Hi Lawyers,
I initiated my resignation on 1st Dec '21, and my last working day was 29th Jan '22. HR offered me a 25% hike, but I didn't reply to that email, so he canceled the offer within a week. On 28th Jan '22, I informed HR that I wanted to be relieved on 29th Jan '22 itself, but HR extended it until 1st April '22. At that time, I didn't have another offer in hand, so I continued working until 28th Feb '22 without withdrawing my resignation, but I accepted the declined offer via email.
Later in February '22, I received an offer from another company, and without a proper handover, I joined the new company.
My question is, I served a two-month notice period, and the handover was not done properly. Can I legally claim a relieving letter from that company?
From India, Ghaziabad
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I initiated my resignation on 1st Dec '21, and my last working day was 29th Jan '22. HR offered me a 25% hike, but I didn't reply to that email, so he canceled the offer within a week. On 28th Jan '22, I informed HR that I wanted to be relieved on 29th Jan '22 itself, but HR extended it until 1st April '22. At that time, I didn't have another offer in hand, so I continued working until 28th Feb '22 without withdrawing my resignation, but I accepted the declined offer via email.
Later in February '22, I received an offer from another company, and without a proper handover, I joined the new company.
My question is, I served a two-month notice period, and the handover was not done properly. Can I legally claim a relieving letter from that company?
From India, Ghaziabad
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You have only complied with the notice period clause mentioned in the Separation procedure in the Appointment letter of your company. However, every company has certain standard operating procedures (SOP) regarding selection, appointment, induction, resignation, notice period, resignation acceptance, relieving, final settlement, etc.
As you have worked in your old company, you were expected to comply with such formalities, such as obtaining a No due clearance certificate from all departments, informing your department/division head, handing over details of pending work, company assets, and other belongings of the company that you possessed during your employment, to the person assigned by your Department/Division head, etc., which you did not comply with.
Hence, it is suggested that before taking legal action against the company, please visit your old company and discuss in person with the competent authority to try to resolve your issues.
From India, Aizawl
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699As you have worked in your old company, you were expected to comply with such formalities, such as obtaining a No due clearance certificate from all departments, informing your department/division head, handing over details of pending work, company assets, and other belongings of the company that you possessed during your employment, to the person assigned by your Department/Division head, etc., which you did not comply with.
Hence, it is suggested that before taking legal action against the company, please visit your old company and discuss in person with the competent authority to try to resolve your issues.
From India, Aizawl
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First, you have not told us what your standard notice period is.
Second, though you have not responded to the mail asking you to work until April, your continuing to work and not giving a negative response implies acceptance of the terms provided by HR. Legally, you would be at fault if you just walked off. You should have completed your handover, spoken to the manager and HR, and parted gracefully and on good terms.
Remember that they will be contacted in the future for Background Verification. So, I suggest you speak to them and see how it can be amicably settled.
If you file a legal case, it is unlikely that the courts will rule in your favor.
From India, Mumbai
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Second, though you have not responded to the mail asking you to work until April, your continuing to work and not giving a negative response implies acceptance of the terms provided by HR. Legally, you would be at fault if you just walked off. You should have completed your handover, spoken to the manager and HR, and parted gracefully and on good terms.
Remember that they will be contacted in the future for Background Verification. So, I suggest you speak to them and see how it can be amicably settled.
If you file a legal case, it is unlikely that the courts will rule in your favor.
From India, Mumbai
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Company Letter for Completion 01 Month Notice.docx
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