can i join new co. joining without relieving letter
Querist :
Anonymous
(Querist) 01 March 2011
This query is : Resolved
Dear Sir,
I am working with Indian multinational since last 6 years, recently i resigned from my position on 15/02/2011 by mail, releiving date will be 05/03/2011 because i am joining new co. from 07/03/2011.
As my existing co. knows that i am joining new co. from 07/03/2011, so they can relieve me only on 01/04/2011. now problem is can i join new co. from 07/03/2011. New co. can not extend my joining date till 01/04/2011.
As per my discussion with HR people regarding relieving and joining new co, they said it is case of absconding and co will not give you single penny e.g. gratuity,PF,Superannuation etc.
Kindly help me what to do.
Devajyoti Barman
(Expert) 01 March 2011
First make it cleat as to whether you have served the notice period or not. If yes then your erstwhile Co. can do nothing. If not then it can withheld some amount of money as per the terms of the Job Contract.
However this dispute has ot nothing to do with your joining in the new Company . So join there on the scheduled date without any problem.
Querist :
Anonymous
(Querist) 01 March 2011
as per co. rule notice period is 90 days, can co. raise any question of loyalty? Can co. hold my all payments? if it is happen so what to do. earlier in our organisationit happend.
Guest
(Expert) 02 March 2011
I have already made a suggestion on the your similar post elsewhere. The same is repeated below for your guidance. It may however be pointed out that you will have to abide by the prescribed notice period, unless the shortfall is purchased by you and the salary equivalent to that period is deposited with the company.
Your joining the new company without acceptance of resignation can of course be treated as misconduct on your part as the company can treat you to have absconded.
The company can forfeit gratuity and other retirement benefits only if you are punished on account of misconduct by taking due course of taking disciplinary action.
The company however has no right to forfeit your PF balance.
Now there are two options for you:
1) To take the new employer in to confidence and get proper extension of time in the interest of your career.
2) If somehow or the other, the present company management agrees to relieve you before 07.03.2011, that will be much better. You may therefore please try to take in to confidence the head of HR of your present company and ask for his advice and help to agree on the deposit of the amount equivalent to your salary for the shortfall of the notice period, as that would be the best solution of all.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
