Hi,
I worked in a private company for 4.3 years. I gave notice on 15th November for one month. The company replied to me in an email accepting my resignation and informed me that after 30th November, I do not need to continue. On the 30th of November, the last date of my notice period, the company informed me to come after 10 days to receive my release letter and salary slip. I joined a new company on the 5th of December with all the necessary documents, including a copy of the accepted resignation letter. The new company mentioned that I would need to submit the release letter after a few days. However, my previous company is now stating that they will not provide me with a release letter or any other documentation. They are blaming me for causing them to lose a client. I am worried about losing my new job as well. Please, can you advise me on what I should do in this situation? Your help is greatly appreciated.
From India, Kolkata
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I worked in a private company for 4.3 years. I gave notice on 15th November for one month. The company replied to me in an email accepting my resignation and informed me that after 30th November, I do not need to continue. On the 30th of November, the last date of my notice period, the company informed me to come after 10 days to receive my release letter and salary slip. I joined a new company on the 5th of December with all the necessary documents, including a copy of the accepted resignation letter. The new company mentioned that I would need to submit the release letter after a few days. However, my previous company is now stating that they will not provide me with a release letter or any other documentation. They are blaming me for causing them to lose a client. I am worried about losing my new job as well. Please, can you advise me on what I should do in this situation? Your help is greatly appreciated.
From India, Kolkata
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A couple of questions.
1. Why did the company not ask you to serve your entire notice period?
2. On what condition did the company lose the client? Were you responsible for it in any fashion?
3. How have they communicated to you that they will not be giving you a relieving letter?
The first step in these conditions is usually to calmly try and resolve the situation with the previous employer. If that does not work, you can always approach a lawyer, send them a notice, and file a case in labor court to resolve the issue.
From India, Mumbai
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51. Why did the company not ask you to serve your entire notice period?
2. On what condition did the company lose the client? Were you responsible for it in any fashion?
3. How have they communicated to you that they will not be giving you a relieving letter?
The first step in these conditions is usually to calmly try and resolve the situation with the previous employer. If that does not work, you can always approach a lawyer, send them a notice, and file a case in labor court to resolve the issue.
From India, Mumbai
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Hi,
Thank you very much for viewing my post. I want to answer the questions one by one.
1. I really don't know why they have not given me the opportunity to work the full notice period. They just emailed me that after 30th November, I no longer need to work and to accept my resignation.
2. I was dealing with a client regarding a project, but after giving notice on 15th November, the company informed me that I only needed to sit on the bench and not work. I clarified all the information to the other employee who then dealt with the client while I sat on the bench from 16th November to 30th November. Now, on 8th December, the client is saying the project was delayed and has been canceled. I really don't know what I did wrong. I simply discussed the client's requirements.
3. I called the director and asked when I would receive my papers. He mentioned this as a minor issue and said they would consider it and get back to me after 3 days. They will consider it.
I am really afraid. If I file a case, it will take a long time to resolve the matter, but I have to submit the papers to my current company. What should I tell my current company? Also, please advise me on how to file a case in the labor court.
Thanks, waiting for a reply
From India, Kolkata
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Thank you very much for viewing my post. I want to answer the questions one by one.
1. I really don't know why they have not given me the opportunity to work the full notice period. They just emailed me that after 30th November, I no longer need to work and to accept my resignation.
2. I was dealing with a client regarding a project, but after giving notice on 15th November, the company informed me that I only needed to sit on the bench and not work. I clarified all the information to the other employee who then dealt with the client while I sat on the bench from 16th November to 30th November. Now, on 8th December, the client is saying the project was delayed and has been canceled. I really don't know what I did wrong. I simply discussed the client's requirements.
3. I called the director and asked when I would receive my papers. He mentioned this as a minor issue and said they would consider it and get back to me after 3 days. They will consider it.
I am really afraid. If I file a case, it will take a long time to resolve the matter, but I have to submit the papers to my current company. What should I tell my current company? Also, please advise me on how to file a case in the labor court.
Thanks, waiting for a reply
From India, Kolkata
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Doesn’t look very complicated in that case.. Approach a lawyer and seek his advice. The problem should get resolved once the lawyer sends them a notice.
From India, Mumbai
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From India, Mumbai
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Hi Ask your HR Head to post the releaving letter thru mail It will serve the purpose for some time.
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Dear Shantanu,
It seems that you didn't have cordial relations with the management of the company, reasons best known to you. It was improper and unreasonable on the part of the management to ask you to pack up before the completion of the notice period. They shouldn't have done it or should have paid the salary for 15 days.
If they are blaming you for losing a client, they should have held an inquiry into the matter to pinpoint the responsibility, particularly in a situation when they made you sit idle during the notice period.
You can talk to your present employer, taking him into confidence, and ask him to bear with you for some time for the relieving letter. Meanwhile, you can produce an acceptance letter of your resignation if you have it.
Since you have mentioned that you have called the director and he has asked you to get back to him after 3 days, you can speak with him again and try to convince him that if they have accepted the resignation, then where is the problem in issuing the relieving letter.
If still nothing concrete materializes, then you can approach the Area Labor Office of the State government with full particulars of the case, enclosing therein the relevant papers.
BS Kalsi,
Member since August 2011
From India, Mumbai
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It seems that you didn't have cordial relations with the management of the company, reasons best known to you. It was improper and unreasonable on the part of the management to ask you to pack up before the completion of the notice period. They shouldn't have done it or should have paid the salary for 15 days.
If they are blaming you for losing a client, they should have held an inquiry into the matter to pinpoint the responsibility, particularly in a situation when they made you sit idle during the notice period.
You can talk to your present employer, taking him into confidence, and ask him to bear with you for some time for the relieving letter. Meanwhile, you can produce an acceptance letter of your resignation if you have it.
Since you have mentioned that you have called the director and he has asked you to get back to him after 3 days, you can speak with him again and try to convince him that if they have accepted the resignation, then where is the problem in issuing the relieving letter.
If still nothing concrete materializes, then you can approach the Area Labor Office of the State government with full particulars of the case, enclosing therein the relevant papers.
BS Kalsi,
Member since August 2011
From India, Mumbai
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Hi,
In my view, you should keep sending them written reminders over email. If they have accepted your resignation and confirmed the relieving date, there is no reason for them to hold back your relieving letter unless they have found some ethical issue during your exit. Legally, they have no rights to stop it.
Give them three polite reminders, and afterwards, write a strong email stating that you may approach legal avenues and pursue a harassment case as well. On the other side, provide proof of your reminders to your new employers if they pressure you to submit the relieving letter. Also, take your HR and boss into confidence to safeguard your position in the new organization.
Meanwhile, please submit the acceptance copy of your resignation to your current employer as proof that you have exited your last company and followed the process.
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In my view, you should keep sending them written reminders over email. If they have accepted your resignation and confirmed the relieving date, there is no reason for them to hold back your relieving letter unless they have found some ethical issue during your exit. Legally, they have no rights to stop it.
Give them three polite reminders, and afterwards, write a strong email stating that you may approach legal avenues and pursue a harassment case as well. On the other side, provide proof of your reminders to your new employers if they pressure you to submit the relieving letter. Also, take your HR and boss into confidence to safeguard your position in the new organization.
Meanwhile, please submit the acceptance copy of your resignation to your current employer as proof that you have exited your last company and followed the process.
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