Hello members
I'll be joining a firm after 3 years of recruitment(due to recession they didn't called freshers) as a fresher. My problem is that I was working with a Telecom firm on payroll of some other staff leasing company. Since my new would be employer didn't gave me much time to serve one month notice period, I left the firm without giving notice as it is clearly mentioned in my contract that the employee can leave the company with "notice of 30days or salary in lieu thereof". Now my the staff leasing company on whose payroll I was is not ready to relieve since my manager is not accepting my resignation. He's(manager) not replying to my mail that why he cannot relieve me since that would be illegal. He's states me verbally that i'll have to serve one month notice in order to get relieving. Is this going to create a problem for me as my new employer has mentioned copy of relieving letter in the list of documents required at the time of joining. Or I can explain this to my new employer.
Also, please let me the know how can I take legal action against them.
P.S: I have also sent several mails to my manager with HR's and TL's in CC but haven't received any reply from them.
Thanks
Rahul
From India, Delhi
I'll be joining a firm after 3 years of recruitment(due to recession they didn't called freshers) as a fresher. My problem is that I was working with a Telecom firm on payroll of some other staff leasing company. Since my new would be employer didn't gave me much time to serve one month notice period, I left the firm without giving notice as it is clearly mentioned in my contract that the employee can leave the company with "notice of 30days or salary in lieu thereof". Now my the staff leasing company on whose payroll I was is not ready to relieve since my manager is not accepting my resignation. He's(manager) not replying to my mail that why he cannot relieve me since that would be illegal. He's states me verbally that i'll have to serve one month notice in order to get relieving. Is this going to create a problem for me as my new employer has mentioned copy of relieving letter in the list of documents required at the time of joining. Or I can explain this to my new employer.
Also, please let me the know how can I take legal action against them.
P.S: I have also sent several mails to my manager with HR's and TL's in CC but haven't received any reply from them.
Thanks
Rahul
From India, Delhi
Dear Rahul,
In your case you can mail up the upper level of manager or the management in regards to this. Again if you had send a mail or anything in regards to your resignation, do send the copies to your personal mail. Herein after do mark a bcc to your personal mail.
Then have a word with your upper management and do have the copies of all the communication on regards to your resignation. It would again be better if you can inform the new employer about the situation.
From India, Bangalore
477In your case you can mail up the upper level of manager or the management in regards to this. Again if you had send a mail or anything in regards to your resignation, do send the copies to your personal mail. Herein after do mark a bcc to your personal mail.
Then have a word with your upper management and do have the copies of all the communication on regards to your resignation. It would again be better if you can inform the new employer about the situation.
From India, Bangalore
Rahul
given to understand that you have already discontinued your services with your erstwhile employer.
As per the contract one months' notice is mandatory, you say,
hence there arsies no question of the leaving of services being illegal as you are ready to lose one months' notice pay
you consult a good local lawyer and ask him to address a legal notice avering the very facts and call upon your erstwhile emplyer to relieve you or face the consequences with the administrative tribunal ( in case your monthly salary exceeded rs. 15,000)
should u have further problems, you can always get back to me for all possible help
thanks and regards
From India, Karwar
given to understand that you have already discontinued your services with your erstwhile employer.
As per the contract one months' notice is mandatory, you say,
hence there arsies no question of the leaving of services being illegal as you are ready to lose one months' notice pay
you consult a good local lawyer and ask him to address a legal notice avering the very facts and call upon your erstwhile emplyer to relieve you or face the consequences with the administrative tribunal ( in case your monthly salary exceeded rs. 15,000)
should u have further problems, you can always get back to me for all possible help
thanks and regards
From India, Karwar
Thanks Mahr and Prasiddh
Prasiddh, actually I meant to say that my manager would not write the stuff which he's telling me on phone - that "I'll have to work for one month and salary in lieu of notice option doesn't suits me". These were the exact wordings of my manager. I told him write all this stuff thru mail but hasn't replied till now because he knows he's not right and he's just trying to harass me.
Can you please let me know what proof I can show to my new employer whom I would be joining within 5 days that my case is genuine?
From India, Delhi
Prasiddh, actually I meant to say that my manager would not write the stuff which he's telling me on phone - that "I'll have to work for one month and salary in lieu of notice option doesn't suits me". These were the exact wordings of my manager. I told him write all this stuff thru mail but hasn't replied till now because he knows he's not right and he's just trying to harass me.
Can you please let me know what proof I can show to my new employer whom I would be joining within 5 days that my case is genuine?
From India, Delhi
Hi Rahul,
Showing a proof to your new employer that you have resigned will be enough. They will hire you.You can forward the resignation mail to your new employer or if it's a hard copy,show your new employer the same.
Here, you should not only think for temporary solution,i.e.showing your new employer that your case is genuine.
Try to get your relieving letter from your current organization.If you join any CMM level/Ltd. company, all these documents will be required.Think on long term basis.
Thanks,
Munmun.
From India, Pune
Showing a proof to your new employer that you have resigned will be enough. They will hire you.You can forward the resignation mail to your new employer or if it's a hard copy,show your new employer the same.
Here, you should not only think for temporary solution,i.e.showing your new employer that your case is genuine.
Try to get your relieving letter from your current organization.If you join any CMM level/Ltd. company, all these documents will be required.Think on long term basis.
Thanks,
Munmun.
From India, Pune
Dear rahul,
You are worrying very much. I think your concern is How you will face new employer and how they will take this situation if they came to Know ?
Please do t worry . Mail which you have marked to your previous manager forward this to new company and take print out of these e-mail when you join.
Also, please explain the complete situation at the time of joining , mostly employees on third party payroll faces these problems .
Forget the pas company. nothing going to happen and please do not get into legal hassles as you have not served notice and it is clause in company letter which you have signed. It may Also effect on your new employer too.
I am 100 % if you going to submit your resignation which on e-mail new employer gonna accept that.
best Regards
Deepshikha Balwani
Manager-HR
IMPETUS
From India, New Delhi
You are worrying very much. I think your concern is How you will face new employer and how they will take this situation if they came to Know ?
Please do t worry . Mail which you have marked to your previous manager forward this to new company and take print out of these e-mail when you join.
Also, please explain the complete situation at the time of joining , mostly employees on third party payroll faces these problems .
Forget the pas company. nothing going to happen and please do not get into legal hassles as you have not served notice and it is clause in company letter which you have signed. It may Also effect on your new employer too.
I am 100 % if you going to submit your resignation which on e-mail new employer gonna accept that.
best Regards
Deepshikha Balwani
Manager-HR
IMPETUS
From India, New Delhi
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Resignation cum relieving letter.doc