Human Resource And Industrial Relations
Hr, Recruitment, T&d And Motivation
Asst. General Manager - Hr
Human Resource
+11 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
My name is Mark and I was working as sales engineer in a small company in india.
I had signed a bond for 2 years from the date of joining which is now one year left.
Recently I had got an offer from other organisation which pays triple than the original one.
I had a meeting with my previous employer and they have decided to remove me due to non performance.
They had also given me releiving letter but has stated that they have terminated my services due to non performance.
However, in my previous company i have not had any support or motivation stuffs , no proper workplace and things which could harm the health of an employee.
So,they have taken my signature that i had been terminated due to non performance.
Can i submit this releiving letter which is on the heading of the letter they gave and mentioned all these things like non performance and failed to perform as per company's expectations .....and things like that to my new employee whom has asked me to give a joining date and i am unsure weather they will reject me because of things mentioned in my releiving letter.
I am confused and need your opinions here ..

From India, Bangalore
Dear Mark,
It will not be a wise move for you to present the relieving letter from your previous employer which states that you have been terminated from service.
But by reading your case it appears that the previous employer has delibrately terminated you from service stating that you have not performed after hearing from you that you wish to quit from services.
If the new employer does not insist on a relieving letter avoid producing the relieving letter, if he insists then in my opinion you have no choice but to furnish the same. You may have to explain the case convincingly to your new employer and I trust that he will appreciate your honesty, integrity and courage to furnish such a letter.

From India, Madras
Thanks Mr.Kannan,
Is it compulsary for the company to give me experience letter? Haven't got it from them.
Also they have mentioned in the relieving letter that i should not promote products that compete with the company?
Is it legal for them to control me even after quitting?

From India, Bangalore
hello mark,
it is very sad hearing that you are being terminated from your organisation for such a reason but it will be of much significance to know whether it is a fact that you fell short from the expectations of your organisation or you hvae somthing to say, do your previous employers know about the offer you got? when they decided to terminate you? before knowing about the offer letter, if they know, or it was an older thing? what do you think the root cause behind your shortfall, lack of support from your company or is it a lacuna on your part?
such a relieving letter will really be a problem joining new company.....
with regards,

From India, Gurgaon
I had not given enough resources from the company and not given proper guidance to carry out my duties .
Also,I would have achieved more than wat they had expected but since it was a sole propriter, he was the ultimate decision maker and never gave full control to discharge duties.
Also I may be the only person who would hav stayed 1 year der as others were terminated for just 3 or 4 months.

From India, Bangalore
hello mark,
if so you can share these details with your new employer, be careful produce your documents only if they persist for it, it will be wise to analyse the situation well as you are better watching all that, it is in your favour that they retained you for such a long period and found faults only when you got a better offer, if there is a sole propritor then your words may be considered by the HR person you are going to work with, your target achieving records may speak for you, but i think you should not put your grievences to the new company....... it might result in a negative impression,
all the best,

From India, Gurgaon
Hi Mark,
What Shivendra has advised to you is relevant to a great extent. one more thing that can be discussed with your new company on offer is, that your previous organization has restricted you to promote the products of same line as of your previous employer's, only because they afraid of tough competition which I may be giving to them, because you've handled them nicely during your tenure with them. By quoting this to your new employer you are indirectly proving the reason behind your termination, wrong, as quoted by your previous employer. This is what I feel.
Good luck to you.

From India, Delhi
Hello Mark,
I have my sympathy with you, but the question i fail to understand is :-
1) Did you Resign after getting the new Job? or did you discussed with them about the new job?
If you resigned from the Job, depending upon the Contract Bond they can ask you to pay the money if this was a two side contract.. ie. if they had sent you to some special training abroad or they gave you some special training in india. Otherwise this contract/bond would have no meaning.
If you have resigned and in there reliving letter they have given reasons for termination as non performance then you can approach the court for this.
Otherwise the best way to get out of this is to tell your new employer about the same be honest in your approach and do work hard to achieve the goals of your new company.
Write back to me if you have any other quarries.

From India, Pune
Thanks Mr.Vivek,
I had spoke with my boss regarding resignation and sent a mail to him regarding same.
But he has disabled my official email id of the company and sent a reply to my personal email stating your resignation is not required as your services have been terminated due to non performance.
Also it is a 2 sided bond , i could have payed and broken the bond but he has not allowed.
Is it compulsary for him to give me a experience letter?

From India, Bangalore
Dear Mark,
If the date of receipt of your Resignation Letter (receipted copy) is prior to the date of your releasing letter, then you can explain to your new employer regarding the Service Bond of two years, and tell them that they had tried to malign you since you broke the bond. This is reasonable.
But in absence of the above condition, it may be difficult for you to explain your position.

From India, Thane

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™