mohan (software engineer) 01 June 2012

Relieving and experience letter

Hi
I am working as software engineer in 50 employees company located in chennai from july 1 2011. Now I am get good offer in another company.

So i am posted my resignation to my reporting manager. As per my company rules we need to serve nearly 90 days as notice period. its mentioned in employee terms and conditions.

They have another one clause in terms and conditions..i.e. The term of the employee contract should be valid from june 28 2011 to next 12 months(june 28 2012) and it should be automatically renewed for further 12 months, unless terminated by either party.

So as per terms and conditions am discuss with my reporting manager and operations manager to Relieve me before jun 28. But they informed me you need to serve notice period 90 days fully. when i ask them about the term contract. They not reply for my question and not for my mail.

To get my relieving letter and experience letter from company. Regarding this matter i am little bit confused to whom i need to complaint, whether in police station or court or labour department.

can any one assist me for further

Regards

mohan. s

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2 Replies

Vijay Dubey (HR) 01 June 2012

Dear Mohan, In my view you should work till 28th, and in the meanwhile pursue the mattet with HR also but in a polite manner. Separation must be end in win win. Police n courts are not so easy options to use. Regards Vijay

Kumar Doab (FIN) 03 June 2012

If the contract is automatically renewed then until there is explicit expression it shall get renewed with the same terms and conditions including remuneration/compensation. Or is there a scope to negotiate the remuneration/compensation part? Is the company willing to negotiate and concur to your demand of remuneration if the contract is to be renewed to facilitate serving the leftover period of notice? As per contract the notice is applicable to either the parties or you alone? Is it mentioned that either party can terminate the contract by tendering notice of 90 days prior to date of renewal of contract?

In your trade the completion of projects is important hence companies are adamant.

The situation seems to be that no one in company wants to reply in writing.

However you may throw the ball in the company’s court by supplying specific representations in writing under acknowledgment, addressed to good offices of your appointing authority, MD, CEO, and Company Secretary, preferably by letter thru redg. post. You may not limit your representations to line management and HR. If you wish to send email you may send it from personal email id or may forward copies to your personal email id. Employee should apply goodwill, rapport, and exceptional levels of persuasion, persistence, negotiation, reasoning skills and resolve the matter in his favor, while in employment. This shall be the quickest and easiest solution.

You may structure your communication in line with your contract and to suit you and build favorable record for appropriate use in appropriate forum. If at any point of time you feel that you may be subjected to rude conduct, threat, coercion, intimidation etc, you may record such transactions (audio/visual).