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sandeep   12 January 2016

Relieving date and joining date are same

Hello Members,

I am in a difficult situation.

My current employer: X based in Delhi (My shift timings: 6.30 am to 3 pm), and

Future employer: Y based in Pune (Shift timing: 2 pm to 11 pm).

My current company has mandatory notice period of 3 months.  My last working day is falling on 22nd Feb (monday) and my new joing date at Y is also 22nd Feb.

i have tried to negotiate about my last working day at X for 19th Feb (Friday) as saturday and sunday are off. But if X is unwilling to releive on 19th.

What options i have? (Except convincing Y for a later date of Joining)

Will the following option be legal?

"if i take a leave on 22nd at X and Join Y in the 2nd half which is after 6 pm. My releiving date will be 22nd whereas my joining date at Y will be 22nd too"

Please advice me on this.

Thank you in advance.



Learning

 10 Replies


(Guest)

that may be controversial. x will cause trouble in giving your salary. you better convince y for a later date.

Kumar Doab (FIN)     12 January 2016

Agreed.

Get your shift timings and time of leaving on LWD/joining date,clearly mentioned in resignation/acceptance of resignation,service certificate,handover of charge,NOC/NDC,relieving letter, joining letter,joining report etc...........

sandeep   12 January 2016

Thank you for responding. Are you sure this will work? Will have no impact in further background checks and all?

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     12 January 2016

1) Agreed with the experts opinion stated above.  U cannot work with two employers on the same day.

 

2) U can join the new employer after getting properly relieved from the previous employer to avoid future complications.

Anand Bali Adv. (Advocate Solicitor & Consultant)     13 January 2016

The relieving of a person from his regular employment is always connected with his houres of his official timings in case the timings of the office are different and are not overlaping as you have narrated as above you can be relieved from one company and join an other company legally no one can make out any objection on that. Please note there is no hassel involved in it.

I suggest you please do join the new company in given circumstance freely and without any hassel in mind you are correct by law.

I am sorry for the experts who has advised you as NO.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     13 January 2016

1) First Company/ Previous Outgoing: The shift ends at 3 PM the same day at Delhi.

 

2) Second Company/ New Incoming: The shift starts at 2 PM the same day at Pune.

 

3)   Date of Relief from previous Company at Delhi and Date of Joining at New company at Pune is not practical.  The Service Certificates of both the Companies indicate the same date creates confusion.

 

4) Better join later properly without suppressing facts lest may lead to avoidable complications.

Kumar Doab (FIN)     14 January 2016

I have not posted that: NO.

I feel sorry for the expert for not properly understanding the posts by other experts.

I have posted and reiterate that the shift timings, time of leaving on LWD, joining date, joining report etc be got  recorded properly.

 

Agreed with other experts that have rightly opined and have brought out that  it may not be practically possible to leave at Delhi and join at Pune on the same date.

 

The current employer can relieve before the shift ends.

 

You need to work out the matter with current and future employer.

 

 

 

sandeep   14 January 2016

Extremely thankful for the replies. I think if I am taking a half day on 22nd and catch a flight to Pune at 1 pm, I ll reach by 4pm and join at 6 pm.. Is it having any negative consequences? Provided if I am getting the reliving time and joining time noted in respective letters.

Kumar Doab (FIN)     15 January 2016

Submit half day leave aplication (mention time) and obtain approval (with time).

Obtain joining letter (with time).

Downlaod and safekeep copies of ticket/boarding pass/flight shedule -time etc.

 

What is your hurry and reason to join on the same day? Why can't you postpone the joining by  a day?

The current employer might not issue handover of charge/NOC-NDC/Exit forms on the same day, and you may have to turn up for these.

 

 

T. Kalaiselvan, Advocate (Advocate)     17 January 2016

Agreed with the experts views and suggestions, nothing more to add. 


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