Resignation, Leave without pay & Relieving


Dear Sir,
I was working in a reputed Telecom company.The company has a policy of serving the 60 days of notice period for any employee leaving the organization. I resigned on 25th April 2019 and served the notice period of 22 days. My last working day was 17th May 2019. After 17th May 2019 I joined another company and marked leave without pay in my previous company.
The previous company is not giving me the relieving as they are saying me to serve the notice period of 60 days.
As I have mentioned that I marked leave without pay for the rest of days after my last working day.

I want to know the following things.

1- In this case My leave without pay breaks my employment from the company or not?
2- Can Company has the right to forcibly get the notice period served by giving the threat of not giving the relieving letter.?
3- What are the chances to be happen with me in this case. ?
 
Reply   
 

Hello Aparnesh!

Did you had any paid leaves balance to be adjusted?

Have you spoken with you reporting Boss? Kindly take your boss into confedence and ask for waiver of notice period.

Also need to look into your employment contract before giving you any further opinion towards legal implications.

Regards

Adv. Rohit Dalmia

9324538481

 
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In fact your problem is very tricky. Per your query, the scheme in your previous company is 60 days notice for leaving wef 25-4-2019, which would be expiring on 25-6-2019. But before that you have joined a new company by cheating them that you are on leave without pay(LWOP) from your previous company. Now, if your new company demands the relieving letter of the previous company, then what would you say?

Total likes : 1 times

 
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Dear Rohit Sir,
I have Total 86 paid leaves are balance .I have sent a proper mail confirming my last working days i. e 17 May 2019.
 
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Dear Rohit Sir,
I have Total 86 paid leaves are balance .I have sent a proper mail confirming my last working days i. e 17 May 2019.
 
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Dear Om Prakash Sir,
I have not cheated any one I have sent a proper mail regarding my resignation and last working days. I am bit confused that puting my LWOP was right or wrong. As I marked LWOP saying that I m not in your system and don't need any salary.
 
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My opinion was based on your first narrative in this column, whereas you have started opening up thereafter when I have raised some questions.
 
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My opinion was based on your first narrative in this column, whereas you have started opening up thereafter when I have raised some questions.
 
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Om Prakash sir can I have your Mob number please.
 
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Dear Aparnesh Tiwari, the original querist, kindly state your mob no. in this column please. I will msg you my mob. no., and then you are free to discuss your problem with me as and when you require.
 
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