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SN (NA)     14 March 2011

Abscounding converted to termination

Sir/Madam,

I had worked with an IT firm for a period of 9 months.I had signed a bond for 2 years but as I wanted to pursue my studies further I decided to leave the organization.I discussed with my team lead who asked me to discuss with the HR. Confused I decided to discontinue services after a few days by just informing them of my resignation through mail only.I did not go to the office from the next day.Now two years have gone and I have got an offer from another firm.As a relieving letter is important to them I am trying to get it from my previous employer.

As I have bond money to pay they are ready to give me an experience certificate and not a relieving letter as now it has turned from a case of abscounding to termination.

Please tell me will my current employer agree with only experience letter and no relieving letter?what other alternative can be done so that my previous employer isses relieving letter or any letter which olds good as my relieving letter.Please will advice me what step should I take next..

Thanks.



Learning

 7 Replies

Mallik Karra (Done with AIBE)     15 March 2011

@ Author,

 

Now, it is absolutely within the limits of your previous employer to convert your absconding to termination..... and you cannot get any other letter other than the service termination, the reason why your new employer needs the relieving letter is to make sure that you are not dual employed... for that even termination letter would do... but yes it would have a negative effect and they might evben reconsider the offer.....

if it is a small amount pay and get out of it.... if it is a huge one then apprise your new employer.... hope he gives in........

CA VK Dwivedi (Job)     15 March 2011

you did job at your wish then you left job at your wish. you have bond money outstanding( i believe it must be on account of overseas assignment) you left for further study. now you are joining new company at the same time you want to realise what ever experinece you had with the previous company.

Dude you want all the favours in you favour, you will have to reap what you sow in the past.

the companies are not doing charity business they are responsible to their customer and this kind of attrition brings disrepute not only for Company but also for India. In fact you should not be given even Experience Certificate. Just forget you did in past. Begin as Fresher.

vikash

Kumar Doab (FIN)     14 April 2011

-your new employer needs the relieving letter is to make sure that you are not dual employed..

-your new employer may agree on an affidavit/indeminity bond  from your side that you are employed elsewhere and you shall be responsible if found employed elsewhere.

If the new employer agrees they may provide a model languge for the affidavit/indeminity bond.

Use your persuasive/negotiation skills.

Henceforth consult your well wishers, family, competent lawyers before signing on the dotted line, than to repent later.

I

Kumar Doab (FIN)     14 April 2011

Please correct "your new employer may agree on an affidavit/indeminity bond  from your side that you are employed elsewhere" to

your new employer may agree on an affidavit/indeminity bond  from your side that you are not employed elsewhere

Om Prakash Dhusia (HR assistant)     28 April 2011

Dear SN, if you have recvd the termination letter from your previous employer then no other certificate is needed.The simple meaning of ABSCONDING is, that you DESERTED their employment on your own.It is not an criminal offence and if your present employer is happy to employ you then go ahead but please never hide the fact from them and need be submit an undertaking that you are not employed elsewhere as suggested by Mr.Doab.

Regards.

Kumar Doab (FIN)     28 April 2011

You have stated " Confused I decided to discontinue services after a few days by just informing them of my resignation through mail only."

You mean email or ordinary post.

If you have sent email and have not deleted it from your outbox and produce a copy, then you have not left without informing. Have you changed your address after sending the email. Company might have sent some communication to you, did you receive or reply?

You had signed service bond.

Company has shown curtsey and has agreed to give experience certificate.

Express yourself and facts to your new company ,Manage the situation , and move ahead.

In future consult your family, well wishers, experienced and competent persons before you sign on dotted line.It is better than to regret later.


 

Kirti Kar Tripathi (lawyer)     28 April 2011

 

To issue relieving order purely discretions of your employer. Even you completed all the formalities or requirements as your employer wish, your employer may not issue the relieving order. You have no recourse to force your employer to issue relieving order. Thus it better to explain your position to your new employer and take him in confidence. I hope, your new employer will not insist for relieving letter of your previous employer.

 


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