Resignation

kiran (Querist) 24 March 2012 This query is : Resolved
Dear Sir,

My resignation has not been accepted at the organisation where i worked earlier. The are now saying that that they will send me a legal notice to me and the company where i joined for not serving the notice period. (45 days) The reason they are giving is because i was absconding. I had to join the new organisation within a week from the date of my resignation. On my resignation i have requested them to relieve me by a specific date as i had to join my new organisation the very next day and they were not ready to postpone my joining date.

How ever when i joined my previous organisation last year in june i was under probation for 06 months & i got confirmed in december 2011 but i did not get any confirmation letter from the organisation, so legally i have not signed any document other than acceptance of the offer & secondment letter in which nothing was mentioned regarding resignation.

They HR at my previous organisation was saying that i will not get any clearance, relieving letter and experience certificate.

Please advise

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ajay sethi (Expert) 24 March 2012
once you have accepted the offer letter it amounts to a contract . your previous organisation must have given you a appointment letter specifying the terms of appointment . what was the notice period specified in appointment letter?

if it clearly mentioned that you were required to serve 45 days and you have failed to do so you are in default .

reach an amicable settlement with your previous organisation .

Guest (Expert) 24 March 2012
If you have not received any written refusal of the previous employer in response to your resignation notice to relieve you by specific date or any notice about your unauthorised absence shortly after you left the company, any legal notice by the company can appropriately be challenged.

kiran (Querist) 24 March 2012
Dear Sir,

There was nothing mentioned in the offer letter regarding the resgnation and notice period

Guest (Expert) 24 March 2012
Don't bother about any verbal saying by the HR of your earlier organisation till you actually get any notice in writing.

Shonee Kapoor (Expert) 25 March 2012
Rightly advised.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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