shankar (SE) 31 August 2010

Termination after resignation

Hi,

I am working in the IT company as a software engineer from last 4 yeras. As per company policy notification period will be 3 months after resignation.But I got good offer from some other company as senior engineer and need to join within 1 month.I put the resignation letter on 8th August and discussed with managers and HRs regarding my relieve in 1 month.Even i am ready to pay for notification period and have around 40 leaves.
I told them i need to be relieved in one month because of some family problem. But they are not listening. But i am interested to join other company.Even other company is ready to take me without relieving letter.But as a 4 years i served in the company i am not feeling good to go without relieving letter.
After requesting so many times , I told them to relieve me in 1 month otherwise i wont come to the office after september 3rd. If that is the case , one of my HR told we will give you termination letter with absconding reason after 3 months. Is this absconded case?.

As per the company my relieving date will be oct 22nd.

Company policy says 3 months notification period.But there are so many examples that some people relieved in one week, one month.

So please can u suggest me what i can do if i want proper relieving letter?

Reply Follow

4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR) 31 August 2010

well first of all join other company, then issue legal notice to your earlier company for termination, as they are terminating you as per law they should pay one months salary alos.

you have to protest the case first file complaint after notice with labour commissioner then he will try to resolve the issue.

Regards,

V. VASUDEVAN (LEGAL COUNSEL) 31 August 2010

Many a Companies especially the HR team does understand the meaning of "absconding" and misuse and abuse this term as well as the process of law. Your resignation with salary in lieu of notice period (after adjusting your leave entitled) must be accepted by the company. If your earlier letter was not acknowledge, please send out a letter clearly setting out the reasons, issue preferably by speed post with Proof of Delivery (Rs.10 etc.) and quit. Joint the new company and relax!

srinivas janapati (student) 01 September 2010

Hello sankar,

Y ou need to be patient and convince your current HR/ reporting boss and come out of this. And at the same time explain the thing to your prospective employer.

Involve your current MD, This is how you can properly get relieved.

Srinivas

Kumar Doab (FIN) 02 September 2010

Send a detailed letter by regd/speed post with AD, addressed to principle officer/MD citing events i.e date , time of meeting/representations you have attended with the persons.....name and you can enclose an A/c payee cheque towards the balance notice pay .

If the AD is not received you may file in the concerned Post Office and for both the certificate of delivery and POD.

It shall be appropriate to consult your local service lawyer, and show your docs including appointment letter.