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vikkey   05 August 2016

Relieving letter and experience is not issued

Hi,

I need your advice on how do i get out the present situation.

I joined an organisation. I have been given offer letter, appointment letter, and was onboarded. My client joining didn`t happen for 10days. I sent an formal resignation email.

They were pissed at me for resigning after 10days of joning. They tried to retain but, i have made my decision of moving on. They did not want me to serve notice and said there is no exit formalities for 10 days tenure. I asked them for my separatoin documents - Relieving, experience letter.

They refused to give any such documentation and said we will not support your employment with us. After requesting, they sent an email saying " for short tenure less than a month, we won`t provide any separation documents and hence, your employment has been revoked".

I pleaded them for documents. I have not absconded, They have given appointment letter and onboarded me. I am willing to serve notice period too. At last they said they will provide resignation acceptance letter after signing a declaration ( I have not received the declaration form, yet).

New employer, whom i would be joining soon, needs an relieving letter. They say your background verification can not be kicked off without relieving/experience letter.

At this point, I have do not see any viable options to get out of this situation.I gave a thought about proceeding legally but, It might take long time and i need to join new orgainsation soon. Moreover, for background verification clearance, it would go to them. I do not want them to create any issues for me for proceeding legally. Please provide your valuable suggestions.



Learning

 7 Replies

adv.bharat @ PUNE (Lawyer)     05 August 2016

Vikey you had not specified the condition of your appointment by previous employer?

vikkey   05 August 2016

Bharat,

It states that I would be in probation period for 6 months which can be extended or lessened based on my performance. During this period, if either I resign or employer terminates, 30days notice is required. Post probation period, it`s 45 days.

Kumar Doab (FIN)     05 August 2016

You were in which state?

What was your designation and nature of duties?

What is this establishment; Commercial, Industrial?

What is its line of business?

What is onboarding and client joining?

 

Did you tender notice of resignation or resignation with immediate effect?

Did you mention in writing that you will serve full  notice period?

Did they block you from marking attendance and attend to office and serve notice period?

 

Apply your skills and resolve.

Was it stated to you that you will be place to client immeditely on joining? Was their any breach by  employer?  

Resignation is not misconduct. 

 

 

 

 

Were you not to be paid for 10 days or till you join a client?

 

What were you made to do after onboarding and 10days?

 

 

 

vikkey   05 August 2016

Kumar,

It is an IT consultancy service in Chennai. I was supposed to work at client office, Mumbai.

Onboarding - It is joining the firm.

Client joining - Start working at client office.

I sent them a formal resignation email.I mention that I am wiling to serve notice and when would be last working day ( Though, It is supposed to be 30 days).

I had to fill timesheet and send them over email. Which i did.

I was stationed at Mumbai. I had to wait for the client office ID creation. As per employment agreement, it does not state that they would immedidately deploy to client location.

Post my resignation, they tried to retain me but, I have conveyed my decision in polite way.

HR asked me to return the Bank account application forms and Bank Kit. I did sent those back.

Later, the HR mentioned, there is nothing else required. When i asked for separation documents, they said, we won`t give any documents and support your employment with us as you have resigned after 10 days of joining. Moreover, we will treat it as absconding.

Kumar Doab (FIN)     05 August 2016

You have posted that:

'I mention that I am wiling to serve notice '

This should settle everything.

 

'HR asked me to return the Bank account application forms and Bank Kit. I did sent those back.

Later, the HR mentioned, there is nothing else required. ' 

 

Narrate it, on record under proper acknowledgment.

 

'Moreover, we will treat it as absconding.'

 

Send your daily time sheet and mention that you are at your location/address.

Decline to accept that you are absconding. Escalate to good offices of appointing authority, MD and explain and demand to call back the false charges of derogatory term 'abscondment'.

 

You should be entitled to everything; earned wages for 10 days+ notice period and all dcos.

 

Prefer to settle maicably.

 

 

 

 

vikkey   05 August 2016

Though i send them emails to HR, I am not responce from them.

The above mentioned is what i hear from them when i continously call them and plead for my separation documents.

I am unable to get contact details of the MD of the firm. I just don`t want it to get any messy or piss them off because even if i receive my documents later, for background verification clearance, it would go to them. I`m worried about it.

Kumar Doab (FIN)     05 August 2016

They have already inserted abscondment in your personnel file abd they will reflect comments in BGV.

To defend your interest you need to counter and  deny abscondment and press that you were not allowed to serve notice period.

Without irrefutable written record you can face issues in future.

The adress of MD should be on the appointment letter issued to you or on website.YOu may also add that NO placement at client was given to you and NO stinker/show cause notice was ever supplied to you.

False information should not be posted in BGV.

Metter has been explained in detail.

Rest you have to act and build favorable written record.

Hope you are satisfied.

Beyond this it shall be chatting without any conclusion.

If you are unable to handle on your own approach IT/ITEs employees unions (there are many and effective) Labor Law Consultant and many employees have posted in threads that with the intervention by  unions, Labor Law Consultant  matters were resolved.

 

Rest is upto you.

 


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