Assume: Current company = X, New company = Y, New company in future(after Y) = Z
I have resigned from my current company X and they are by any means not ready to negotiate the notice period of 2 months. And the new company Y cannot wait for me more that 1 month. I resigned on 25-April-2011 and my notice period ends on 25-June-2011. Whereas new company has given me the joining date of 25-May-2011. New company does not need relieving/experience letter from my current company, but i feel its better to get relieving letter from current company. I told current company that i will server notice period of 1 month and for other month i will give telephonic support to the team members as and when needed. But in actual i will be joining new company on 6th June 2011 and physically working in new comp only.
My question is: At the end i will have relieving letter from current company, dated - 25-June-2011, and Appointment letter of new company dated - 25-May-2011. That is there will be an overlap of around 1 month. So in future when i get offer from some other company Z, can i explain them this scenario? Will they believe/accept it?
Note: I have already tried all the ways to convince both Current X and New Y Company for reducing notice period or extending joining date respectively, but nothing worked, all in vain! So please advice accordingly.
I really seek valuable thoughts/advice on this.
From India, Mumbai
I have resigned from my current company X and they are by any means not ready to negotiate the notice period of 2 months. And the new company Y cannot wait for me more that 1 month. I resigned on 25-April-2011 and my notice period ends on 25-June-2011. Whereas new company has given me the joining date of 25-May-2011. New company does not need relieving/experience letter from my current company, but i feel its better to get relieving letter from current company. I told current company that i will server notice period of 1 month and for other month i will give telephonic support to the team members as and when needed. But in actual i will be joining new company on 6th June 2011 and physically working in new comp only.
My question is: At the end i will have relieving letter from current company, dated - 25-June-2011, and Appointment letter of new company dated - 25-May-2011. That is there will be an overlap of around 1 month. So in future when i get offer from some other company Z, can i explain them this scenario? Will they believe/accept it?
Note: I have already tried all the ways to convince both Current X and New Y Company for reducing notice period or extending joining date respectively, but nothing worked, all in vain! So please advice accordingly.
I really seek valuable thoughts/advice on this.
From India, Mumbai
Hi N.P.V,
I think there is some confusion, if you are ready to support them through telephone and internet, then why would they not relieve you on 25th May or may be 5th of June????
When you wont be physically going to the company they cannot show you present everyday, so the date of relieving should be the last working day with the company...
Talk it out with them for better clarity....as if you would be working in the new company for a month and there is a month of overlapping you can get in trouble for working in two companies simultaneously.
Just do not do that, it is like calling for trouble for yourself...
You can provide support through phone and internet, but you should get relieved earlier.
From India, Delhi
113I think there is some confusion, if you are ready to support them through telephone and internet, then why would they not relieve you on 25th May or may be 5th of June????
When you wont be physically going to the company they cannot show you present everyday, so the date of relieving should be the last working day with the company...
Talk it out with them for better clarity....as if you would be working in the new company for a month and there is a month of overlapping you can get in trouble for working in two companies simultaneously.
Just do not do that, it is like calling for trouble for yourself...
You can provide support through phone and internet, but you should get relieved earlier.
From India, Delhi
Hi,
The selection of two option at a time is a big task for you. This will create you confusion from work configuration & better accessibility.
For releasing before one month you should need to contact your employer/ HR / HOD and request to waive off your rest 1 month notice period. If your employer wish so then confusion will get end.
Your work experience certificate, relieving letter is necessary for your future career aspect. If Y company not needing your experience related document is good but if further if you will go to join Z company may need such document then what would you do. Sometimes for relieving prior of notice period employer want to get/pay such total month salary.
The first option is better if you capable to influence your employer politely. Today the employer not want to wait more for join/assign the tasks to newly selected person.
Thanks & Best Regards:
From India, Hyderabad
The selection of two option at a time is a big task for you. This will create you confusion from work configuration & better accessibility.
For releasing before one month you should need to contact your employer/ HR / HOD and request to waive off your rest 1 month notice period. If your employer wish so then confusion will get end.
Your work experience certificate, relieving letter is necessary for your future career aspect. If Y company not needing your experience related document is good but if further if you will go to join Z company may need such document then what would you do. Sometimes for relieving prior of notice period employer want to get/pay such total month salary.
The first option is better if you capable to influence your employer politely. Today the employer not want to wait more for join/assign the tasks to newly selected person.
Thanks & Best Regards:
From India, Hyderabad
Thanks to both of you.
NOTE: I do not work in the company X, i work on their payroll, they have outsourced me meaning that i work on-site at client company. I will provide telephonic support (not whole day, sometime in the evening) to the client, client will not utter a word about it and thus company X will not be aware of that. I have already tried all the ways to convince both Current X and New Y Company for reducing notice period or extending joining date respectively, but nothing worked, all in vain!
@Archna: You said, "there is a month of overlapping you can get in trouble for working in two companies simultaneously". Is it only if either company X or Y comes to know about it? Will there still be trouble if none of them ever come to know about it?
@Vikas: As i said earlier, i have already all the ways, seems like company X just wants to harass me. I even asked them for buy-out of notice period but no luck.
When in future i go to company Z, i will produce overlapping dated letter and explain what the issue was, will they accept?
Please help! Is it possible for new employer to give a appointment letter of later date because new employer is already aware of the above issue? So that i will not have overlap.
From India, Mumbai
NOTE: I do not work in the company X, i work on their payroll, they have outsourced me meaning that i work on-site at client company. I will provide telephonic support (not whole day, sometime in the evening) to the client, client will not utter a word about it and thus company X will not be aware of that. I have already tried all the ways to convince both Current X and New Y Company for reducing notice period or extending joining date respectively, but nothing worked, all in vain!
@Archna: You said, "there is a month of overlapping you can get in trouble for working in two companies simultaneously". Is it only if either company X or Y comes to know about it? Will there still be trouble if none of them ever come to know about it?
@Vikas: As i said earlier, i have already all the ways, seems like company X just wants to harass me. I even asked them for buy-out of notice period but no luck.
When in future i go to company Z, i will produce overlapping dated letter and explain what the issue was, will they accept?
Please help! Is it possible for new employer to give a appointment letter of later date because new employer is already aware of the above issue? So that i will not have overlap.
From India, Mumbai
- You are asking a very simple question in a bit complicated way.
- Few questions : will your new employer allow you to join without producing relieving letter at the time of joining ? Is your new employer aware of the fact that, you are not relieved yet by your last employer, and you are supposed to offer telephonic support to them while working with new employer ? Is your last employer aware of the fact that though you have committed to offer telephonic support, you are actually joining new employer ?
- I feel under the circumstances, you should keep informed all the concerned in writing about your employment status to avoid any kind of complications. All concerned includes HOD, Reporting Manager, HR Manager and Recruiter at both the companies.
From India, Pune
@vkokamthankar - no none of them, current or new, know that i will be joining new company or providing telephonic support to prev one, respectively. In fact i can not do that.
A friend of mine suggested that its better not to have relieving letter rather than doing such overlap things.
As nothing is working out, can i prove my experience in company using Offer Letter, Appointment Letter, Salary Slips, Copy of resignation email / letter, at some point of time in future instead of putting myself in some fraudulent acts.
From India, Mumbai
A friend of mine suggested that its better not to have relieving letter rather than doing such overlap things.
As nothing is working out, can i prove my experience in company using Offer Letter, Appointment Letter, Salary Slips, Copy of resignation email / letter, at some point of time in future instead of putting myself in some fraudulent acts.
From India, Mumbai
My dear n.p.v.
I think you are imagining yourself of getting caught in the legal and HR tangles; and it also appears that you re not an HR person.
Ask yourself; or try to find out the answers to the following questions :
1. What is the purpose of relieving letter ??
2. If a person leaves a job; say in the month of January; and goes to another city or native place; starts a business of his own; comes back to the city in the month of July and goes to the company to get his relieving letter.
(a) will the company give him his relieving letter or not ??
(b) the company may declare him "absconding" or they may issue a termination letter subsequently; but will they issue him a reliving letter or not ??
Alternatively, the person may not be bothered even to take his relieving letter. So what would be the implications for him ??
3. To what extent does the absence of any relieving letter tie a person to a job ?? For example; if a company does not have the practice of issuing relieving letter; does it mean that an employee who has left the company years ago; can be CONSIDERED TO BE WORKING IN PERPETUITY (forever) ??
I think it is time that the myth of relieving letter needs to be busted by progressive, humanitarian, intellectual HR professionals; although it might amount to a little bit of HR power being stripped off.
Warm regards.
From India, Delhi
I think you are imagining yourself of getting caught in the legal and HR tangles; and it also appears that you re not an HR person.
Ask yourself; or try to find out the answers to the following questions :
1. What is the purpose of relieving letter ??
2. If a person leaves a job; say in the month of January; and goes to another city or native place; starts a business of his own; comes back to the city in the month of July and goes to the company to get his relieving letter.
(a) will the company give him his relieving letter or not ??
(b) the company may declare him "absconding" or they may issue a termination letter subsequently; but will they issue him a reliving letter or not ??
Alternatively, the person may not be bothered even to take his relieving letter. So what would be the implications for him ??
3. To what extent does the absence of any relieving letter tie a person to a job ?? For example; if a company does not have the practice of issuing relieving letter; does it mean that an employee who has left the company years ago; can be CONSIDERED TO BE WORKING IN PERPETUITY (forever) ??
I think it is time that the myth of relieving letter needs to be busted by progressive, humanitarian, intellectual HR professionals; although it might amount to a little bit of HR power being stripped off.
Warm regards.
From India, Delhi
Mr. N. P. V.
From India, Pune
- I do not understand why are you taking such a undue risk ? Be open and transparent and tell and share facts with both your employers.
- I do not think you will get a relieving letter from your employer since you are abandoning them and joining new employer and I am not sure whether new employer will allow you to join their services without producing relieving letter from the previous employer.
- There is no ethical and professional solution to your problem.
From India, Pune
@Raj - Thanks
@vkokamthankar - New employer does not need relieving letter from current company.
Lastly i want to ask you about legal things:
My employee agreement (NOT BOND) states-
"In case employee wishes to resign he/she will have to serve notice period of 2 months. Failing which he/she will be liable to pay 2 month's salary in lieu of notice period. Company at its own discretion may reduce or waive notice period"
But they are not doing any of that, neither reducing NP nor allowing me to pay for it. If i leave company on the last working day as stated in my resignation. At the worst what legal actions can company take?
From India, Mumbai
@vkokamthankar - New employer does not need relieving letter from current company.
Lastly i want to ask you about legal things:
My employee agreement (NOT BOND) states-
"In case employee wishes to resign he/she will have to serve notice period of 2 months. Failing which he/she will be liable to pay 2 month's salary in lieu of notice period. Company at its own discretion may reduce or waive notice period"
But they are not doing any of that, neither reducing NP nor allowing me to pay for it. If i leave company on the last working day as stated in my resignation. At the worst what legal actions can company take?
From India, Mumbai
Possible actions from employer:
From India, Pune
- No relieving letter or service certificate now as well as in future.
- Employer may terminate your services for abandoning absconding from duty.
- Employer will hold back/ not settle your dues.
- Employer may write to your current employer informing that, you are not relieved by them and you should not be allowed to join them unless relieving formalities are completed.
- Employer may give negative feedback in case of employment and background verification. Which can create serious problems, now as well as in future.
- If blacklisted you can not join them back in future.
- You can be blacklisted on NASCOM database.
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Relieving Clearance form.doc
Joining formality.zip