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  #1 (permalink)  
Old 27-06-2008, 06:12 PM
pnagdev's Avatar
Join Date: Jun 2008
Posts: 3
Default Releiving Letter Issue

Hi,

I am a Software Engineer. Recently I joined a New Software Firm on 20 May.
My Previous Software Company was Terminating the employees on bulk due to Unknown Performance Issues (as the company was not having more Projects).
So I left the Company within 3 months of my Joining.
When i approached my Project Manager he refused to relieve me. I anyhow absconded and Joined the new firm for the sake of Job Security.
Now my Previous Company PM is not interested in paying my last month salary nor giving me the Relieving letter and Experience Letter (which is legally wrong). In my appointment letter it is mentioned that you can pay 1 month salary in lieu of notice period.
What Should I Do. Should I file a Legal Notice to my Previous Employer.
Please Suggest. I want my Documents at least.
Moreover, I was not interested in Job Switching. They Compelled me to do for sake of Job Security.

Regards
Pankaj
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  #2 (permalink)  
Old 27-06-2008, 06:30 PM
ash.pgdm's Avatar
Join Date: Jun 2006
Location: India
Posts: 122
Exclamation

Hi Pankaj,

As i understand, you have not resigned formally. It's an issue where you will fall under absconding cases. If you had another offer, you should have resigned and then joined another co. We all take things lightly, because of which, we get into trouble. This shows your casual approach towards your job responsibilities.

However, it depends on your company now to accept that you have already left. Talk to your superiors once again, talk to HR and try to convince them. If required, send mail to CEO / MD.

Taking a legal route would not help. If you are willing to pay notice period, they should relieve you after formalities.

If we show unprofessionalism ourselves, we should not expect the company to be professional. right?
  #3 (permalink)  
Old 30-06-2008, 11:11 AM
pnagdev's Avatar
Join Date: Jun 2008
Posts: 3
Default

I think I was not able to tell you exactly my situation.
I told my PM that I want To Resign within 2 days. In my Project there were 8 more people working on some task which was in general the task of only 3 people i.e. 5 resources were just for assistance. My PM could have relieved me but he didn't.

I have given resignation on the very basis that In my appointment letter it was clearly mentioned that if you do not give a notice period then you will need to pay 1 month salary. It is totally professional approach.

Please tell me How I behaved Unprofessionally?

I have talked to my PM but he is not showing any Interest in giving me my documents.
Recently my friend was fired from the same Company without notice and was not given any relieving documents and salary for a silly purpose.

See I have got a job and presently do not need the documents but in future how can I need proof that I have been working out there and so I require the Documents.

I just wanted to know that if I fire a case against them. Am I Correct?
Because, legally I need one of the two :
1) Either the 29 day salary for which I worked there an was not paid.
2) Or They should give me documents (Relieving and Experience Letter).

Please Suggest again .

Regards
Pankaj
  #4 (permalink)  
Old 30-06-2008, 11:18 AM
pnagdev's Avatar
Join Date: Jun 2008
Posts: 3
Default

I forgot to mention 1 thing. I have given a formal Resignation Letter to them and asked for relieving me within 2 days. But my PM told that you need to complete your notice period (30 days) and then we will relieve you.

But I have given my Resignation based on the fact that I could be relevied within 0 - 5 days ( as per my appointment letter if I pay 1 month salary ).

Regards
Pankaj
  #5 (permalink)  
Old 30-06-2008, 11:25 AM
Raksha Rao's Avatar
Join Date: Mar 2007
Location: Mysore
Posts: 39
Default

hi Pankaj,

I understand your situation , but as you only have mentioned that in your appointment letter it is told that you have to give1 month notice period or 1 month`s salary, but to my understanding you have given only 2 days notice which is not ethical....

so now you cant expect company to pay you salary or relevant documents...and casing a file aganist them will also not work... but you can try and convince the HR or Project manager to get the relevant documents in a smoother way.... and make them understand your problem i am sure they might understand... this is my opinion.....

Raksha Rao

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