Queries
Dear All,
This is the current issue going on with my friend he is employed in an consultancy on a probation period since 5 month, but now he got an opportunity in other company and they asking for immediate joining and he wishes the same, hence he submitted his resignation letter before two days but the employer is not ready to relieve him and he is saying he wont be getting his current month salary as well as relieving letter if he quits. even there is nothing mentioned on his offer letter regarding notice period before leaving, on top of it the employer is saying he will file a case on him if he left the job. so my question is that does the employer have the right to say such thing does he have the right to file a case on him?. please help he is in big trouble as this is his first job he don't want all these things to happen.
Thanks & Regards
Akshay Divekar
31st October 2012 From United States, Ashburn

PARTICIPATING IN DISCUSSION:
Saswatabanerjee
Partner - Risk Management
Suresh P
Hr Professional
Nashbramhall
Learning & Teaching Fellow (retired)

If
1) there is no specific exit clauses (like notice period during or after probation, compensation in lieu of the shortfall, etc) mentioned in the appointment letter,
2) your friend's new employer do not want relieving letter
3) your friend can afford loss of a month's salary
4) your friend can take his new employer into confidence within short duration, in case of any background check;
ask him to leave and join new company.
I do not think filing a case by current employer will happen, even if so, that won''t benefit them.
Suresh
1st November 2012 From India, Pune

Please click on the links in the sidebar at the right. Such questions have been answered before.
Anyone can sue anyone. However, the question is does such an action either benefit the company or will they succeed.
If I am correct, such actions usually do not succeed. It's a kind of bullying by the company.
1st November 2012 From United Kingdom

Where nothing is stated in the appointment letter, a 1 month notice period is standard.
This is provided for in most of the Shop & Establishment Acts
If the new company is willing to accept him without the relieving letter, then he is free to go ahead. The salary he has to forgo as there is no way he is getting that from the current employer.
However, it must be remembered, in future if he is joining a large company, they can ask for relieving letters of earlier employers and may also do background verification. That may be a problem. its best to leave after completing notice period.
The employer can sue, he has a right since its a breach of contract.
Its expensive to do so and a complete waste of time. However, if he does sue, your friend will find it very costly as he has to pay for lawyer fees and take holiday from office to attend the case for as long as it drags on.
(whether he will or not do it, depends on various factors which your friend will know better)
16th November 2012 From India, Mumbai

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