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SHRIYA KARVE
8

Hello Shailesh,,,
We both seem to be in the same boat...the only difference is that my current employer is demanding my one month gross salary as I am leaving the org in my Probation period..But I too dont want to budge as this is my first sal...My current employer wont give me relieving letter as a result it only delays my joining formalities in a new org.
Lets hope that only time will heal our problems!!!
All the best!!
Regards,
Shriya karve.

From India, Mumbai
pulipaka_ramarao
19

Dear Friend,
Relating to the above, you have not mentioned the notice period which have been mentioned in your appointment letter and the clause has mentioned in your service rules/standing orders. your management abided the terms and conditions as per appiontment letter and relieve the employee from service for any reason whatsoever after one month notice.Has your management informed your resignation has not accepted under the follwing reason i.e. dues pending etc., or otherwise it is not valid to take any action after completion of notice period.you can approach the labour department for necessary action.
Regards,
Ram.

From India, Chennai
hrd_values
2

Dear All,

Please be informed of the following :-

Please after submitting the resignation letter, try to get the resignation accepted letter from the present employer.

Every company will have the clearence / no due certificate formats, fill up the formats and get the verification no dues from accounts department.

Then comes the employees duties and responsibilities handing over format. Fill up the format or if you do not have a format, list down all your job descriptions functions and the pending works if any (try not to mention any functions not relevant to your jobs), hand over the copy to your reporting head and get his / her acknowledgement in the copy which is retained by you for your records.

Any laptop, or computer stationaries, if to be submitted, get their acknowledement in the copy for your records.

Fill up the exit interview format and retain a copy with you, before handing over the same to the management.

Ascertain that you do not have any financial dues to be paid to the company like petty cash balance, advance loan balance, advance against educational assistance, Training undergone at company expenses and surety bond signed between the employee and the employer, Important documents like personal files of employees, original certificates etc.

If you are clear in all the above, you do not have to worry for the releiving order at all.

Now a days, the employers do not ask for releiving orders and the demand for experienced manpower is so high, the new employers will not wait for one month notice at all and you can join the new organization.

So keep on moving up and look back of the present employer. In certain cases, the present employer will deduct one month notice pay from your salary.

Dont get bothered, just go on to the new job and the loss incurred, can be gained in the new organization.

Further with all the copies of acknowledgement for various handing overs, please submit a letter to the present organization's HRD department, GM Operations and the Managing Director of the company requesting for the releiving order or atleast the service certificate.

You can also make referrals from HRD Network groups lead by senior HR executives, were they can inform the company administration to releive from the services accordingly.

Hope the guidelines will be useful to all and any clarifications and suggestions are welcome.

Regards,

Saravana Kumar K


From United Arab Emirates, Abu Dhabi
sujata1jan
3

Hi Shailender
Swastik is very right. Start communicating the things in written. Once you have a proof of all written communication, you can take legal action against company provided you have served your notice period and have cleared all your dues also.
Organisation also need to understand that every employee need growth and they should infact wish them good luck if employee has done its job well and leaving the organisation with good note.
Cheers
Sujata

From India, Faridabad
roomynaqvy
This is certainly a bad practice on part of employers and Indian employers tend to be short sighted, they don't seem to understand that employees keep on moving from one place to another and if employees serve the notice period, it is highly unethical to do something of this sort. Also, Indian employers don't understand that by holding employees who wish to go, they are forcing employees to become disgruntled, even if they remain quiet, and a disgruntled employee, an employee without any motivation, is a loss in the long run.
Roomy Naqvy

From India, New Delhi
sushil_tiwari1123
2

Dear Shailesh,
Plz read your appointment letter, if there is any clause which said that you can leave organization on one month notice then they have to releave you with your all formatlity, I think you have to wait for one month. they may try to presuraise you.
Regards,
Sushil

From India, Mumbai
swati.jain0104
5

Dear Shailesh,
In most of the companies these days the releiving letter and full and final amount is released in a span of maximum 45 days from the last working day.
As a requriement at the time of joining, the new employers accept the accepted resigantion provided by the new joinee and later on receipt of the releiving letter, it is submitted with new employer.
You have mentioned that you have served the required notice perioed, hence there should not be any problem. As mentioned by one of the members, please keep informed your new employer about the probable date of receipt of releiving letter. You can ask for a written communicaiton from your old employer.
Please be calm and concentrate on the new responsibilites coming your way.
All the best.
Swati Jain

From India, Bangalore
ShaileshSingh
Dear All,
Thank you all for your involvement.
At my end, I have served the required notice period of 4 weeks and have completed all the Knowledge Transfer and required formalities with the current employer.
I agree with Geeta that the old employer is not an enemy and we should try our best to ensure that their functioning is not disrupted. As a matter of fact we should ensure a smooth exit and make sure we do not burn down the bridges.
All I expect that the employer behaves fair as I have been fair and clear about all my dealings with the employer. The other thing is, had I been fired, and given 4 weeks notice or notice pay, I would have had to accept it and would have to start looking for a new job.
The problem is we do not have any means to ensure that the employer behaves fair with us....and the employer always has an advantage....

From India, Mumbai
United Merchant
2

Nobody can withhold salary for the days already worked, at the most they can hold future salary on grounds of further investigation if you have done something wrong. In your case this does not arise as you have already left the job after serving notice period. I agree with the advice given that you must write a letter (non agressive) stating that you have as per the appointment letter given due notice and therefore your salary should be released. But it is important that you have followed all the other procedure, eg: NOC from accounts, if that is mentioned in your Company policy. Similary what if you complain to labour officer. I'm not sure of this step, hope others can put some light if this step can be taken in obtaining your salary.
From India, Mumbai
sanjeevntpl
7

You Tell Your New Employer That The Previous Employer Wants You To Continue And As Such Not Relieving. In The Mean Time You Can Mark A Copy Of Your Resignation To The New Employer As A Proff That You Have Resigned From The Earlier One And Can Shw Your Appointment Letters And Related Documents To Prove That You Have Worked For The Said Organisation.
From India, Delhi
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