can such organisation be taught a lesson ? How long can they play with an individuals future ? I was really shocked to hear this.
Please revert.
Ann M
From India, Mumbai
i think you must convey to your present employer about the situation. they may allow you for joining after verifying the Resignation to previous company. or you may fax again resignation quoting old references to the previous company as a record for Non employment with the previous company.
shiv
From India, Ahmadabad
shiv
From India, Ahmadabad
Dear Ann
Gratuity is statutory right of an individual if he/she works for more than 5 years for the same organisation. The payment of it is not depends on the whims of any egoistic lady. So far reliveing notice is concerned better give a legal notice in the name of that lady.
Regards
From India, Vadodara
Gratuity is statutory right of an individual if he/she works for more than 5 years for the same organisation. The payment of it is not depends on the whims of any egoistic lady. So far reliveing notice is concerned better give a legal notice in the name of that lady.
Regards
From India, Vadodara
Hi,
it is very clear that you have served a notice period of one month in your previous organisation. I am really astonished to hear that after serving a notice period of one month, your employer is not relieving you.They are violating the rules of the company and more over you can put forward the issue in front of the higher management and can pressurise them to get your documents at the earliest.
mean while you can explain the situation to your present employer and can give an undertaking stating the problems regaring your releaving letter. I am sure that this way you can continue in your present job with out any problem and mean while you can force your previous company to get the documents prepared.
Thanks,
kiran
From India, Hyderabad
it is very clear that you have served a notice period of one month in your previous organisation. I am really astonished to hear that after serving a notice period of one month, your employer is not relieving you.They are violating the rules of the company and more over you can put forward the issue in front of the higher management and can pressurise them to get your documents at the earliest.
mean while you can explain the situation to your present employer and can give an undertaking stating the problems regaring your releaving letter. I am sure that this way you can continue in your present job with out any problem and mean while you can force your previous company to get the documents prepared.
Thanks,
kiran
From India, Hyderabad
Hi i had worked with IGSL bpo in gurgaon and recieved the relieving letter which i lost in road snatching. i want my original relieving letter again from the company and the HR is saying we can give only the duplicate not the original. plz guide me the right path
From India, Faridabad
From India, Faridabad
Hi Ann M,
This is in response to the issue that you have raised on relieving. I understand your agony and our desire to take out on the organisation. Don't worry, in every conflict, the cost has to be borne by someone. If the Jt. MD is so powerful and is so whimsical, the organisation is doomed to be destroyed in any case. You don't have to do anything. Simply watch as it crumbles or till she is removed. Either one may happen sooner than you think.
Now coming to your questions:
1. If there is a deepest of suspicions that the relieving letter will not be given, ask your friend to send a copy by e-mail from her private mail-id and save it carefully both in hardcopy as well as softcopy. If this is not adequate, send a copy of the resigation by speed post for the record. Later the company may usually adopt a tactic that there was no resignation in the first place and that the employee had deserted the job. This is as despicable as it can get. However, sometimes, there are people like this. Once the resignation has been tendered on record and due notice is given, you can then demand for relief and will be justifiable in precipitating the issue.
2. Regarding Gratuity, under the circumstances you have mentioned, the law is clear. The Joint MD how so ever powerful she may be, she is not above law and therefore you need not worry at all. Gratuity is guaranteed under law. The company cannot either deny or attach it even against notice period dues.
3. Please ask your friend to have the records right as evidence. Application for gratuity if any in that organisation, may also be filled and properly submitted and a mail that this has been complied with can be sent from a personal mail-ID.
Hope you will succeed. Best of luck.
EIRVALSA
From India, Madras
This is in response to the issue that you have raised on relieving. I understand your agony and our desire to take out on the organisation. Don't worry, in every conflict, the cost has to be borne by someone. If the Jt. MD is so powerful and is so whimsical, the organisation is doomed to be destroyed in any case. You don't have to do anything. Simply watch as it crumbles or till she is removed. Either one may happen sooner than you think.
Now coming to your questions:
1. If there is a deepest of suspicions that the relieving letter will not be given, ask your friend to send a copy by e-mail from her private mail-id and save it carefully both in hardcopy as well as softcopy. If this is not adequate, send a copy of the resigation by speed post for the record. Later the company may usually adopt a tactic that there was no resignation in the first place and that the employee had deserted the job. This is as despicable as it can get. However, sometimes, there are people like this. Once the resignation has been tendered on record and due notice is given, you can then demand for relief and will be justifiable in precipitating the issue.
2. Regarding Gratuity, under the circumstances you have mentioned, the law is clear. The Joint MD how so ever powerful she may be, she is not above law and therefore you need not worry at all. Gratuity is guaranteed under law. The company cannot either deny or attach it even against notice period dues.
3. Please ask your friend to have the records right as evidence. Application for gratuity if any in that organisation, may also be filled and properly submitted and a mail that this has been complied with can be sent from a personal mail-ID.
Hope you will succeed. Best of luck.
EIRVALSA
From India, Madras
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