cpc

how to releave from my present organization


 

This is vara prasad. I am working as a  software design engineer . I having problem with my current Organization. As per the company policy we have to a notice period of 2 months.

But company is not willing to relieve me even after serving the 2 months notice period. I am working in this organization for last 2 years. This is my first Job. Getting a relieving letter is very important for me.

 

 My current company sent me to onsite (pune) for a 2 months where I have to train few guys. My reporting manager confirmed that we don’t have any commitment or bond to stay for these many months in the current company after coming from my onsite visit. As per his words I agreed to go to onsite trip. I got a good offer in a good company so I resigned my current job after coming from my onsite trip.

 

Now my management is not willing to relieve they are asking to me stay at least for 3 months after that I have to serve 2 more moths as notice period so a whole I have to server for 5 month to get the relieving letter. These details are not intimated to me before going to my onsite trip. Now management is forcing me to stay back. I didn’t took back my resignation .One month is already over and yet to server one more month as per company policy.

 

The new company in which I got job is willing to accept me without my resignation letter from current organization but I want to exit with all document and full n final settlement. I tried to convince my project head but they are not willing to relieve me.

 

Please suggest me ….I need your valuable inputs.

 

Thanks in advance vara prasad

 
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Consultant & Legal Analyst

 

Originally posted by :varaprasad
"
 

This is vara prasad. I am working as a  software design engineer . I having problem with my current Organization. As per the company policy we have to a notice period of 2 months.

But company is not willing to relieve me even after serving the 2 months notice period. I am working in this organization for last 2 years. This is my first Job. Getting a relieving letter is very important for me.

 

 My current company sent me to onsite (pune) for a 2 months where I have to train few guys. My reporting manager confirmed that we don’t have any commitment or bond to stay for these many months in the current company after coming from my onsite visit. As per his words I agreed to go to onsite trip. I got a good offer in a good company so I resigned my current job after coming from my onsite trip.

 

Now my management is not willing to relieve they are asking to me stay at least for 3 months after that I have to serve 2 more moths as notice period so a whole I have to server for 5 month to get the relieving letter. These details are not intimated to me before going to my onsite trip. Now management is forcing me to stay back. I didn’t took back my resignation .One month is already over and yet to server one more month as per company policy.

 

The new company in which I got job is willing to accept me without my resignation letter from current organization but I want to exit with all document and full n final settlement. I tried to convince my project head but they are not willing to relieve me.

 

Please suggest me ….I need your valuable inputs.

 

Thanks in advance vara prasad
"

 

Dear Prasad,

When the management failed to keep its words given to you earlier, what is the guarantee that they would relieve you even after 5 months?

 

I don't hink discussion in open forum may help you to get some real solution for you.  For real solution, you may need to be in touch with some experience professonal

 

However, in general the following remedies can be suggested to you:

 

1) Openly discuss the present situation with your new employer and tell them frankly that you would not be able to produce the relieving letter from the old employer due to the prevailing circumstances.

 

2) If your new employer agrees to take you in service, you may have to stop going to the old organization after the end of the notice period treating yourself to have fulfilled the required conditions of notice period. The company may try to harass you by verbal/phonic threats to sue you in a court of law or to blacklist you. BUT, legally they won't have any ground to do all that. Company does not enjoy any right to forcibly retain you after you have already fulfilled the conditions of the notice period.

 

3) For experience certificate, if needed, you will have to send notice later or even to sue the company for issue of the experience certificate, as the company can't deny you the experience certificate when you have already served the company.

 

4) As a matter of precaution, you may need to just create evidence in your favor about fulfillin he conditions about your resignaion and failure of the company not abiding by its own terms and conditions. Just send reminder in writing to the company, under receipt from the Receipt & Despatch Cell of your company or through Registered Post asking the management to intimate you the progress of the resignation matter, whether being accepted or not, and if not the reason for that. I am sure they won't respond to any such reminder also. But don't keep silent. Remind them every week or 10 days and finally a week before the completion of the notice period informing the company that in the absence of their response you would treat yourself as relieved after completion of the notice period at the risk and responsibility of the company only. The last reminder letter may or may not get you response. Probability can be 75:25%. Even if the company doesn't relieve you, you would be free to treat yourslef relieved, as any further action by the company may not have any validity in the light of the record you created in your favor.

 

PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381

[dcgroup1962@gmail.com]

 
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Sr. Manager HR

Dear Mr. Prasad,

Mr. Dhingra has very rightly guided you on this matter. One more thing I want to suggest is that Email is also an important and legally valid method of intimating and correspondence and its record can be used in the court.

Thanks,

Avinash

 

 
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FIN

 

 

Learned members have given their valuable advice, and you should build favourable circumstances.

1. You must have submitted "Notice of Resignation" and not resignation letter.

2.You must have submitted "Notice of Resignation" under acknowledgment e.g email read and receievd,

AD of Registered post.

If you have submitted by hand obtain company seal on your  copy from concerned desk, and obtain the date of actual submission on your copy.

3.Send the followup letter (preferably thru inland registred post i.e type or write on the page and then fold and convert it into envelope and affix postal stamps and book as registred letter and obtain receipt), and record that you have represented to Mr.....on dated ...........and Mr.............on dated..........and have clearly appraised that you shall be resigning on dated...........as already mentioned in your notice of resignation dated............submitted on .................vide email dated..../registered .........under acknowledgment.

If you have sent regsistred post you may obtain acknowledgment and POD of all registered posts by applying at concerned Post office and affixing Rs.10 stamps on your application.This shall be highly useful.

4.You may mention that you have completed all asignments /projects and all work assigned to you should be keeping in mind that you shall be seperating on dated ...as per our notice of resignation.......

It shall be appropriate to address all communications to your appointing authority.

You may mark a copy to your reporting authority,HR-Head.

5.Compile the list of all company property e.g. ID card,visiting card,laptop,etc...and you may mention that as per your records the company items with you are ...........and request them to confirm the same, and to whom company property needs to be submitted under receipt.

6. Hope you have not signed on any other document during,beforer,after, your onsite assignment e.g any adittional conditions to your employment,corrigendum.

it shall be important that you check your records and discreetly confirm with oncerned HR personnel, and arrnge to do the neeful.

7.Each industry includig yours has its own compulsions.

If your prospective/next  employer is willing to accept you without resignation letter, it may be good for them since they shall be getting a person having skill/qualification/education/experience required by them hance satisfying their need and purpose, but this does not exonerate you fro your legal and professional responsibility, hence you should complete all due formalities in writing and under seal and signature of the competent employee of your current employer.

As adviced by learned members you should expres yourself to your next employer in writing under receipt.

8 If you have not signed any adittional condition to your employment other than as in your first employent letter,or if no other communication other than your appointment letter has been communicated to you, you can resign on the date as in your notice of resignation and send a formal resignation letter as suggested and under acknowledgment,and in the same letter you may rase your claim to supply you, acceptance of your resignation,work experience letter,F&F,PF accumulation reports,Form 16, NOC,NDC,relieving letter ,any other relevnt document,and you may ask for  receipt of company property, and to pay your dues within .......days.

9. You can submit copy of your formal resignation letter with copy of its desptach detail,acknoledgment to your next employer and you may mention all documents submitted by you in your employment forms submitted to your next employer and obtain an acknoledgment of the same.

During this phase you must have learnt that you shall have to wriggle out in your ventures .

Act smart in your future ventures.

 
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BE/ LLM in Corporate Laws

Many professionals write in these forums about such problems they face with their employers. The learned members also give them some remedies to get out of the situation. But I have a different take.

Its true that the right to profession is enshrined in our constitution as a basic fundamental right, but at the same time there is contractual relationship between an employer and an employee. The maintenance of sanctity of this contract is a duty of the employer as well as the employee. The employees sign the employment-contracts with their free will and then later tend to breach this contract with their wills and wishes.

The employee should first try to maintain the sanctity of the contract by clearly informing his new employer that he has certain contractual obligations to fulfill with his/her previous employer and he can join the new employer after fulfilling the obligations. In case the new employer wants the employee to join immediately he /she has to inform the previous employer regarding the same. At best, the previous employer can impose some panalty and that too, reasonable for breach of the contract.

In case an employment contract states that an employee has to give Two Months notice before resigning and there is no mention of the consequential penalty in the contract if the employee resigns earlier than two months, the employer does not have much to say because the employment contracts are drated by the employers themselves.

 
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