Recently I resigned from my previous employer. This is one of the worst company, they lacks professionalism and corporate culture. Their staffs are also dumb. So, I decided to resigned from this company and got another opportunity in next company. Now as I said they don’t have as such processes, I asked them to relieve in 3 days, however they have 1 months of notice period. They drop a mail regarding of resignation and my last working day which was 31st –Aug-2016 with. Management was ready to relieve me in 3 days. I asked my employer to release my relieving and experience letter on my last day of working as it was mandatory documents for joining other company. Here comes the twist, till last date of working, no one raised any concerns regarding my reliving letter or notice period. Now they are refusing to release my reliving letter and experienced saying as you didn’t served the notice period of 1 month, We can’t release the relieving letter and experience letter on such a short notice. However they have already accepted my resignation by mail stating that:
“We are accepting your resignation. You are relieved on 31-Aug-2016 , Your relieving letter will be issued by 25th September 2016.”
Now my new joining date was 01-Sep-2016 and now It’s on hold as my new employer is asking my relieving letter. Please help me to handle current scenario. Should I ask my ex-employer to release my relieving letter by a legal notice?
Note: In my previous employment contract , there was clause “to serve notice period of one month”, except this nothing was mentioned anywhere.
From India, Mumbai
“We are accepting your resignation. You are relieved on 31-Aug-2016 , Your relieving letter will be issued by 25th September 2016.”
Now my new joining date was 01-Sep-2016 and now It’s on hold as my new employer is asking my relieving letter. Please help me to handle current scenario. Should I ask my ex-employer to release my relieving letter by a legal notice?
Note: In my previous employment contract , there was clause “to serve notice period of one month”, except this nothing was mentioned anywhere.
From India, Mumbai
Please help me on this issue, any advice will be grateful. I have resigned from my previous company and not able to join new company because of relieving letter.
From India, Mumbai
From India, Mumbai
Dear,
It is very clear from your post that management has accepted your resignation and clarified its motive as per your appointment advice/clause and the relieving letter issuing date. Don't be oversmart by giving a legal notice to obtain an experience letter. The ball is in the employer's court, and your attitude must be polite to receive your paperwork. Print your resignation acceptance email and contact your future employer, either through a personal meeting or email, requesting an opportunity for early joining.
This is my personal opinion on the matter, but you are free to choose your own course of action.
Thanks
From India
It is very clear from your post that management has accepted your resignation and clarified its motive as per your appointment advice/clause and the relieving letter issuing date. Don't be oversmart by giving a legal notice to obtain an experience letter. The ball is in the employer's court, and your attitude must be polite to receive your paperwork. Print your resignation acceptance email and contact your future employer, either through a personal meeting or email, requesting an opportunity for early joining.
This is my personal opinion on the matter, but you are free to choose your own course of action.
Thanks
From India
Actually, you need to buy out the notice period. As suggested by Mr. Rajesh Kumar Dubey, approach the HR/Management and request them to provide the letter or talk to your progressive employer to allow you to join with the mail or to extend the joining date to 26th Sept 2016. You can also get confirmation from the progressive employer about the reimbursement of the buyout amount of the notice period, pay the notice period amount to the present employer, obtain clearance, relieving, service certificates, and join.
As far as I am concerned, you don't have any logic for a legal fight. I suggest not to waste your career by going for legal action as it takes a lot of time and money. At the same time, professional organizations don't like to recruit people with this type of background.
From India, Hyderabad
As far as I am concerned, you don't have any logic for a legal fight. I suggest not to waste your career by going for legal action as it takes a lot of time and money. At the same time, professional organizations don't like to recruit people with this type of background.
From India, Hyderabad
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