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Dear All,
I require a clarification and guidance on the above, i am a HR Executive, i have a offier from a company, but the joining time is within 10 days my present employer has not revised the salary for the past two years.
i am working for the past two years. now i informed my employer about this, they said they will not releave me in short time span. In earlier case also they have not done early releavings. but i should go, without doing the handing over formalities.
what will be the effect after i left from the company. is there any legal things will arrise. while i am informed the emplyer he has not accepted the letter but i sent the email and sent BCC to my perosnal id. is that enough as a formal notification of acceptance.
Please clarify the above and expecting your inputs to proceed.
Diwakkar P

From India, Madras
Dear Diwakar,

I would not suggest you to quit without doing the complete handover for the following reasons.

Firstly, only you know what were the activities you were handling and the status of the same. For a person who replaces you, he will have to re-invent the wheel.

Secondly, if the management agrees to let you go, they may put a condition that you will have to help them out whenever they need your assistance as the hand over is not completed by you. In this case, you wont be able to do justice to the new hob you are going to take up.

Thirdly, If you are a confirmed employee or have signed any letter of agreement wherein the notice period is mentioned, you may be categorized as an absconding employee which would affect your career adversely. If there are any pre employment reference checks conducted at your prospective employer, you would only end up in problems. I suggest you request the new employer to give you an extension so that you could complete your notice period and then join the new firm.

You may write to me incase you need any further help in this regard.


From India, Bangalore
Dear Diwakkar ,
Are you under any training agreement with your company? Is there a clause mentioned in your offer/ appointment letter, wherein you might have to buy your notice period if it is not served?
In any case, if you have resigned from your company, you are legally free. But you are not relieved by them until they declare. Companies design the relieving process with a definite time span such as 1 to 3 months to ensure knowledge transfer to the talent taking over the responsibility. Serving through this notice period not just add experience in KT but adds a lot of credibility to the talent. When you join a new company with all your documents it makes you a lot more responsible talent.
Here in your case, you need to speak to your existing employer for an early release and offer them a buyout. Please do this in writing keeping you new employers informed. Incase they still do not offer you a solution find a way out amicably. Your new employer may / may not do a background check. But if it is done, it would create a problem for you.
Finally, though not all the companies are listed with NASSCOM database for talent, but taking a futuristic view, it may happen. At that point of time, absconding case would reflect very negatively for a talent.
My advice, if you have worked with this company for two years, you surely know whom to approach for help within the existing leadership. Please tread very professionally in writing so that you have a sound documentation at your end.
Wish you all the best!
(Cite Contribution)

From India, Mumbai

Dear Mr. Arun / Ms. (Cite Contribution) ,

Thanks for your suuport, in my case they are trying to retain, but current company situation is not good. past two years no revision on salary, news coming from various sources that no increment for comings year also. in this case i dont want to loose the opportunity.

And one more thing, i discussed with my reporting manager on 6th may at that time he said you can send your offer we will see asap.

But till now no discussion happned, In earlier cases also they will not releave the employees as per their request. they will try pospone the situation without further discussion.

For safeguard my self i given the letter on that time of discussion, he has not accepted, then while i sending the offer copy mail to him i mentioned every thing about the discussion made with him on which date, expected date of releaving everything, while sending it to him i sent a BCC to my personal email also.

Finnally if they have not accepting it, i can releave myself on the proposed date i can send the letter handing over of ducuments everything along with my id card, access card, locker key by register post, copy of the email and the register post letter copy and posal acknowledgement is enough i hope and basis to this it will not treated as case of absconding.

for pf i can proccess it whenever its required to me withdraw, if they sign i do it thru them, if not i will make it thru the bank manager signature.

Please advice, i have no option now, in the view of my family financial situation and all. Please correct me if my decision is wrong.

With Best Regards,

Diwakkar P

From India, Madras
Dear Diwakar,
I understand your issue but as told by most of our friends you should convince the present employer, ask for their support and get relieved and you can also ensure them that if required you will come and support in your holidays and weekly off days.
Secondly you are saying that you will send all the dcouments, ID card and other related items through RPAD but it doesn't serve the purpose because you have to physically hand over all the items / documents which are in your custody and obtain a receipt for the same. If the employer is a negative minded then he will send an absconding letter to you and if he knows you prospective employer he can send a copy to him also.
You have an option that you can communicate the entire thing to your prospective employer about your situation in the present employment, obtain clerance and then join.
Thanks and regards - kameswarao

From India, Hyderabad
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