Partner - Risk Management
Arun Kumar Maitra
Presently Working As Company Secy. In Old
Hr Generalist With Experience In Factory
Recruitment/talent Acquisition, Career Counselling
Agm - Hro, Compensation & Benefit Mgt,
If you are not completing your notice period and not doing a proper hand over, you are not entitled to a relieving letter.
It is up to the employer to voluntarily reduce your notice period. You can not demand for it to be done. You will have to go without a relieving letter and without an experience certificate probably.
2nd October 2012 From India, Mumbai
2nd October 2012 From Kenya, Nairobi
Also, you can get your leaves adjusted against the notice period and get some relaxation in the time duration of the same.
Make sure you keep all your documents including your appointment letter, salary slips, resignation letter and its acceptance for further reference. If you have all these documents they can serve as your experience in your past organization in case you do not get the necessary documents.
Hope this helps :)
2nd October 2012 From India, Delhi
If you have not served the full notice period then the employer, as per the employment conditions, can deduct some money from your quit claim settlement and give you the balance amount.
BUT, remember you need to fullfil all the exit formalities like charge handing over, handing over of the assets in your possession.
Apart from all the above, based on my personal experience, I would say that this is a small world, you may meet the same set of people again in your career. So, always exit with a GOOD NOTE.
2nd October 2012 From India, Delhi
2nd October 2012 From India, Bangalore
Frankly, you won't like this--but nevertheless, I think you need to know & realize another side of your action also.
Didn't you know that the Notice period in Wipro is 2 months & that there's no Buy-out option? Since you have ~2 yrs exp, I think I CAN make a comfortable assumption that you DO KNOW about it. Then why in the first place did you opt for a new job that needed you to join in lesser timeframe? Did you assume that you wouldn't have any problem?
I think you have 4 options:
1] Complete the NP here & then get relieved--in the process you may loose this opportunity. So you may need to prepare for a Back-up--meaning attending more interviews, which COULD be tough, since you may not be granted any leaves during the NP.
2] Like Bijay suggested, try to convince the management for early exit.
3] Request the new company for more time--if not 2 months, try for the MAX possible time-window. You can then see if Wipro can relieve you within that timeframe.
4] Forget about this Offer & stay back in Wipro until you get another Offer where this issue is taken care of.
Byomjeet has a good point when he says: I would say that this is a small world, you may meet the same set of people again in your career. So, always exit with a GOOD NOTE.
All the Best.
2nd October 2012 From India, Hyderabad
In my situation I have already made it clear to my org that I wont be able to serve my full notice period.
I have committed to my future company that I will join them in 20 days.
Also as I have a large amount of leave pending I hope to adjust the same against my notice. After adjustment the actual notice period I will not be serving is just 9 working days.
A replacement has been assigned to me and the knowledge transfer has begun. The same will be complete by the time I leave.
As work is not getting affected I am trying to speak to my HR to get a relieving letter.
My manager though will not be entering a relieving date in the system and hence my no dues process will not be triggered.
So I will be forced to handover company assets on my own before I leave.
I am quite disappointed by how rigid the system is in letting an employee go. My employment contract says that the company has a right to release the employee the moment he puts in his resignation without even compensating him for the 2 months notice period. Overall the contract seems one-sided and it seems to be unfair to the employee. Just my thoughts.
3rd October 2012 From India, Bangalore
Your future employer may accept your joining and they will take a written statement from you that you have resigned from Wipro, to avoid the double employment case.
All the best for your future.
3rd October 2012 From India, Gurgaon
3rd October 2012 From India, Delhi
the views and advises given for both employer and employee understand needs of both sides. As an employer looks at its business goals, while employees look for his opportunities and leave to new place for different reasons. it is difficult to meet two ends. Hence, terms and coditions do play role in settlement.
with respect to notice period, pl refer to terms and conditions wherein you may observe that any short fall of notice period can be bought in first place, in the case of employer, he may pay notice period salary and ask employee to leave, and in the same way employee can buy short fall of notice period . it is mutually agreed term. you may appaise the same with your manager , and comfort him/her in the first place that KT will be completed in toto before the date you preferred to leave. Actually , this should have been planned when thought of looking for opportunities.
please do not send negative waves that employer/ manager is at fault, there may be a chance that you may meet seniors now in another organisation again. I find that you should have fine tuned your process of leaving in a more planned way.
3rd October 2012 From India, Hyderabad
My future employer is willing to buy out my notice period but my current company does not allow buyouts. I have been informed today that since I will not be completing my notice period I will not be getting my relieving letter on my last day. I was wondering if I can ask for one at a later date say 2 months after leaving the company. Will they at that time still continue to refuse me a relieving letter? I am fine if they even give me a relieving letter which states that I didn't serve my full notice period.
4th October 2012 From India, Bangalore
You can always ask for the relieving letter at a later date and as in this case it looks like your employer doesnt have any issues in giving the same after some time. You can check with your company's HR about the suitable time when you can get back to them regarding the same. And yes do make sure that this conversation happens though emails and you save the email for future reference.
Hope this helps
4th October 2012 From India, Delhi
Pl. get the acceptance on all the handing over things /list from all the department within 2o days time , if you can't able to get relieving letter.
Pl. talk to the prospective employer about your notice period issue and relieving letter and request them to join u without relieving letter or ask them the solutions if they want you join immediately.
5th October 2012 From India, Indore
#AnonymousHi, I am working in Mumbai one of the corporate office. I just wanted to know that if I am resigning from my position, my reporting manager should ask me offer letter for new organisation?
Should I forward them or not?
25th October 2018 From India, Dombivali