Madhu.T.K
Industrial Relations And Labour Laws
Sourav.rubi@gmail.com
Hr , Ir , Complainces
+4 Others

Thread Started by #swajain

Hi,
I was working in an IT company for 4 months and then resigned as I wanted to stay with my husband in UK. According to my company rules, an employee is under probation for 12 months after joining and is liable to serve notice period of 2 months if he decides to leave or he can pay off the notice period if company agrees for an early release.

I sent the resignation to my Reporting Manager and he spoke to my proejct Manager about my release and project manager did not have any issues. Then I spoke to my HR manager to request him for an early release. But he has not agreed till now. He has declared me absconding and sent a legal notice at my place.
Currently I am in UK and have got a contracting opportunity but the contractor wants a reference from my previous company. Reference details include information regarding my employee number, Employement start date, employement duration, reason for leaving, my conduct in the company and whether the comapny would like to recruit me again or not.

I need to know :
1. Can my previous company refuse to give a reference for me
2. What is th implication of a legal notice (it says I need to join within 7 days)

Please help me as this is hampering my career and my chances of employment in UK.

Regards,
20th November 2009 From United Kingdom, Croydon
Hi,

The topic of the post was 'absconding rules'. The 12 months you mentioned here as probation was agreed by both the parties. Also you have not mentioned anything about whether you served the notice period or not. So I'm pretty confused whether absconding rules are for you or for company. I was learned that an employer cannot remove employee from the pay role because of non productivity with in the probation period. Employee is having the right to stick with the company at least to complete the probation. And in return the company also posses some rules, if an employee is absconding and not turning up with in a particular period of time they can send a legal notice.

Will come to your questions:
1) Their is no point in refusing the reference, they may give all the information about you to your current organization. That is your attendance status, conduct everything.
2) Try to contact your previous organization and ask what exactly they are expecting from you, also tell them very clearly that you are no where in the mindset to continue the job there. Also ask for the alternatives to get rid of their pay-role.

[I'm pretty confused of exhibiting your 4 months experience in an organization-it definitely create a bad impression on any way]
20th November 2009 From India, Madras
Hi Prasanth,

Thanks for your response.

I have not served the notice period and that is why asked the company for an alternative. I am even ready to buy out the notice period. I am regularly in touch with my previous employer and sending them mails telling them my intention of not joining the company and also asking of ways to get rid of the pay role. Anyhow my employee Id has been taken out of their workflow system as I can no longer sign in to the intranet portal or check my mails.Still they say that I am declared absconding and asking me to serve the remaining notice period.

And can they tell the same thing to my current organization?

Also my current organization knows that I have not got a releiving letter from my previous organization since they wanted me to join at the earliest.But the HR is going through a proper background verification check from an external agency.

I have two questions:

1.I wanted to know that even when I informed all the relevant parties that I am leaving , can the comapny still declare me absconding?

2.Can the current organization refuse my employment based on this information inspite of them knowing my status in previous Organziation?

Thanks once again for your replies.

Regards
21st November 2009 From United Kingdom, Croydon
Your previous employer will not be able to take any legal action against you because you have left the establishment after submitting resignation. If you do not like to lose your four months experience, then you can ask the company to relieve you in a proper manner itself. You can send a cheque for two months salary to the company and request them to accept it in lieu of two month notice. Copies of these (cheque and letter) are sufficient to defend any legal action against you. In fact, no body will file a case against an employee who has agreed to buy notice period.
In a reference check the previous employer can make a different remark but we should also believe in what is called 'professional ethics'. Therefore, you should hope that the previous employer will always be a good referee for you.
Regards,
Madhu.T.K
21st November 2009 From India, Kannur
Please re-check the terms of your Appointment Letter. Normally, One months or two months or even three months' Notice in the exit clause comes into play after confirmation.

During probation, the terms of leaving the company may stipulate 24 hours, 7 days.

Therefore please read you Appointment letter, partcularly the exit clause carefully, once again.

If the terms contained in your Appointment Letter states that you are required to give to the Company two months' notice even during the probationary period, well then you will have pay to the Company salary in lieu of the shortfall in the notice period.

You cannot be compelled to work during the notice period.

Well running away without sorting out matters has put you in a spot.

Offer to compensate the Company the shortfall in the notice period and then ask for an Experience Certificate/Relieving Letter.

Currently I am in UK and have got a contracting opportunity but the contractor wants a reference from my previous company. Reference details include information regarding my employee number, Employement start date, employement duration, reason for leaving, my conduct in the company and whether the comapny would like to recruit me again or not.

I need to know :
1. Can my previous company refuse to give a reference for me

Yes they can.

2. What is th implication of a legal notice (it says I need to join within 7 days)

I have given you the answer above.

Please help me as this is hampering my career and my chances of employment in UK.

Regards,[/QUOTE]

Vsant Nair
22nd November 2009 From India, Mumbai
1) Check you Exit clause in Appt letter
2) Check notice period policy, in some companies you adjust you notice period against your notice period.
3) Check you leave encashment policy (Be calculative and calculate your returns (PF+Leave encashment+other allo (if any)
As per my knowledge no company can stop F&F of any employee.
You can always tell your new employer that you ditnt get the chance to serve the notice period and you left early because of your re location.
Gautam Khanna
22nd November 2009 From India, Delhi
Hi madhu,
Thanks a lot for the reassurance that the previous company will give a good reference. I do not exactly know how much is the amount I need to pay to buy out my notice period. I believe one needs to pay the basic per month on pro rata basis.
By Tommorrow I am expecting a reply from My previous company about my reference, I wil keep you posted on the outcome.
Regards,
22nd November 2009 From United Kingdom, Croydon
Vsant Nair[/QUOTE]

Hi vasant,
Thanks for your post. My appointment letter says that I am liable to
serve two months of notice period even under probation or pay off the remaining notice period if comapny agrees.
I have also offered to buy out the remaining notice period so that I can get my proper relieving from my previous company.
Problem is that I am in UK now and have joined the current company but they didnt know that before the reference check from previous company, my contract can not be confirmed so now both I and my current organsiation are waiting for the previous company to give a reference before I can start working legally for the company.
Its already one week and my previous company has still not replied back. I am also in touch with them, trying to convince them to releive me and take the notice period money. But they are refusing and asking me to serve the notice period.
I do not know how long the current company is going to wait for my reference check and what will be the implication if my previous company says that I am absconding.
DO you have any thoughts about this?

Regards,
22nd November 2009 From United Kingdom, Croydon
Hi Gautum,
Thanks for your post.
I didnt understand the first point you mentioned regarding adjusting notice period against notice period. Also I was in this company for only 4.5 months and total number of elaves i had were 8 which I have already consumed.
Also I am under probation so I dont know how this encashment and other policies work.
My current employes exactly knows the situation, means the manager who recruited me but the HR want to do the background reference check so we all are waiting for the reference from my previous company.
thats why I am apprehensive that if my previous company refuses to give reference or give a bad reference then what will happen
Regards,
22nd November 2009 From United Kingdom, Croydon
Hi All,
Just a little update from my side. My previous company has given a good refernce of mine to my current company and therefore my current comapny is about to offer me a contract role.
Thanks a lot for your adivce, suggestions and commnets. Your readiness to help and provide inputs is greatly appreciated.
Regards,
Swati
24th November 2009 From United Kingdom, Croydon
Hi,
Your issue is not absconding case. Absconding means any employee who left the organization without sending the resignation letter or not informing to any of the official in the organization. If the HR has send legal notice to you, revert it with copy of your resignation letter which was already sent to your Manager.
So your issue is that u have not completed the relieving formalities of the company.
Regards,
Y.V.Madhava Reddy
26th November 2009 From India, Hyderabad
Hi ,
This is upto your previous organisation's HR Dept ,what they will do or tell about you to the new company.I am also working in a Big MNC in Hr , i am also facing same cases but we never spoiled anyone's career we always used to give positive feedback. And about legal action you have to pay two months salary against non complition of notice period, for that you have to check what they have mentioned in your offer letter..
Regards...
Mangesh
26th November 2009 From India, Pune
Yo may like to send your previous employers the following letter under Registered Post & Email, immediately:





To

................





Dear Sir,



As you are aware that on account of some very personal reasons I could not continue in my present employment. Therefore I took the painful decision to resign from the services of the Company.



I submitted my resignation on.........and had requested for release from my duties with immediate effect. I had also indicated that I was prepared to pay to the Company, salary in lieu of the shortfall in the Notice period that has been stipulated in my Appointment Letter.



I hereby, once again request you to kindly accept my resignation and let me have a statement of my Full & Final Settlement. I once again reiterate that I am willing to pay to the Company money (as per terms of my Appointment Letter) to compensate for the shortfall in the prescribed Notice period.



I ernestly implore you to please consider my very reasonable request favourably and arrange to settle the matter of my release at the earliest.



Thankning You,



Sincerely Yours,



.......





You may also tinker with the idea of finding someone local in India (at the location that you were while in employment with your previous employer) to take up the matter on your behalf with them and get the matter of your release expedited.



You could send all details of this transaction, copy ofyour Appointment Letter and the mails you have exchanged with your previous employer and of course a letter authorizing the concerned person to represent you, to any of the CITE Members and we could perhaps help you out.



You could contact me directly on my Mobile: 09717726667 or my landline 0124-2217579 or on my personal ID at .



I could surely help you with this matter.



Best Wishes,



Vasant Nair

HR Advisor
27th November 2009 From India, Mumbai
Friend, Seek legal help for easy & effective resolution to your issues with ex-employer. Being in a foreign country , you should take the safer option. Take care, Sourav Mukherjee
22nd August 2014 From India, Bangalore
Hi,
My name is Shilpa and am working in an MNC (Comp B) which I joined 3 months back. Before this I was working in an another company (Comp A) where I worked for more than a year and then decided to leave from there because I got a better opportunity. I had to join in Comp B at an earlier date before the last date in Comp A. Comp A refused to provide me the relieving letter if I dont serve the notice period completely. Now the problem was that I had to join Comp B two days before my last day in Comp A..I did not want to miss this opportunity to join in Comp B so I decided to leave Comp A without serving notice period fully (like 4 days before last date). Now as you know when I am joining a new company I need to provide them my relieving letter and Comp A did not provide me this. In Comp B I tried to explain this situation to them that I cannot submit this letter but they did not listen to me. Now in Comp B am asked to submit this letter and I dont have it. I want to tell the truth to them that I dont have it because I do not want to lie or make any fake experience letter and submit here as I may be blacklisted and get into serious problems.
28th October 2018 From India, Chennai
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