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kumar (TL)     16 July 2010

NOT ACCEPTING RESIGNATION AND NOT WILLING TO RELIEVE

Hi Experts,

 

This is Kumar. I am working as a software 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 4.10 years. This is my first Job. Getting a relieving letter is very important for me.

 

 My current company sent me to onsite (out of India) for a month 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 Kumar.



Learning

 10 Replies

kumar (TL)     17 July 2010

Helooo Experts,

I am waiting for your valuable inputs.It is contuition to above details.My HR Manger decessionis totally dependent on my manager's decession so i wont get any help him.

Please suggest me .How  can i join my new job ? New company is ok without resignation letter and new company is aware thay my current company creating problem intensionally.New company HR told that they are happy with my knowledge and taken approval from their MD to accept me without relieving letter.

I have around 50 leaves and 1 lakh PF with my current orgnization.I want to get all those without fail as i am serving the Notice period as per company policy. Getting a relieving latter is important for me.

Please help me out with your valuable suggestion and let me know how to proceed further to make my exit from my current company in a  smooth manner.

Thanks in advance

 

 

 

 

kumar (TL)     29 July 2010

I waiting  for your valuable inputs ...

venkatkrishna (AGM)     01 August 2010

Dear Kumar

Once the  mandatory notice is issued,  you need not wait for their relieving letter.   It  the employer fail to relieve you or not showig any interest to relieve you you can walk away  happily  on completion of the  2months Notice period.

Before leaving  you  ensure   your  self that  you  do not leave any  scope to the employer  to pull you in to litigation.    All your job  related  responsibilities  as per your employment  contract you have to full fill.  Once you walk out  it  for th employer  to settlel your A/c,   else  it  is an offence. 

Regarding Your visit  to foreign are you sure that  there were not  conditions  or responsibilities put on you.  IF not well ,  you can  leave.  

The last  part of  your  query is  of documents.  Are you maintaining a record of your employment  since  your  appliation,  offer of appointmnet,  your accepance,  monthly  salary slips,  any  memo received by you,  any appraisal reports,  awards, rewards  etc.,  

The  Employer  cannot  touch your PF, your  E.L etc.,  Your employer  is bound to follow the  law and rules of the land.  Just they are trying to  creat a fear in your mind  or  trying to force you not to leave.   Job is your fundamental right.  No one can  do harm to  it.  

Regarding PF  there is a condition.  If you  are not employed for  next 6 months  you are elegible to withdraw else you have to   transfer the A/c  in the name of new employer  for that you have to submit your application either  direcdtly to PF  office or through your  new  employer.

Once  your A/c is  cleared,  it  is nothing but  relieving you from your responsibilities.  For that no separate letter is required.  I dont think  relieving  letter is  an important documents.  Now  a days  all most  all employers  only to harras  leaving employees,    not issuing relieving letters.    Dont worry it will bother you any more.

Feel free to write again for any  doubt.

Devesh A. Bhatia (Advocate)     02 August 2010

I agree with Mr. Venkatkrishna. You make sure that you have written record of your resignation and also the dated receipt of the same. 

If not, send an email, letter, registered AD to your manager and HR department. If you are hand delivering the letter get it received from the department. 

Content of that letter should state that you are informing the company that one month has elapsed from your date of resignation and only one more month is left. If they have any objection to this then kindly raise the issue. 

kumar (TL)     02 August 2010

Dear VenkataKrishna,

Thank you for your valuable suggestions
Regarding Your visit  to foreign - I didn't gave any commitment to the Organization.
I have the following documents with me from my current employer :
1.Mail copy of my resignation
2.Pay slips of last 6 months
3.Salary Apraisal  letters
4.Form-16 of last 3 years which i recieved from current Employer.
5.Official Mail communication proofs which were telling that i worked the entire 2 months notice period

Please let me know if i need to keep track on any addtional details ..

Thanks,
Kumar

kumar (TL)     02 August 2010

 Dear Devesh,

 Thank for spending some time to fix my problem.

-I have a email proof of my resignation letter.

-I will send a mail to Management including my HR department saying that my service is going to elapsed within 15 days and I need a response from you people so that the trasition will be smooth.

 

I also have the copies of documents from my current employer :

 

1.Mail copy of my resignation

2.Pay slips of last 6 months

3.Salary Apraisal  letters

4.Form-16 of last 3 years which i recieved from current Employer.

5.Official Mail communication proofs which were telling that i worked the entire 2 months notice period

 

Is there any chance of  creating problems by my current employer  by sending /calling to the  new Employer and telling some clueless stories about me.I am a bit worries about this .

 

Could you please guide me what to do…

 

Thanks,

Kumar

Devesh A. Bhatia (Advocate)     03 August 2010

Kumar,

Have you told your current employer about your new employer? If not then dont tell them the name of your next employer. 

Normally companies don;t do anything formally to jeopardize one's career but there are some bosses who due to their ego issues spread a bad name. And industries now a days have become very closely connected as everyone has contact in competitor firms. 

If possible leave on a high note with your immediate boss. 

Employers now a days also know the difficulties in getting the relieving letters as sometimes they themselve create trouble for their employees. 

So your new employer will understand even if you are a little short of complete documents. 

Gaurav Kumar (Asst. Manager)     24 November 2010

Dear Experts,

I am stuck in a similar kind of problem. I am working in a limited company in India for last 3 years. I have given resignation on 14th Sept 2010 and it was "recd. and signed dated 15th Sept 2010" by my reporting head. I have not mentioned any relieving date required by me, in my resignation letter. In my present company my notice period is of 3 months.  But i want my relieving earlier than 3 months.

After giving my resignation i send an e-mail to my present company asking for relieving  by 13th of Nov 2010 which is as follows: -

"
Subject: Relieving from Services on resignation w.e.f 13 Nov. 2010

Dear Sir,

In continuation of my resignation dated 14 Oct. 2010, i must be relieved on 13th Nov 2010 as i have to proceed on training in the new company with effect from 15th Nov 2010.
Please adjust my remaining notice period from my due leaves or/and full and final as per company norms.
If the office needs any formality to be completed by me, i may be informed.
 "

To the above e-mail they replied; which is as under: -

"
As per the terms of your employment with the Company, you are required to serve three months notice which period will expire on 11th January, 2011.  As such,  you will be relieved latest by 11th January, 2011.

Regards,
"


My agreement with the company reads as under: -
"
Notwithstanding anything to the contrary herein, either party may, during the tenure of your service terminate the same by giving to the other party not less than three months' previous notice of termination in writing.

Further, the Company shall, in addition, have the right to terminate your services at its sole discretion at any time without being required to state its reasons for doing so on payment to you of three months' salary in lieu of notice and proportionate commission when due and payable.
"

Now i am able to get extension from my new company where i have to join on and before 29th Nov. 2010. (If i join on this date i will be serving 1.5 months notice instead of 3 months)

I have clearly told my seniors about my joining date and its urgency. But they are saying that u have to serve 3 months notice period as we are not able to get a replacement for you. Further they are verbally saying that if you join new company we will terminate you officially, wont give you relieving letter & experience letter and will not give any pending dues etc.

My due leave in the company is 64 days.
Please guide if i can join new company within my 3 months notice period without any legal obligations.if i join new company before 3 months will my present company hold my dues, relieving certificate and experience certificates etc. What are the legal formalities i need to do before joining new company???

All my colleagues have been relieved within 1 month till date so there is no similar case like mine in this company.

Please help and advise


Thanks a lot

Gaurav

sourabh (engineer)     21 June 2013

  
Dear Experts.,
      This is sourabh. I am working as Engineer, I want to leave my current Organization. As per the company policy we have to a notice period of 1 months.
 I resigned Through Mail on 10/06/2013, but still employer not showig any interest to relieve, still i do not get any acceptance of resign.
So, what to do if employer do not relieve after completion of 1 month notice period, and what about A/c settelment.
 

Sarita   26 April 2016

Hi, I resigned from the central govt. job without serving the notice period to which I didn't got any reply for 9 months from the employer. My appointment letter has the requirement of 6 months notice period. Now suddenly after 10 months recieved a letter asking me to pay 6 months salary. Is there any remedy left for me to not to pay?

 

Thanks in advance,

Sarita


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