jawu Started The Discussion:
I am working with a software company from Last 1.2 Years. I have got an offer from another company. they required me to join on 2nd April 2007. I have given my resignation on 13th Mar 2007. I have given notice till 31 Mar 2007. In my appointment letter it is mentioned 1 month notice or 1 month salary for both the parties. I had discussion with my C.O.O. I am ready to pay 1 month Sal. but still he is not ready to relieve me.
My new employer is ready to join me without relieving letter. Yesterday I recieved a mail from HR stating that "your resignation has been rejected and Your resignation will not be considered until you satisfactorily complete all the projects assigned to you,
neither will you be released from the organization till then."
If I goes without rlieving letter can my old employer take any Legal action. Please give your suggestions.
Your case seems to be very strange, I wonder the company recruiting you with out any relieving letter, your ex- company will have right to send a legal notice only when you did not clear your dues, But as you said you will pay the 1 month Notice period amount the company should relieve you, otherwise is that your company is not relieving, as you have signed any bond to stay more than 1.2 years because it will be a breech of contract,
otherwise nothing can stop you, but make sure you clear it or give it in writting that you will pay them the notice period.
See that from your side their is no fault.
As per any company policy the employee has to give 1 month notice period.
As you have agreed to pay one month salary for releaving you, and i think it is no where mentioned in you company rules that you have to complete all the projects given to you while you are leaving and you have not signed for any agreement like that i suppose, so company cant take any legal action by this statement.
I don't see any strong or valid reason for your organization to hold you until you complete their pending projects.As per the regular HR practice & policies they have already penalised you sufficiently by holding your 1 mth salary.. They are just being unreasonable.I don't think they can take any legal action against you.
Your case seems to be very strange. Its good that your new employer is ready to accept your services without your relieving letter. But make sure about all the terms and conditions before joining in writing.
As far as ur present job is concerned, i dont think your current employer can take any legal action against you as you are ready to pay one month's salary as specified in their rule book. Moreover u have not signed any agreement or bond with them. . And i hope its no where mentioned in the Company's rule book or in your joining letter that you have to complete your present assignments successfully before leaving. Thus you are a free bird to join any company as per your will and wish.
All the best.
When you sit alone and put your self in the shoes of current COO, may be you may come to a conclusion.
Though you are ready to pay for notice period, who will make up the pending jobs left aside. Is there any person who has taken over your responsibilities, or is it a project which may effect current company growth in terms of employee morale or revenue. Please think it over, however ask to extend the joining date with your new company. Or sit with your current COO and ask him as what best could be done.
No boss thinks on one side, may be the situation has made him tell so.
Imagine that you quit and go the new company, still your inner sense will not give you piece of satisfaction and further you may not find the job satisfaction and end to hunt for another new job.
I would suggest you to speak to your COO and ask him itself for a solution and then may be you can proceed accordingly.
Walk out with a pride and honour same as you joined the company on first day.
All the best for your future.
If you have signed a bond then you are bound by that bond provided the same is in accordance with law.
Employer can't force an employee to continue in service if employee does not wish to work and in your case as your employer can at the most seek one month salary as compensation subject to bond, if any.
You are not a bonded labour.
p m patel
It really seems strange to me,
1. How the new employer will recruit you without any relieving letter.
2. Why the old employer is not ready to give you the relieving letter? If such problems with management discuss with them and convince them for a relieving letter or you can give a written doc for paying a month salary as recovery , you should get a copy of this document with you signed by the concerned person , Otherwise it may attract some legal proceedings.
A HR person should not be in a legal proceedings loop at any point of time.
As Eshwar told, and I am also agree with the same that :---it is no where mentioned in your company rules/ in your appt. letters/ offer letters or in any other operational manuals of the company that you have to complete all the projects given to you while you are leaving the company.
Discuss this with them and try to get a relieving letter.
Dev P. Ray
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