Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
Hi, Its urgent i am in deep trouble. I was working in Private company for last 7 month. Recently, i got the offer from other company paying much better salary. So i put the paper but H.r told company C.E.O will talk . After one month he got the time to call me that too he is saying H.R has not accepted your resignation so we will not relieve you. To join other company i need all papers. I have already 40 days of my notice period which is 60 days as in offer letter. kindly, help me in getting Relieving documents.
I have given resignation through mail on 09/08/2011 and my notice period is 2months. I have put the termination policy as quoted in my offer letter below and they have not processed the last month salry also:
"The termination of employement is subject to one months notice period from employer and employee shouls liable to give two months notice period . Howeever compasny reserves the right to pay one month's basic salary in lieu of the notice period."
Raj Kumar Makkad
(Expert) 15 September 2011
You have not told whether you have given your notice in writing to your HR head or not? Similarly you also tel how much notice period is mentioned in your appointment letter.
If you meet the requirements then company shall have to accept your resignation and arbitrariness cannot prevail there. You serve a legal notice through your lawyer and get the mere go.
Guest
(Expert) 15 September 2011
Verbal saying about resignation has no meaning if you have sent your formal notice for resignation. You may remind them in writing to intimate their decision on your resignation case.
Querist :
Anonymous
(Querist) 15 September 2011
I have given more details about my query. Kindly have a look at earlier query and give me solution.
Advocate. Arunagiri
(Expert) 15 September 2011
You serve the notice as per the agreement terms. You may leave the company on the expiry of the notice period.
Your prospective employer will understand that you did the right thing. And will not demand relieving letter, but, will demand the copy of the notice and proof of service on them.
This is the normal practice, so dont worry.
Heaven 2011
(Expert) 16 September 2011
The relieving letter is not necessary. In such case, as you have explained, the company can not force you to remain with them. Better you send another letter referring the earlier one with a request to issue the relieving letter and clearing statutory due like pf etc and also quote that unless you get the same the present company can not make you liable under any circumstances if you leave forcefully. Make a cc to the CMD, if you are a professional then to MCA and concerned PF office.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
I fully endorse Mr. Arunagiri's views.
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