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Pritish (Sr CCE)     16 August 2011

Query

I have been with this present PVT LTD company in gurgoan since Feb'2008 and i resigned on 20th July'2011 serving notice period of 30 days as per the terms and conditions as per company rules. Accordingly my last date of working is on 20th August'2011 but now my manager told me that he will no release me on my release date.

Is there any law that can help me to release on 20th Aug'2011 as i have been selected be a different company with better growth and benefits and my date of  joining is on 22nd Aug'2011?

Is there any law that can be applied in order to pacify my manager to provide my relevant/experience letter or acceptence of my resignation so that i can join the other company?

Kindly advice how to go ahead in order to do the right thing at the right time legally?



Learning

 2 Replies

Naveen Kumar (service)     16 August 2011

Issuing experience letter is not mandatory for companies and there is no such laws.  How ever you  hav completed your 30 days notice period, but you hav not mentioned whether u hav received salary for that month or not ? Once u receive the salary just ask them for your attendance register & your resignation letter.  So than u can show the same to your new company HR and convenience them. 

Pritish (Sr CCE)     17 August 2011

Thank you Naveen for you valuable advice.  As per your advice, i would like to specify that my notice period will be over on 20th Aug'2011 and the salary for July'11 is paid in cheque on 16th Aug'11 (Salary date 15th of every month). According to your suggestion, i will certainly ask for the attendance register and i have sumbitted my resignation through my company's email id marked to Manager and CC to CEO & GM of the company and i have forwarded the same to the HR. I have also kept a print out of the same resignation mail.

The other company is asking for the acceptance of my resignation or my total experience from my present company. The main problem is that i dont think that i will be provided with the either one but yes, definately i will try to convince the HR by providing my appointment letter and my resignation letter with the present company.

The only thing i wanted to know that is there any legal way to approach my present company's management incase they deny providing the acceptance or my experience letter. looking forward for your valuable advice.


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