Mr. Lakshmanan has given valuable advise.Kindly follow it.
Apparently all transactions are verbal with both current and prospective employer.
All communications should be in writing with current and prospective employer.
The current employer is not issuing relieving letter on last day in office, and the prospective employer is not allowing joining without relieving letter then why are you leaving current employment?
Remain amiable, gentle and firm and avoid emotional outbursts.
Do not leave anything to doubt, speculation or chance………………..
The HR in the current employer has agreed to relieve on adjustment of notice pay.
Since you are working with the company you alone would know the amount of trust you can have on verbal transactions and proceed as per your own judgment.
The company may have its own internal policy and TAT for HR to issue relieving letter after 15 days and this HR person might be SPOC. The 15 days time might be for internal audit to prepare NOC/NDC............
Ask for hard copy (duly signed and with seal of company) of Exit Format that is otherwise to be sent by email.
The prospective employer should agree (preferably in writing) to appoint on the strength of Exit Email.
Consult elders in the family, trade union leaders, IT employee’s union leaders, lawyer/law firm and structure your representations carefully………………
Employee should apply goodwill, rapport, exceptional levels of persuasion, persistence, negotiation, reasoning skills, adaptability, flexibility and resolve the situation in favor ( with both current and prospective employers) and build favorable written record also while in current employment.
>> Prospective Employer: Minute the discussions even if by email (mention dates, name of company, name of employee, designation, dept., address) and conclude that current employer is unwilling to issue and supply relieving letter since joining time issued by the company is 1month and as already informed by you during interview the notice period with current employer is 2 months.
Since due to offer letter and joining time given by company you can’t serve full notice period your current employer is unwilling to relieve and issue relieving letter.
Therefore the company should extend the notice period by 2 months or allow joining without need to produce relieving letter. You may conclude that you can submit only the copy of resignation letter and proof of its dispatch. Relieving letter can be submitted only if and as and when supplied by current employer.
Obtain a reply even if by email.
Did you negotiate and did the prospective employer agree to compensate you for the notice pay that you have to pay to current employer?
>> Current Employer: the discussions even if by email (mention dates, name of company, name of employee, designation, dept., address) and cover that on dated Mr/Ms………………..designation has confirmed that you would be relieved on dated…………………………….and notice pay for the shortfall in notice period would be adjusted in FNF statement, and that FNF statement, FNF payment, relieving letter shall be supplied by dated………………….
However if you are being relieved on dated……………………….the relieving letter, service certificate, acceptance of final resignation, attested copies of PF forms, PF a/c slips for each year of service, salary slip of last month, Form 16 as per correct FNF statement, NOC/NDC, acknowledgment of handover of charge/company property should be handed over to you on your last day in office. You should be informed to whom you should handover the charge/company property under acknowledgment on the spot.
And that next employer won’t allow joining without submitting original relieving letter from current employer. If relieving letter is not supplied in time by current employer you shall loose the offer letter and offered employment.
Employee must mention that no task/assignment is pending at his end and routine duties be issued that can be completed on day to day basis up to and within last day in office, and that all concerned should be advised to issue and supply and NOC etc if any, up to and within last day in office, to all concerned in the company so that you are supplied all documents and payments as described above within office hours on last day in office.
And that if there is anything that company want you t o do related to exit formalities that should be communicated to you in writing along with forms and formats…………..
Obtain a reply even if by email.
Download the exit/severance/leave/FNF/incentive/ and any other policy of the company.
>> You may look into standing orders of the company, appointment letter issued to you. Service condition stated in standing orders can not be negated to employee in appointment letter and standing orders shall prevail upon appointment letter. Standing Orders applicable to the company should be displayed on notice board.
If standing orders are applicable but are not certified then Model Standing Orders may apply.
Designation alone does not decide employee shall be covered as ‘Workman’ as in ID Act or as ‘Employee’ as in Shops and Commercial Establishments Act or not.
Notice period is max. 1 month as per Model Standing Orders, Shops and Commercial Establishments Act.
Model Standing Orders:
13. Termination of employment
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17. Liability of 17[employer].--
