Currently i am working as a contract employee in an MNC in the payroll of a third party.
I got a new offer outside and i initiated my resignation.
My manager is currently not willing to release me and he updated my third party like if they are releasing me in 1 month notice period as mentioned in my offer letter,
company won't take any more candidates from your firm.
soon after this i received a call from my third party and they updated me like if you are not relieving in a proper way it will be a problem for your career and future background checks.
Also i checked with one of my friend who already resigned when he was in contract period regarding this, he also faced same situation in different manner.
he completed his notice period and he haven't received and relieving documents.
They updated him like we haven't replied to any of your mails mentioning we accepted your resignation, so you are absconded from the company and not suppose to ask any documents.
As of now i have their Offer Letter and Bank statements as a proof and even they haven't given me any payslips or appraisal letter. Please advice me what to do here.
From India, Mumbai
I got a new offer outside and i initiated my resignation.
My manager is currently not willing to release me and he updated my third party like if they are releasing me in 1 month notice period as mentioned in my offer letter,
company won't take any more candidates from your firm.
soon after this i received a call from my third party and they updated me like if you are not relieving in a proper way it will be a problem for your career and future background checks.
Also i checked with one of my friend who already resigned when he was in contract period regarding this, he also faced same situation in different manner.
he completed his notice period and he haven't received and relieving documents.
They updated him like we haven't replied to any of your mails mentioning we accepted your resignation, so you are absconded from the company and not suppose to ask any documents.
As of now i have their Offer Letter and Bank statements as a proof and even they haven't given me any payslips or appraisal letter. Please advice me what to do here.
From India, Mumbai
There are different angles to this story. One person joins and after a few months leaves the company. This is ridiculous and costs much to the company. Second is like one joins and works for the company but on rolls of a third party and when he gets a good opportunity, the principal employer does not relieve him or warns the contractor of serious consequences, business loss, if he relieves him. This is also ridiculous, an act an HR person should not do or play with the career of a poor person who is treated just like a slave by not absorbing him under the rolls of the principal employer and by shattering the labour laws in force. There is yet another story, that, the employee has been offered employment by a company who is ready to accept the situation of the previous (principal) employer and knows that being outsourced, the new employee will not be able to produce a relieving letter either from the company or from the contractor.
If case 1 is the situation, then I don't have any advice to give you. You should compensate the loss caused to the company.
If case 2 is the scenario, then you can leave the company since you don't have any legal relationship with the company. Here, you should take your contractor into confidence and if he is not ready to relieve you, take a stand that the law will take its role by addressing the matter before the Labour Department. Now a days, it is common to engage contract employees in core activities of perennial nature even though the law does not permit it.Take advantage of it and warn the contractor.
If case 3 is the situation, leave the company and join the new company by showing whatever documents are available and forget about the calls from the contractor. If the company HR calls, just tell (rather educate) them that he has nothing to do with you since there exists no employee employer relationship between him and you.
Madhu.T.K
From India, Kannur
4193If case 1 is the situation, then I don't have any advice to give you. You should compensate the loss caused to the company.
If case 2 is the scenario, then you can leave the company since you don't have any legal relationship with the company. Here, you should take your contractor into confidence and if he is not ready to relieve you, take a stand that the law will take its role by addressing the matter before the Labour Department. Now a days, it is common to engage contract employees in core activities of perennial nature even though the law does not permit it.Take advantage of it and warn the contractor.
If case 3 is the situation, leave the company and join the new company by showing whatever documents are available and forget about the calls from the contractor. If the company HR calls, just tell (rather educate) them that he has nothing to do with you since there exists no employee employer relationship between him and you.
Madhu.T.K
From India, Kannur
Hello Sir,
Thanks for your time. I am working for this company from last 1.5 years and 2 months back they moved me to another project. Currently i am working in new project, so please let me know if this circumstances matches the case1. Also i had a word with my new employer and they are not ready to take me without any documents. please advise me what to do here.
From India, Mumbai
Thanks for your time. I am working for this company from last 1.5 years and 2 months back they moved me to another project. Currently i am working in new project, so please let me know if this circumstances matches the case1. Also i had a word with my new employer and they are not ready to take me without any documents. please advise me what to do here.
From India, Mumbai
It also seems that you have been engaged in work of regular/ perennial nature which is again illegal as per law. Then you have to take it case 2 and challenge. You may appraise your employer, the contractor, that if you are not relieved with proper documents, you would make it as an industrial dispute by lodging complaint before the Labour officials. The contractor would have obtained licence under the Contract labour (Regulation and Abolition) Act from the Labour Officer on a declaration that he would be engaging labour in non perennial activities and the principal employer would also have given a declaration that he had engaged the contractor for engaging labour in non perennial activities. This would have a sure reaction from both of them.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Hi Sreekesh.R,
It is just matter of time. I would suggest that be loyal and honest with your new employer , explain him/her your current scenario.
1) I am sure your new employer will help you out . 2)Take resignation acceptance on mail if possible.
3) If you haven't submitted any documents or any undertaking than just walk out of that current job.
4) I know it is hard to leave 1.5 years of experience letter.
5) But after few years or 5 years or so you can omit your this experience.
6) do lodging complaint before the Labour officials.
But be honest with your new employer. They will considered this for sure.
From India, Mumbai
It is just matter of time. I would suggest that be loyal and honest with your new employer , explain him/her your current scenario.
1) I am sure your new employer will help you out . 2)Take resignation acceptance on mail if possible.
3) If you haven't submitted any documents or any undertaking than just walk out of that current job.
4) I know it is hard to leave 1.5 years of experience letter.
5) But after few years or 5 years or so you can omit your this experience.
6) do lodging complaint before the Labour officials.
But be honest with your new employer. They will considered this for sure.
From India, Mumbai
Hello Madam.
Thanks for your update on my concern.
I am having a good relationship with my new employer. Actually as per the current third party company my notice period is for just 30 days.
But due to the issues with my manager , my new employer provided me a time frame of 60 days. As it is a reputed firm and they have their
policies of background check and other formalities , they required all my experience documents to accommodate me. I am really scared in
one matter that "how this third party will behave ?" as mentioned in my first post. As per Madhu Sir , legal ways are their to settle down this
issue, But i am trying my best to wind up this peacefully so that i can grab some good memories from here.
Rgds.
Sreekesh.R
From India, Mumbai
Thanks for your update on my concern.
I am having a good relationship with my new employer. Actually as per the current third party company my notice period is for just 30 days.
But due to the issues with my manager , my new employer provided me a time frame of 60 days. As it is a reputed firm and they have their
policies of background check and other formalities , they required all my experience documents to accommodate me. I am really scared in
one matter that "how this third party will behave ?" as mentioned in my first post. As per Madhu Sir , legal ways are their to settle down this
issue, But i am trying my best to wind up this peacefully so that i can grab some good memories from here.
Rgds.
Sreekesh.R
From India, Mumbai
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