shonroy
Hello ,

I am currently working in a small sw services firm , our company is a totally a project based firm , now the thing is when i joined the firm they had a good on going project and they trained me well for that project, however shortly after that there was news that the project that they had trained me for is no more in existence and i have been sitting with out any kind of work for the last 6 months(doing some petty IT job on the fly).

I thought that may be the company is in transition phase and there would be lots to come however things are not so even after 6 months, in lieu of that i started looking out for a company having good stable projects of their own .

I landed up an offer with a good IT firm and there by tendered my resignation to the present company, now here in starts the problem , this company has a notice period of 3 months , I have already completed my 1 Month and 8 days till date of their notice period and my present company is not ready to budge with their notice period ( i.e of 3 months) , and are having meetings daily trying to coax me to re-consider my resignation.Now i have been a loyal employee through out my stay with a good reputation for my work till now and have not taken a single day of leave . I have created my own mark and would like to move ahead with a clean record i.e relieving letter however i am not sure as to whether my present company will give me this relieving + experience letter as going by the past record of this company they have had not given many guys their due relieving letters and instead harassed them mentally , they are not even ready to let anyone leaving buy out their remaining notice period.

Now i am not sure as to what should i do , i talked the same with my joining company and they have no objection if i join them w/o relieving letter( i have to join them next month i.e after 47 days of notice period) , but i want to have one for the sake of my career and future or if not will my present company tarnish my image .

I would like some advice on the above matter as i feel this is the right forum , request help from all on this regards , I would also like to know if there is a legal way of doing it and whom to approach regarding all this .

Thanks,

M.Roy



P.S: I have given them all options for relieving me early.

1) Will train any new guy and make him productive within 45 days - They said 'No'

2) I tried re-commending someone too - They said 'No'

From India, Vadodara
pacer-deepa
2

Hi Mithun,
You are indeed in an unfortunate position!
You are saying that you have already been hre for 6 months and have to stay fr another 3 months,so if they do not give you a relieving letter, you wl lose almost 9 months experience on your resume.
But since ur new co is ready to take you on without a releiving letter, i wud suggest you join the new co. If you wait much longer, you may lose out on this offer too.
Maybe you can take any senior/HR person in your present company into confidence and request him to be your reference in case any future employer wants to do a ref check. This can help you in your career even if you do not have a relieving letter from the present company.
Rgds
Deepa

From India, Bangalore
shonroy
Thanks Deepa for your advice i really appreciate it . By the way will there be any problem regarding the company blocking my PF , LTA etc etc amount to me. Regards, Mithun Roy
From India, Vadodara
srinivas_volen
The bast approach is to come to an understnaing withyour current company. It is a must to have your reliving letter as you would require it in the future.
Make you current employer understand that it is because they do not have any projects you are leaving them otherwise you would not left.
thanks
Srini


suresh7sharma
2

Dear Roy,

This suituation will always be there as long as you turn out to be a person whom they feel cannot go against the company. I am not misguiding you but the same thing happened with me where I was asked to sit with a security guard besides me so that I donot talk to any other employee. The only stand that I have taken is to quit the company without any notice or resignation letter. If you are good enough that the company might feel can effect their business or they are more concious that you are getting better oppertunity then what they can offer you.

Just make your stand clear to the management and if you feel that you can offer them salary in lieu of the remain period do that.

You might loose a good oppertunity which might not be with you once you have quit the present job.

No company has the right to restrict the movement or freedom of work. You must make your stand clear to the present company. You can also avail you leaves in case if you have any or get the leaves adjusted against the notice period.

Suresh

From India, Jaipur
Rahul Kumar
11

Hi Mithun Roy,
You have the following options :
1. Adjust your Earned Leave with the balance notice period and leave the
Company.
2. Pay off salary (in most cases, basic salary) in lieu of the notice period
as per Company policy and leave the Company.
3. Leave the Company without further serving of notice period (Company
in most cases will do nothing that withholding your settlement for some
time, relieving letter and experience certificate). Don't bother about
these as long as your next employer is willing to accommodate you. No
one can deny your service in the Company since you drew your salary
from there and that stands proof.
I suggest, in future, avoid signing appointment letter with more than one month's notice period. Also, don't stick to this Company that seems unreasonable and not employee-friendly. Leave as soon as possible.
Regards,
Rahul Kumar

From India, New Delhi
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