Lavika Yadav
Adv. Manoj Liyonzon
Advocate, Chennai
+2 Others

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Hi All

I have total experience of around 12 years. In one of my previous companies, I worked for 9 months. I had to leave that company because of some personnel issues. After resigning, I requested for any early release as notice period was of 60 days. My resignation was accepted but organization was not ready to releive me early even though I had agreed to pay for the period falling short of notice period. As their process, the moment my resignation was accepted, No Due Clearance Automation started. So, I took No due Clearance from all the departments. After taking No due clearance, on the 17th day of my resignation, I just sent an email to my Manager and HR that I won't be able to continue the service and I am ready to pay the notice shortfall period. My that organization then declared me as Absconding. This happened around 5 years back. I even tried to settle the FnF after 6 months of leaving but they were reluctant to do that. Neither they did my FnF settlement nor gave me experience letter.

So, i want to know how will it effect in my Back Ground Verfication Check in my future companies. I have all the records - My Resignation Letter, My No dues Clearance Certificates, My followup emails.

Thanks in Advance

Don't worry...It happens in some cases.As far as I am aware new employer wont ask relieving letter from previous to previous employer.
The fact behind that If a company hires already checks your previous feedback..Thus after some time if you move to another company
new company will consider last company's feedback and not previous to previous..
If somehow you have some difficulty,You can contact your new Hr and discuss this issue and you can also provide your HOD reference to them if they still have any doubt..
So.. Cheer up and Best of Luck !!!!

Thanks Lavika. My worry is that this is my genuine experience and because of non availability of experience letter, my carrer should not come at stake. I have got all the documents with me.
Dont worry Clove...
If you have working experience..Offer letter..Salary slips..most important Learning experience from that organization.. You can move further.
Your reason was genuine and you also discussed with your seniors while leaving so these point are in your favor.
Good Luck !!!!

Ehat is not clear is that did you not report to work from 17th day and just sent an email or did you get that agreement when your resignation was accepted.

Unfortunately, most of us make small mistakes at the time of leaving.

Your resignation acceptance is the day when the clock starts ticking. You should have sent an email on the day you resigned, stating that you will serve x number of days and the remaining to be waived off and you are willing to pay for the remaining notice period in case that is acceptable.

Once obtaining the confirmation, you should have taken a print of the confirmation email for your records.

If everything was verbal, the that is not a professional approach.

Yes, the BGV can be affected as some organisations do a thorough check and even take out your school and college records, even after 5 yrs of employment in the same company.

So it is advisable that these mistakes are avoided.

You please write to that employer and request for the relieving letter. Because at times, you require to submit past. 2-3 employers records of upto 5 yrs at least.

I would not suggest to take it easy.

And their declaring you absconding is justified, since they had disagreed to waive off the notice period and even then you did not report to work on 17th day and just sent an email. This was incorrect. You should have spoken to the HR head and discussed your reason and the fact that you are unable to serve a longer notice period.
Did you join any other company after that?

Thanks Raag.
1. I resigned on 1st and sent email on 17th after which i did not go.
2. As a professional, i started asking for early releasse right from the first day of resignation. I had mentioned very specifically that i m ready to pay for days running short of notice period. I hv got that in mails also.
3. After leaving that organisation, i worked in another organisation for around 4.5 years. I told them my case and they did not ask for my reliving letter. They just asked for my salary slips and resignation acceptance letter.
4. I even took followups for settling my fnf but they denied.
5. Now i m joining new company, i am getting bit worried.
Best Regards
Gaurav Shurvir

The mistake you made was to not report to work after 17th even though they had not approved a waiver.
However, I think, since you have a relieving letter from the present employer and the resignation acceptance from the "said" employer, it should not pose a challenge.
Meanwhile, you could try contacting the HR of that previous employer stating your request. Maybe they agree to a mutual benefit. Do not disclose where you are joining. It will be good to maintain a good service record, is what you should communicate.

Now am an advocate. prior i was employeed in 3 different investment companies subsequently. For later 2 companies i havent submitted my 1st company's Offer Letter, Appointment Letter, Resignation Copy, Relieve Letter & Experience Certificate. When the 2 other employees seeked, i said i dont have 1st employment documents. Also i requested them to go for bgv. They found my experience true in BGC. They understood the genuinity. So i dint have problem.
If yoru experience are genuine, then you can ask your employer to go for BGV. If its true then your earlier experience documents are not at all a concern

Thanks Manoj.
Since my experience is 100% genuine, I have given go ahead for my BGV. I have sent "Resignation Acceptance" Email from the said company to the BGV Team as an Employment proof in the said company. I have also attached Releaving letter from my previous company. Just keeping my fingers crossed :-)

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