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Want immediate reliving from company

Querist : Anonymous (Querist) 05 March 2018 This query is : Resolved 
Hi friends need your advice.

I'm working with Pvt ltd company since 7 months as technical sales manager. Due to bad work culture and employment policies I started searching for alternatives. I landed a job and they want me to join on immediate basis. I was just going through the appointment letter of current company to check for probation period. The appointment letter mention as below-
As agreed You are suppose to be with the company for minimum period of 12 months.
If you wish to leave need to inform 60 days in advance.
It doesn't mention anything about probation period or buyback option or penalty.

The company has bad reputation with ex-employee wrt post resignation treatment. The director informed them you are in contract for 12 months. And they left without serving notice period and taking reliving letter.

My new company has been informed of all these probable consequences.
Need your advise on how to go ahead.
Guest (Expert) 05 March 2018
Do you want recommendation of experts to the company? Legally, you are bound to serve 60 days notice. You will have to talk to the company if any concession in terms is desired. No legal recourse.
Querist : Anonymous (Querist) 05 March 2018
No expert recommendations doesn't work in my industry as it's small industry wherein feedback is taken directly from customer and almost everyone knows one another
Ms.Usha Kapoor (Expert) 06 March 2018
If your new company is prepared to take you as an employee in their c9ompany knowing your problems in the previous company then immediately join the new company without taking relieving letter as other employees in your previous company has done.Before joining issue a LEGAL NOTICE TO YOUR PREVIOUS COMPANY. CONTACT A SERVICE/LABOUR LAW LAWYER.
Kumar Doab (Expert) 06 March 2018
You can benefit from the advice of Ms. Usha kapoor…
Notice period/pay is part of service conditions and covered by various enactments applicable to employee/establishment/employer………….
60days notice period may not be necessarily applicable in your case……………
Kumar Doab (Expert) 06 March 2018
Pls post query with your ID (not as AQ) and you can get many replies………Your ID does not mean your name or phone number or email Id and don’t post these…
Post your full query in one new thread with your ID…….


While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Kumar Doab (Expert) 06 March 2018

As usual in this thread and also from day 1 under all multiple fake ID’s IT=@PSD

i.e. 2nd postor in this thread also…
is= NIL and Zero in this thread also……..and all other threads today also…
IT=@PSD has been = NIL and Zero in all threads on similar queries…….
The entity IT=@PSD has made another frustrated good for nothing attempt to make some points in this thread also…

Querist can search threads on similar queries by using SEARCH option in threads, articles, judgments etc etc at LCI…
Ms.Usha Kapoor (Expert) 17 June 2018













I stick to my above view.


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