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.
Kirti Kar Tripathi
(Expert) 02 March 2011
no, they can not withheld your terminal dues. nor it is a case of absconding. however, they can withheld your reliving letter,you can not do anything except to take legal recourse, the can withheld the same even after accepting your resignation thus my advise is to take your new employer in confidence and explain the position.
Guest
(Expert) 02 March 2011
What is the notice period, as per the offer letter of the organization or the agreement entered in to by you 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.
So, as per Kriti Kar's advice better take the new employer in to confidence and get proper extension of time in the interest of your career.
If somehow or the other, the present company management agrees to relieve you before 07.03.2011, that will be much better. You may please try to take in to confidence the head of HR of your present company and ask for his advice and help, 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]
