ChaitaliS
Senior Executive - Hr
Adityaganju2222@yahoo.co.
Administrator / Manager
Karthiks
Programmer Analyst

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My wife currently working with a software firm and have submitted her resignation letter yesterday. She will not be able to serve the notice period due to some personal reason.
She has mentioned in her resignation letter that she is ready to pay the notice breakage amount applicable, but her firm is not ready to accept the same. The firm is ready to accept the resignation but asking her to serve the notice period, which she really cannot.
Can the firm legally still hold the relieving letter or experience letter?
Will she have any issue getting a job after a year without a relieving letter?
Will she have any issue during her background check when she plans to work after a year or so?
She has the following document like experience certificate (dated few weeks back), all the pay stubs (past 1year), appointment letter, confirmation letter, resignation letter copy. Also she has completed her bond period with the firm (i.e. 2 years).
Thanks in advance
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Hello,
Company cannot do this to your wife. As you have mentioned she has completed 2 years (bond) plus also ready to pay salary instead of serving notice period....Company is doing this coz they are loosing one employee without getting back-up for the same....
It would be better if you clear this matter through mutual understanding...coz legally company doesnt have rights to withhold anything in your wife's case...
As far as relieving letter is concerned, try to get it coz some companies do ask for the same at the time of joining.....She might face some problem when she again hunt for job in future.....
In short, Simply legally company cannot hold anything... she can get relieved by paying salary instead of notice period....I would suggest that if she has got good relation with then try to search for some back up for company before relieving.......Practical solution!
Rgds,
Chaitali
Hi Karthik,
I am not sure what exactly mentioned in your wife's appointment order/contract/bond. If the company's present stand is based on the mutually agreed upon terms , your wife has no other options...but to stay with the firm till the end of notice period
If the company HR is acting againt the signed contract, you can either request HR once again to release the letters and accept the notice pay
or you can escalate the issue to top management. If your wife is a very critical resource ( specialised skills/trained at company cost) , naturally HR will try to discourage the employee to quit/or atleast they will try to retain the resoruce till they hire another resource
Employment verification/reference check/background verification is strict in india and it is not advisable to go without final settlement.
Thanks Chaitali,

Question – If the company’s HR still says that they would not provide the documents even if we are ready to pay the required compensation amount,

Is there way we can get the documents from them, I mean legally?

Pls advice

----------------------------------------------------------------------------------

Thanks Sree

Question - There can be many unavoidable circumstances (personal/medical reasons) which can force a person to quit his/her job. Does that mean that company can still force a person to continue his/her services? Does this not mean bonded labor?

Quitting a job with a formal resignation letter means that the person tried to come out the company legally and is bound to get his/her documents from the firm right?. Also the resignation letter contains the details regarding means to compensate the notice period breakage.

Even if a company in future does a background check, I have all the right to state that the company where I was employed didn’t provide me the required document and I was forced to break my notice period due to personal reason. Will this not suffice?

Please advice.
Dear Karthik,

If the employee wants to quit or cannot continue to work in an organization where in employed, the person certainly has an option of quitting by paying the notice period amount if that is the option given in the mutual terms of agreement. However, it is better to back up this claim by a well reasoned and drafted letter in order to settle the issue amicably in so far as possible. Generally it is better in the long run or short, not to burn the bridges.

Now-a-days many companies do not bother about these things but there are a considerable numbers who ask for a clean chit from the previous employer. No organization has the sole right of not relieving a person when the person has offered to pay salary in lieu of the notice period; if that is contained as an "either or" option in the agreement, or the organization will have to legally prove without a doubt that the sudden absence of the person employed is going to greatly jeopardize the interests of the company, its functioning or the provision of its service being thus affected will endanger the public interests. Even if it were so, it is questionable as to how a company could not have a fool-proof clause in its appointment letter (contract terms and condition) when taking such a person into employment on the rolls of the company.

regards,

M.A.Ganju
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