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surya prakash (Technical Architect)     11 July 2013

New employer postphoning the joining date after resignation

Sub: New Employer postphoning the Joining Date after resignation with current empoyer...


I have got offer from a cmm level 3 company in hyderabad. And I have given confirmation to the offer. After putting papers & getting releaving from my current employer now the new employer  is rethinking about my offer letter, and asked me to wait for atleast a month.

I am in such a difficult situation, i could not afford to sit idle and with no salary. i spoke to the HR they were simply saying sorry, and discussing with top management. So far they were  talking politely but it won't solve my problem and wont pay my cheques.

Can someone please guide me how solve this problem.


 4 Replies

Mohammed Ameenuddin (Sr. Legal Manager)     12 July 2013

Though you have received the offer letter, but, whether you have signed contract with new company or not that  is very important. If you have singed the Contract, then you will have a claim on termination.

Sudhir Kumar, Advocate (Advocate)     12 July 2013

जब तक नौकरी मिली नहीं,  तब तक नौकर मालिक का रिश्ता नहीं बना, यदि कंपनी सरकारी है तो बताएँ

surya prakash (Technical Architect)     12 July 2013

Yes, I have accepted. confirmed the offer letter giveny  them. They also acknowledged through email. Also they sent me an email saying "they are some situation because of that postphoning my joing date atleast one month (not even concluding a month).

Kumar Doab (FIN)     14 July 2013

The language and statements in the offer letter, communications exchanged even if by emails………… should be carefully studied.

Is it stated that on the day of joining ( as stated in offer letter) candidate has to submit copy of resignation letter, its acceptance, relieving letter, NOC/NDC etc………………?

It is obvious the employee shall resign properly from current employment, complete the exit formalities for proper relieving, to join next employer……………….until or unless both the current and next employer have stated in writing that they have no objection to parallel employment.

Is it stated in offer letter that the offer for a particular project only and if the project is suspended the offer shall be deemed as if it has never been made…………..

Is it stated that if candidiate does not join the candidate has to compensate the company by paying a sum of Rs..........................????

Since you are jobless, you may negotiate with past employer so that you are taken back without any discontinuity in service…………………..or firm up another venture as ap……………….and stake your claim on full wages till you are absorbed in employment by the company which made an offer of employment to you against proper resignation/relieving  from employment in hand……………………….

In such cases al transactions should be made with company in writing under acknowledgment, transactions should be recorded (audio/visual), witness/evidence should be built,  trade unions, lawyer/law firm should be approached.

All other options e.g. community leaders, influential and reputed acquaintances may be involved for a resolution.  

Any option which can fetch results should be explored.

Valuable advice of learned experts/members is sought.




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