Ramanathapuram Sales Force Started The Discussion:
I am currently working in a Bank for the last 5 years as assistant manager and i got another better offer as a branch manager in another bank.The new empolyer is asking me the relieving letter from the current empolyer and two previous empolyer ,but I dont have the previous empolyer's relieving letter because my super boss told me to put the paper because of my non perfomance and i came out and did follow the reliveing formalities. Now the problem is I had resigned from the current empolyer and i am in notice period and new empolyer tells me that they cannot process without reliveing letter of previous empolyer. right now I do'nt know what to do . Kindly advise me
You have not resigned, management has insist to you for put the resignation, you can ask the management, your relieving date, when they will relieve to you with experience letter. At the time of appointment letter clause either serve notice period or pay one gross, if management will relieve or terminate any non performer employee in this case management will pay one month gross salary to employee, but all thing depend or employee and employer agreement at the time of joining.
You are in a big problem !
Next time check on joining formalities before you resign
I do not see any resolution as such. You have already tried telling them you do not have a relieving letter. That cuts no ice with them.
The previous Company you worked with 5 years ago, will they give you a relieving letter ?
If they don't, then you need to immediately look for another job to switch to.
Or speak to our existing employer to see if you can withdraw the resignation
If you want to terminate your contract of employment and there is no restrictive clause of minimum duration of service etc., you can do so after giving due notice . However, many employers are reluctant to issue formal release letter so quickly, because they want to retain best talent at any cost.
You can approach your new employer and produce your resignation letter in lieu of discharge certificate. Many employers know this reality and allow joining after being satisfied that you are not in two contracts of employment at the same time.For this you will refuse to accept any salary given by your previous employer.
If your current employer does not relieve you inspite of your letter of resignation, it amounts to violation of your fundamental right under article 14 (right to equality), by way of discrimination and article 21 (right to personal liberty) and you can approach to public authorities and also move a writ petition for enforcement of your fundamental rights under article 32 of the Indian Constitution as a measure of contitutional remedy before a constitutional court.Other legal remedies are also there for which you can consult a legal expert..
But my sense is that your new employer will agree to your joining after being satisfied that you have resigned from the previous organization and you have no liability there and you will submit your formal release letter in due course after procuring it which may take a longer time as your previous employer may require some time to absorb the shock of separation of a talented employee.
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