Rajesh_R
I am worked with a propritoryship IT company for 4 yrs. I didnt get any benefits from the company. I am ver loyal to them and worked very sincere. Now, i m looking for advance of my career. I got some good offer from MNC company. so, i decided to put my resignation to my current company. I had put my resignation on 15th of jan saying that i m looking forward to my career development like. But, my current company was not accepting my resgination and they are saying they need 4 months time for my replacement. As per my company policy notice period of 30 days. i already serving them the full notice period. still they r holding me for unnecessary reasons. Kindly help me for futher procudures.
From India, Mumbai
sandyk857
20

Hi rajesh,
I gone through with ur query & according to me if it has mentioned in ur Appointment Letter that 30 days notice period Atleast they want.So they cannot bind u anyways you can discuss this same thing with ur head HR & even aft that they are not accepting your resignation.So u can take a legal action against your company.............................

From India, Thana
Rajesh_R
Thank you very much, I have query, if we legal go for asking the reliving letter, is there any chance to creating issues on me that he is not done the work proper and he is not capable even to work with any coompany like. Is there any chance they can create a bad impression abt me to my future company. Suppose, if i filed a case legally then how long the time it will take. becoz my future company will not wait for such a long time right.
If a filed a case against my current company, is there any chance in the future it will affect my career or something. Kindly help for this. I really frustated becoz of this things. I m very soft person that is why they are treating me like this.
Kindly help me for the same. I notice period is on 14th Feb 2011. What i hv to do futher. Kindly help anyone to come of this situation.

From India, Mumbai
Shriya Rawat
Dear Rajesh,

I would suggest that you should speak to your future company and tell them the whole scenerio. Also tell them that it would be dificult for you to get a relieving letter from your current company. Being in HR dept myself we also get such employees and we consider their request and take their previous co's appointment letter, salary slip, & copy of resignation as a proof of their previous employment. I am sure your future company will also understand. I strongly recommend you to join the new company on the date mentioned in your offer letter and after joining new company try to pursuade your current company to give you relieving letter. They are just trying to build pressure on you so that you drop the idea of joining the new company.

I would like to cite an example to you. My real brother was also working with a company for last 3.5 years and few months back he got offer from a very good MNC with good paypackage & working environment. As per the his appointment letter he was suppose to serve the notice period of 15 days. When he gave his resignation letter the HoD said that they will not provide him relieving letter, his last months salary , due bonus until & unless he services atleast 2 months notice. He was unable to do so since he was suppose to join the new company in 20 days.

He was very upset and confused I gave him the same suggestion and he joined the company. During his notice period he did not take any leave and honestly completed all his ongoing task. He was a very sincere employee and this even his HoD knew. Ater joining the new company he met his previous HoD and the HoD released his salary, bonus and relieving letter as he knew he was honest during his stay with company and now he cannot do anything as he has already left.

I am sure the same will happen to you as well. Wishing you best of luck for your future endeavours.

From India, New Delhi
Rajesh_R
Thank you very much Shriya, I talked to the HR of my future company they are asking me only my resignation acceptance mail from my current. But my current is not ready to give anything. They are put me on hold to stay for another 3 months. Ok, I again talk to my future company HR. Lets c how things to move.
Thank you very much, its really feel gud i am getting such nice advice and responses.
Rgds,
Rajesh

From India, Mumbai
Yaasmin
49

Dear Rajesh,
Shriya has given you the right suggestion, I agree with her, in addition to that please bear in mind that your existing company is affraid of losing you and they want you to train the new joinee.
But you tackle this situation diplomatically i.e without hurting existing company and without losing futre job.
You serve your notice period and by that time you make them understand that you do not wish to leave this present opportunity - it will help to grow you and will help in financial for your family.
Try to make them understand your wish, desire and need to join new company and assure them that you will co operate with them in future as and when required after your new job hrs.

From India, Mumbai
Rajesh_R
I really dont want to go with a hard feeling with my current company. I had given my resignation on 15th jan. Currently i m giving my notice period upto 14th feb 2011, as per company policy notice period, but the thing is they [current company] still not taking any replacement for my place. Even my notice period is going. They are assigning works and doing the same.
I m going to talk to my MD regarding my replacement by today. Suppose, they are not taking any decision then what i should do. Whether i should go legally or should joined to my future company but thy need acceptance email from my current company. So, my situation is worst. Actually i never face such a situation before.
Guideness please. yasmin

From India, Mumbai
Yaasmin
49

whats your appointment letter or offer letter speaking ? if its is one month than no matter to leave after completion of notice period.
The future company is asking for acceptance because your current company may take legal action agaisnt your future company (usually does not happen but they can) or may hold ur pay and other commercials.
Talk to ur MD and stress on my words mentioned above
Try to make them understand your wish, desire and need to join new company and assure them that you will co operate with them in future as and when required after your new job hrs.
Taking legal action against any company is not advisable but let see if ur MD co operates. and also the question arises that (Will taking legal action for your present company will assure your future job or the position).
Be diplomatic with both and lose patience, take in vein to convince ur present company.

From India, Mumbai
margerate_ruth
8

Mr. Rajesh

my suggestion is, u have said that they dint provide any benefits to u, u go through that check in PF, EISC, Bouns, Increment leave compensation and all the benefits in your service which ever the company has to provide according to the govt, u can find flaw in that if it is not clear u can go legally,

dont take any haste decision like joining in the new company without reliving letter coz they (new company)may accpet u but later on they may force u to bring the letter which the ex-employer may not give, that situation will be even worse

think and take action, u should be diplomatic dont leave the current job until and unless they relive u,

if the above thing (benefits)is clear and no mistake with the employer then u have to act negatively like by your behaviour force the employer to give the relieving letter.

no need to think that the new employer will get the bad impression on behaivour if u are confident on your work and attitude then no one can stop u and even dare to blame u

Regards,

Ruth

From India, Kochi
Rajesh_R
.



Hi yasmin, Yesterday i talk to my manager regarding my acceptance of my resignation and my reliving date. He said i need 3 months time to ur replacement. I said it is not possible, as per company's notice policy is of one month, i m ready to one month notice and already i m serving that. But he refused that resource is not there we need to train the person to work with the client location this and that he is saying.



Actually i m working with my client location, so he says we have to train the person and then we wil confirm ur relving like that he says. I said, if u want i ready to serve another 15 days that is end of feb too. Even that he is not ready to accept this. Today, i took a decision to directly talk to my MD, she is very rudely talk to me saying that i m not like to discuss further regarding this. She is not even see my face and harshly saying i dont want to discuss futher in any case like that she answered.



The same thing i conveyed to my future company saying that my current company is not accepting my resignation and not giving me reliving. Even i conveyed him the today's incident. He [HR future company] is saying i understand ur situation but it is very important that we need atleast ur company's acceptance mail stating ur reliving like that.



I am really more frustated becoz of this. Its really very different experience for me, becoz it is my first company and i served 4 yrs in this. I am very much sincere and very loyal to them, but while i m leaving the company they treat me like this.



Below is the one i have sent to my MD as my first mail.



"Please accept this as formal notice of my resignation from the position of YYY from XXX, with effect from today (15th January, 2011).



In accordance with the employment policy of the company, I will be serving the total notice period of 30 days and will be happy to continue to work until 14th February 2011. I hope that the one month's notice period would be sufficient for you to find a replacement for my position.



This decision has not been an easy one. However, after much contemplation, I decided that a new company would prove to be beneficial for my career".



after i got a reply from MD.



"We do not accept your resignation. Kindly meet me"



After meeting they said we are not goin to reliving on 14th feb and we need 4 months time for ur replacement.again i sent a mail



"Kindly accept my resignation. I had taken this hard decision of my resignation not only advance of my career but also for my family’s better prospects. I have more responsibility of my family.



So, kindly accept my resignation and relieve me as per employment policy of the company notice of one month."



for the above mail they didnt reply anything for a week. Then again i sent another mail



"Kindly request you to please advice about the replacement of my position at the earliest so as to give the training completely before I leave on 14th Feb 2011 as per the company’s policy of notice period of one month.

Awaiting for your kind reply"



after that i got a reply from my manager are mentioned below:



"We had done internal discussion and we would do the discussion with you tomorrow when I and XX would be there in XXX.



We would like to inform you on the outer side that you would not get released on 14th in any case. We request you to keep this in mind when we do the discussion tomorrow."



this is on yesterday last discussion saying that thy need atleast march 31st end time for my reliving. So, I went today to disuss with my MD regarding this she treated me very badly and very harsh.not ready to discuss with me.



Now tell me wht is the solution and wht should i do further.



Kindly help me.

Help me for the situation. I really frustrated, my notice period also going to be complete. My future company also asking for the acceptance mail from my current company.

I need advice and if any possible to move legally. if so, it will affect my career in future.

From India, Mumbai
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