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vijaykumar   15 March 2015

Joining new company without relieving

Hi, 

I worked in a company for ABC for a month then I left that company ABC without relieving and experience due to illness. Later I got a job in another company XYZ. This XYZ company knows that I have worked in company ABC but don't have any relieving from ABC, this XYZ company is ready to join me on the basis of all previous companies relieving and experience(prior to ABC). Is it good to join new company, in future will I get any problems. Please suggest me.

Thanks



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 March 2015

Just you resign from the job and join the new job. Once you resigned you need to go for relieving letter.

vijaykumar   15 March 2015

Thanks a lot sir for replying. I have resigned already in my current company, new company wants me to join asap without taking relieving from current company. If I join new company, what problems can I face from current company and new company also.


Thanks

Kumar Doab (FIN)     15 March 2015

Any employer can absorb you without relieving letter. However you may get it in writing from next employer that Relieving letter is not required.

 

 

However you should demand it in writing and get it as many employers in future may demand it................alongwith acknowledgment and acceptance of resignation, service certificate, Correct FnF statement (showing computation of earned wages,leave encashment,bonus etc, adjustment of correct notice pay at correct rate of notice pay for correct notice period), Form16 as per correct FnF statement, salary slips of all months,PF number and a/c slips of each year,ESIC card, NOC/NDC etc.......

 

All of these docs may serve as good as relieving letter.

 

Relieving letter is more of a practice than a legal requirement....................and signifies nothing but that there is nothing due towards employee. 

 

Service Certificate has to be supplied to all employees.

 

What was the notice period stated in appointment letter issued to you?

Did you sign any service agreement/Bond?

 

 

You may go thru many threads on similar queries e.g.;

 

 

 

https://www.lawyersclubindia.com/forum/Non-issuance-of-relieving-letter-117843.asp#.VQVo8TKqqko

 

vijaykumar   15 March 2015

In appointment letter notice period is mentioned 1 month. I have not signed any service agreement or bond.

Kumar Doab (FIN)     17 March 2015

The counsel that has examined all docs on record and your inputs may opine that notice period for a month of service is NIL.

Thus employer may not be able claim any recovery and may rather have to pay wages for each day of work.


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