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Santanu (Network engineer)     19 November 2013

Not provoding releaving letter after completing notice perd

I am working in a MNC via a third party vendor. I am in payrole of third party vendor. In appointment letter it was clearly written- "In the event of your seperation from the company after completion of your probation period, the notice period will be 30 days from either side"

On 14th November I have submitted my resignation by mentioning my last date as 13th December as notice period is of 30 days. Now they are telling that I have to complet 2 months of notice period because my client wants this. Without clients approval they can't release me. If still I want to leave, I have to ascond from the companey because without completing two months they will not provide me any any releaving letter or experience certificate. My manager in client side informed that- "I don't know what contract you have with your vendor, but I can't release you in one month. You have to stay here two months to get proper released". HR of my vendor company also informs me that- "30 days notice period will start only after my manager from client side accepted my resignation. Till the resignation has been accepted, that 30 days timer will not start."

I have tried to convince them a number of times, but they are not ready to leasten my words. My next employer informs me that anyhow I have to join in 16th of December.

 

Please suggest what can I do now to get my releaving letter and experience certificate on 13th December itself.

 

Thanks

Santanu

 



Learning

 1 Replies

Kumar Doab (FIN)     20 November 2013

The employee should defend his interest from both employers.

Employee should not get stuck up due to rigid approach of any employer.

 

The notice period as per bilateral agreement signed between employer and employee is 1 month and it shall remain 1 month only.

 

Employee should record (audio/visual) all representations with employer (vendor) and MNC and should keep some witness.

 

Employee should also narrate all representations made till date to employer(vendor) and manager at MNC.

  

A similar query has been discussed in detail at:

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UoudttKAqWM

 

You may find it relevant.

Notice of resignation should be carefully drafted.

You may take the help of elders in the family, and your lawyer to submit carefully structured communications in writing so as to build favorable record in writing.

 

If possible negotiate with future employer to extend the offer period.

 

 

The notice period stated in appointment letter issued by your employer shall stand.

 

 


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