LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sabaresh (technical engineer)     26 April 2011

Regarding releiving letter from company

Hi,

Currently i am working in a organisation and i got a new job and they sent me an offer to join on 26 th of may.

But in my current company they are not ready to accept my resignation letter and they are forcing me to work for another 1 and half year. But i didnt sign in any bond and also in my offer letter it is mentioned to give one month notice or else need to give last month salary.


Kindly please suggest me what can i do for this as the new company requires releiving letter and also the joining date also is vey near for me. I want to leave the current organisation.

 



Learning

 5 Replies

Kumar Doab (FIN)     26 April 2011

You have tried with your current employer. It is not clear since how long you are employed with them. The employer shall want the employee to work for a reasonably good period of time, or employees shall keep on coming, learning and leaving, and the company shall keep on struggling with the problem of attrition.

As per your appointment letter you can give notice of resignation/notice pay  of one month and exit.

You may prepare a list of all the company property, and submit under proper acknowledgment with seal and signature, and list of pending tasks to be completed by you and complete them, before you leave. Work responsibly.

Document each and every thing and maintain record and do not give an opportunity to blame you. You may persuade your reporting authority to help you and obtain acknowledgments from him/her that you have completed the tasks, and nothing is pending. Offer your help to find your replacement and train the new employee.

World is small and you may find yourself in the company of your superiors again. You also need them for your reference check.

You are within your rights to ask for settlement of your a/c,F&F,form16,work experience certificate, NOC, NDC, relieving letter, PF accumulation reports etc. Prepare your a/c of payables and receivables and submit to the company for crosscheck.

Be smart. Use your negotiating and reasoning ability to convince the administration, and manage the situation to avoid litigation. If nothing works you can protest and if required you can approach labor conciliation officer.

Your new employer can absorb you on the strength of your resignation letter, its acceptance, last salary slip, and may ask you to sign an indemnity bond confirming that you are not employed elsewhere and there is no outstanding against you. Show them your documents convince them you have tried your level best. They also know the trends in the industry.

sabaresh (technical engineer)     27 April 2011

Sir,

Currently i am working for 1 year and 7 months in this company.

My notice period date is crossed and i am ready to  bare my next month salary. As they have mentioned that need to give 1 month notice or need to bare the month's salary. So when it will be correct to send my resignation letter. They are not even accepting my resignation letter.

 

I am also having the PF account number and the necessary details they asked in the new company regarding to my PF

Kindly clarify


 

Kumar Doab (FIN)     27 April 2011

Your notice period is one month. You want to join new company by 26th May. You could submit notice of resignation by 25th April. If you leave before effective date of resignation say 26th May, you can offer to pay salary for number of days you have not served the notice period.

You have mentioned that your notice period date is crossed; therefore it is believed that you have already served the notice of resignation, and served the notice period of one month. You must be having the acknowledgment of your resignation.

You may submit letter under proper acknowledgment enclosing copy of your notice of resignation and mention you have served the notice period and has worked up to the date of….and has resigned w.e.f …..And hence your a/c may be settled, and ask them to issue the documents mentioned in the earlier post.

The new company has asked you about PF number, which you have got.

You may negotiate with the new company and explain them the whole matter and that old company is not providing you the acceptance of resignation, and may not provide the relieving letter. Once the new company agrees they may ask you to send the letter of resignation from their office and they may keep copy of your letter and receipt of registered post. You should retain the originals. You should obtain the offer letter from them and if everything works out to be fine you may join the new company, and obtain appointment letter.

Please be careful the new company may ask you verbally or in writing to submit the acceptance of resignation and/or relieving letter say with in one month.

Therefore take a qualified decision in consultation with your family, experienced well wishers/lawyer/law firm available locally, and show them all the documents you have.

sabaresh (technical engineer)     27 April 2011

Sir,

Still they didnt want me to send any mail or they dont want to receive any letter for my resignation. Since they are not ready to approve me. So i have asked their acceptance for me to leave only through verbal communicaion.

Kumar Doab (FIN)     27 April 2011

You are educated and qualified engineer.

You shall appreciate that appointments and resignations are not by verbal mode.

Your contentions are not clear from your posts.

You may quote all your representations in chronological order i.e.

-on dated.....you met......

-on dated you................ discussed with.....

And submitted your notice of resignation dated .......on dated............

You have served the notice period from dated......to date............and you resign from services from dated......

and your a/c may be settled ASAP and demand for settlement of your a/c,F&F,form16,work experience certificate, NOC, NDC, relieving letter, PF accumulation reports etc.

If you have not submitted your notice of resignation or resignation so far in writing, even if company has declined to receive it from you, you can submit it by registered post/speed post with AD.

As per your appointment letter you are liable to pay for the days of notice period for which you have not served. You can also ask to adjust the notice pay from wages/earned leave payable to you.

If you are facing any difficulty in taking up the matter on your own you may seek help from your family, experienced well wishers/lawyer/law firm available locally, and show them all the documents you have.

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading