Good evening
I have a situation to discuss regarding my employer.
long story in short, one day prior to my last day of notice period, my sales VP sends me a mail that he would not be release me due to some business urgency on that particular day and wanted me to extend my notice period for another month.
The other organisation, where i was supposed to join next day, was not ready to wait that long and was ready to withdraw the offer. I wrote a mail formally that it would not be possible for me to extend and I would leave on the day i was supposed to do. I submitted my laptop in the IT dept and ID and access card to HR accordingly.
Next day i received a call from HR team that, my VP has not approved the submission of laptop and ID card so they are considering me as an absconding employee. They will not give FnF and experience and relieving letter either.
now my query is, can they really do consider me as absconding when I am still in touch with HR and my RM (VP is not my

From India, Delhi
have you joined the new company and did they ask you for the experience and relieving letter?
From India, Mumbai
1st .. you have the appointment letter .. scan that and show it to HR department .. send the scan copy with CC to VP. Personally meet the HR department and tell you have done the handover and on the day when they would need you ,you'll be available to help them only for that work.

There is no harm if you mark a cc of the mail to your new employer as they will also come to know what is going on. If the company does not issue you experience letter , you will not need that as the new company will be informed about the happenings.

Once you have put up the papers , even if they change the policy it will not be used as in your appointment letter I am very much sure this clause is not mentioned where you need to bound with such clause.

Appointment letter is a kind of agreement, you mention it clearly to HR if the full and final settlement is not done in the defined period as mentioned in the appointment letter , the company needs to pay interest + damages and legal charges too. Most of the HR have only knowlede of recruitment , and Admin. Only few HRs you'll find who has knowledge on HR compliance with other discipline of HR ( recruitment, Payroll, Training& Development, Compliance, Admin )

Do inform these in Black & white to new company except the Appintment letter clause and legal issues that you will have with your past company,

From India, Mumbai
My views as below please,
I think first check with your new employer whether he will allow you to join without releaving letter.
Make a letter to your existing employer mentioing that further to your resignation and as mentioned last day of your working is so&so, you have submitted the company provided belongings to concerned departments. Request for no dues certificate vide this letter.
From your query it appears that HR has given oral communication, which i feels can not weighted against your written communication showing your inability to wait for further period of one month.

From India, Vadodara
Dear Prittamster
If your appointment letter shows that you required to serve notice period of one month for the duration you stayed in the company then you are right and leave the company on notice pd completion date. But note that you should have the proof of served notice period and handing over just like attendance record, acceptance of resignation submission, receipt of handing over official belongings. No one can stop you in moving ahead even govt. officials cant be stopped for future progressive career as per law.

From India, Faridabad
Well, once you resigned and once it has been approved then you have to serve the notice period as mentioned in the appointment letter. Also, the resignation and the approval of the resignation should be in written and not oral.

Hope you have followed the above procedure. Moreover, you said you have done the hand over of the laptop and I d cards etc. then by submitting them you must have the receiving receipt for that so they can not deny it.

Try to have a talk with your HR and ask what's the problem and tell them the whole things in polite manner as it is not possible for you to serve extended notice period.

Hopefully, they will understand or even if they not then still you not need to worry. Just have a talk with you HR from where you get the offer and explain the things and keep a copy of your resignation letter along with its approval copy as well as appointment letter and the receipt of submitting the laptop and ID cards to show them as you have done nothing wrong done everything systematically.

From India, Lucknow

Hi Prittamster, Did you join the new company? Please respond to members comments.
From India, Bangalore
Hi All !
While I agree with most here, I am uncomfortable with the suggestion of showing the next appointment letter etc. to the previous employer.
While I agree that we are in age where CVs - and salary slips etc- are floating everywhere with nobody apparently concerned about confidentiality etc., appointment letters are usually considered confidential. Sharing them without sufficient reason and without approval from the next employer may backfire badly. All the more so in a Sales position where, most probably, the next company could be a competitor.
Just my thought . whether Prittamster responds or not, what are the views of others here re confidentiality?

From United States, New York
first look into the terms and condition of appointment if you are going with that letter and also having the acceptance of the resignation letter submitted by you then do not get fear just go with the positive note & disscuss with your senior with all the following stuffs.

From India, Chandigarh
Actually u follow the notice period than you don't need to extend the period where u already get the secure job!!!!!
Nobody can take the Action against for the same!!!!!
You need to talk with your previous hr and xplain the situation otherwise you have the copy of the approval resignation!!!!
Even you can saw this copy....every company even government can also understand the situation!!!!
Dipal Shah

From India, Vadodara

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