Subash Sudarsanam
Self Employed
Nathrao
Insolvency N Gst Professional
Maulik Dave
Hr Professional
Cooltech
Engineer

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Hi All,
One of my friend currently working in a MNC. he got offer from other company. he already resigned from that company. But current company is not relieving me. his manager has asked for his offer letter. he sent the offer letter to the manager. Will this be any problem to join the next company?

@ Cooltech,

You can not illegally retained by your current employer in following cases.

1) If you have served the notice period in writing as per your current company policy.

2) If you have handed over your charge to the concern authority OR at lest asked them to take the charge in writing.

3) If you have intended to completed the exit formalities in writing to your reporting head.

Why I am using work "in writing" is to ensure if you have done this in writing if they are not reveling you in time & not giving relieving letter & pending dues, you can keep the written documents as evidence to claim it legally by approaching the local governing body for disputes.

Showing your offer letter will not be a problem until your manager is not doing any unethical act. Like giving false information to the new company about your performance, behavior or any other things.

Now, Other way to tackle this issue. Talk to HR of new company & express your willingness to join & the way your past company harassing you in relieving. If you are honest to them & you have served all your formalities with current company the New HR will surely help you resolve the issue.

Hope this will help.

All the best

Is your job based on an agreement? What are the terms and conditions of your employment agreement? What does the agreement say about resignation? Have you complied with those terms?
if the employee has resigned from the company as per the conditions in the appointment letter i.e., if he has served the notice period, returned all the properties of the company and has settled all the dues (loans if any) then the current employer cannot retain him and should be relieved immediately. if he/she has not met the conditions of contract then the employer cannot relieve him/her unless the conditions are met.
MNCs generally have clear cut rules and exit policies.
Please check whether you have followed them.If you hold charge of company files,property etc,speak to the HR department as well as keep correspondence in writing.
There is no harm in showing offer letter of the new company.
Legally if you complete all laid down exit formalities MNC can not and will not hold you up.

Dear Friend,
I have faced a similar situation. Based on a good understanding, there was an oral agreement to continue the services till a new employee takes over. Everything went on smoothly as I kept my commitment. However my relieving order got delayed by 15 months and has put me in a unexplainable situation. ! Now I am forced to handle this issue through legal proceedings.
In your case, please be sure that you had produced documents needed in this situation by the company in full and received acknowledgement for the same. Similarly ensure that all your clarifications to the HR either orally or in internal written mode is supported with a mail confirmation as a proof of your act. Send mail with request for delivery report and document in your file for future use. Bring your interactions with your supervisor with his unreasonable demand in writing to the notice of the HR in a very polite manner. Also make it clear, that it doesn't comfort you to share the new company details with them, at this moment and they need to treat him with dignity, as a guide to existing employees.

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