Not relieving in the probation period

You have submitted your notice/resignation.

Employee should submit a clear communication: i.e. He/she is submitting  resignation and effective date of resignation shall be dated...........

You have submitted resignation as per prescribed terms of appointment and separation. The tone and texture of HR and Manager is bad conduct. However it is believed their communications are verbal and you have not minuted it.

If you have got some time available then as a goodwill gesture you can offer( in writing under acknowledgment) that as asked by Mr.........(HR) and Mr.......(Manager) you can offer to cooperate with the company till dated............and company should confirm in writing to pay you your salary till that date and complete all exit formalities within that date. You should address this communication to your appointing authority, MD, HR Head, Company Secretary and request their good office to intervene and supply you the acknowledgment of your communications/notice and their acceptance , F&F, Form 16,Pf accumulation reports, Pf withdrawal/transfer forms, service certificate, relieving certificate, NOC/NDC etc.

You should obtain in writing that you have completed all tasks on hand and submitted all company property. If company does not give it to you, then you should submit a written communication to this effect from your side. You should build record in your favour and should leave any opportunity with the company to charge you for having caused loss to them.

Hi Kumar,

Thanks for your reply.

I told to my manager and HR through mail attaching to my resignation mail that i can stay in company for one more week and will complete the tasks. But not listening to me and threatening me that i cannot leave company by giving 48 hours as they cannot follow the offer letters terms and conditions of what i had mentioned and asking me to complete the work which might go to another more than one month. My new company wants me ASAP and if i loose the opportunity in this time frame then it will be tougher to get another offer easilly. I think i had followed as per my offer letter desciplinarily and asking them to relive me gracefully. HR  threating me that they will go by legally.

Looking for the reply.

Thanks,

kishore

After the candidate is selected an offer letter is issued. After the candidate has joined the duty appointment letter is issued. Terms and conditions in appointment letter are referred to for termination of contract by employer/employee.

You have used the term offer letter. Kindly check and confirm you have received appointment letter or not and are you quoting from appointment letter. Has the company amended the terms and conditions by any other communication and have you ever accepted the new terms in writing. If yes you can also opt to pay the notice pay @ basic/gross pay , as explained in appointment letter, and resign.

Kindly obtain the standing orders and employee rule book from your company, also.

Hi Kumar,

I had received the appointment letter with all terms and conditions of employment from the company and as per that only i had served 48 hrs notice period. I hadnt received any new terms and conditions from the employer and i too hadnt accepted. its clearly mentioned as " Provided that either you or the company may terminate your employment at anytime during  the 6 month probation period by providing a notice of 48 hours." in annexure step#1 of the appointment letter. I came out of that company and joined in new company but the old company people are not willing to provide me any relieving letter, experiance letter, F&F, Form 16, PF details etc and more over mailed me that they will sent legal notice to me from their lawyer. I had followed and had all the emails communication with me. Please advice in this regard. What i need to do if i received legal letter and what steps i can take.

Thanks,

ramkishore

You may submit a written, gentle, communication to your appointing authority, MD, HR Head, Company Secretary and request their good office to intervene and supply you the acknowledgment of your communications/notice of resignation and resignation, and their acceptance , F&F, Form 16,Pf accumulation reports, Pf withdrawal/transfer forms, service certificate, relieving certificate, NOC/NDC etc, within say next 15 days.

You may specifically mention:

-that Mr/Ms......................designation..........................department..............office address..............on dated.............have stated during your in person representation that they and company shall not settle your account and shall not provide you any of the documents e.g. F&F, Form 16,Pf accumulation reports, Pf withdrawal/transfer forms, service certificate, relieving certificate, NOC/NDC etc., which otherwise designated officials of the company are duty bound to supply to you.

-that you have adhered to the terms set out in your appointment letter, hence company should withdraw their letter/email dated.................signed by................stating legal notice shall be sent to you.

You may highlight the meritorious services you have rendered for the company and ask their good offices to provide relief to you within 15 days.

if the company and good offices do not revert, you may approach the local o/o labour commissioner with your complaint and may also meet labour/wages inspector.

You should remain amiable, gentle, and use your negotiation, persuasion skills to resolve the matter in your favour, and if deemed fit by you, you may seek an appointment with MD etc.

Hi Kumar,

I had one doubt is that why that company is doing like this, it will spoil the reputation of the company right if i send legal notice to them for their threatening and misbehaviour. I had all the emails communications and employment letter eventhough they are doing like this. Coming to your point,  before coming out of company i talked to MD, Senior HR and Managers requested them to relieve as i had served as per the offer letter and due to some personal issues. They told me that i need to be there in the company complete the work assigned to me which can go to some 2 months then they will relieve me. If i send the letter to them requesting to provide me the documents they wont reply to me as i am sure about that.  Can i also go legally on them? what happens if they send legal notice to my address and how to solve this issue. I heard that employee will have right to go anytime during probation period by giving notice period and employer cannot do anything other than giving relieving, service and other documents.

https://skorcareer.com.my/blog/avoiding-termination-during-probation/2008/03/04/

Thanks,

Ramkishroe

You are expected to complete the tasks on hand.

As a goodwill gesture you can offer to train any other employee and cooperate to complete the work say up to another 7days or so if it suits you and if the company agrees in writing, to pay you the salary for this period. If it suits you, you may communicate in writing, under acknowledgment. You may continue to peruse and persist and obtain the docs you are eligible to get without any litigation.

Company may sit on relieving letter but has to issue other docs, and these docs are as good as relieving letter.

You can respond to legal notice with facts. If you have written record this shall favour you.

If the company is bothered about their reputation, and good HR practices, you may very well focus on your future ventures.