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Ritesh Shah - Owner @ Job Seeker Hq
Singh Sanjana
Asst. Manager - Hr
Sreeram70
Manager
+1 Other

I am a Sofware engineer. I was having an existing Software experience of 2 years.

During the time of Recession year 2008 I got hired into a software company located at Andheri East Mumbai.

I have only gained 20,000 annual increment from my previous CTC for joining this firm.

I was satisfied by joining this firm as I was going to learn a lot.

Later, I saw that the company has been firing people in a Group. The total strength of the company was more than 400. News started coming in that they are firing more than 20 people on a weekly basis.

I felt insecure on working for this firm. The reason of firing was Recession (now I know it).

So, I decided to quit this firm anyhow as I had got some financial dependencies.

I started looking for new offer. Soon I got an offer to work under contract within a new firm and for joining I was given 7 days.

I resigned from my present firm and ask them to relieve me within 2-3 days.

I was ready to pay 30 days salary in lieu of the notice as per the company policy.

my full month salary was blocked and they were not ready to relieve me and asked me to serve the full notice period.

I have worked for about 2.5 months for this organization.

I left the firm and joined the new firm.

Later I approached them to pay me either my 1 month salary or the Relieving letter but they didn't gave me anything.

They told that you have absconded and you will not get anything.

What should I do now ?

Nowadays the top recruiters ask for Reliving letter from all the previous Employers.

Does this mean I will not be able to work for Top Recruiters anymore.
20th August 2013 From India, Mumbai
dear pankajk1982, the answer to the question posted is YES., you will not be able to work.... the reason is not your re leaving letter or not your experience certificate., but it is your attitude., this short posting by you makes me to understand that you can leave any job if you have a better offer in your hand. Tell me did the software company which you have worked for 2.5 months have ever told you that you will be fired?? or did your immediate boss have ever gave you any indication of firing?? as per you posting it was you decision to leave the company and you are naming it as "insecure" but recruiters out there name it differently. in my view No organization can afford to leave a top performer, irrespective of the recession or what ever it is. when it comes to your payment., it is advised to meet the concern head HR and explain your concern and try.
Regards
JSR
21st August 2013 From India, Hyderabad
Hi Sreeram,
I anyhow cannot change my past as off now what all has happened
and the financial crisis circumstances which led me take such a decision.
I was the only earning member of the family at that time.
As an elder brother can you guide me for the same of what can be done for the same now.
If I do not mention the name of this firm in my Resume. Will it solve my problem?
Thanks and Regards
Pankaj
21st August 2013 From India, Mumbai
According to your words, you have tendered your resignation first. Company had terminated you later, if it is correct than your termination can not be valid. It seems also that Company had not given you notice for termination as you were not aware that you have been terminated. As Later you approached your HR for relieving than they told you the same.
So final conclusion is your termination is not valid if all the information provided by you above is correct.
But for top employers Relieving keeps matter.
because your time period was very short and it was time of recession it is not must to tell your next employer. you will be in trouble only while background verification hr would know this till it is OK.
Have a fearless time ahead.
23rd August 2013 From India, Bangalore
Hi dear,
you have demoralized me by telling you will not be able to work..because of attitude.
For your kind information I am working in a Good and reputed firm right now for last 5 years.
However I think you will be a manager level kind of a person who has been pinned by your employee by short notice.
See, Employee ethics are counted a lot while entering an organization.
However my view is if someone got trapped in some wrong organization and the Organization itself do not have good ethics towards its employee, That is not taken into consideration.
Regards
pankaj
23rd August 2013 From India, Mumbai
Dear Pankaj,
I believe there would be a clause in your appointment letter regarding termination/resignation.
In my opinion if your are not in a position to serve notice (due to any reason) then you should pay notice pay as per the termination/resignation clause. If you pay the notice pay the Co. has to provide a relieving letter, they cannot object at all.
If they still do not pay, get their reply document on e-mail or hard copy and contact a labour officer to help you.
I have seen many cases similar to your, if you pay the notice pay you will get the relieving letter, law is on your side so don't worry.
Best Regards,
Ritesh Shah
23rd August 2013 From India, Pune
Hi Ritesh,
Thanks a lot.
I just went through my Appointment Letter,
It is clearly mentioned that
"Either party will have the right to terminate the employment by giving one months notice period on confirmation, in writing or salary in lieu of notice, without assigning any reason."
I already have my last full month salary credited on their accounts which I have left for buying the notice period.
I have contacted the HR but they are not giving me anything in written.
How to proceed further??
Regards
Pankaj
23rd August 2013 From India, Mumbai
Send them a letter via registered AD (keep one copy of the letter with you) you will get the acknowledgement that they have received your letter; then take your e-mails, letter and acknowledgement letter and approach labour officer.
TC & be patient, these things take a little time.
23rd August 2013 From India, Pune
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