V.Raghunathan
Process Industry Consultant / Soft Skill
Ukmitra
Business Development, Employee Relations,
Nathrao
Insolvency N Gst Professional
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Gvstemp
Marketing

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I have been working for this company for the past 1year. In spite of repeatedly asking for it I did not get an appointment letter. Now I have resigned with one week notice. They want me to serve 1-month notice, otherwise, they will withhold the appointment letter & relieving letter and give it after 3months. The thing is I am not sure that they will. I am being told that people in the 'important' position as mine cannot leave like this. I do have payslips, an increment letter and a couple of employment statements issued for certain other reasons. Meanwhile, in past one year I have seen multiple times people getting fired for no concrete reason (performance not up to level) and with absolutely no warning or notice. They do give an appointment letter along with a relieving letter!

I have an offer with a better company and they won't wait for 1 month. The HR of the new company has told me to get what I can and they will figure it out.

Now I do not feel like staying there for even a day. I need expert to advise on what should I do. I don't want to do anything that can give me legal trouble.

Also, can they withhold my PF papers?

From India, Bengaluru
Hi,

No, they cannot withhold your PF or your experience certificate or your salary. If they do, they can't imagine what big trouble they are calling for.

If the position was no important how can they employ you with a contract in place. Are they weirdo or living in Mars. I am so wanting to know What company is this? (ofcourse don't write in public, but maybe in private message section}.

Firstly, don't serve the 1 month notice, since they did not give the appointment letter you are not bound to serve such clause which was not shared with you.

You know what my suggestion;

Meet a Lawyer/Solicitor and send a legal notice to the company. The Lawyer will be very happy to help you as the case is in your favor.

The company you work has acted against all the applicable law in India and it seem they have never met any employee like you.

Join the new company and inform them that your experience + reliving letter, if required will be given shortly as you are settling the matter with your ex-company .

Ukmitra

From Saudi Arabia, Riyadh
Dear GVStemp,
You can tell all the facts to the prospective new employer
and ask the advice from their HR department.
I am sure once they hear the facts and see the documents
you have mentioned, they can take a call and ask you to join.
V.Raghunathan

From India
Legally nothing much can be done by the company-if you hand over all assets/documents of the company + a brief of your work status.
Give a proper written resignation(not an email one) to convey your intention to sever employer-employee relationship from -----Date and try to obtain acknowledgement.
What is the "important" designation you worked in?(important as per company but not important enough to give appointment letter before employing you)
What learned member Shri Raghunathan has told is is what is important.
If your new employer has no problems in hiring you without relieving letter,then there is no problem.

From India, Pune
Dear Mitra,
Never burn your bridges ....pl do not take recourse to any legal action !This is just the begining of your career.....if not today after 5 yrs your this references check can do more damage than good to you....you may win a battle but loose the war !!Pl serve one month notice which will pass like a jiffy ....negotiate for the employment contract n relieving ltrs...somehow make your new prospective employer understand your situation ...n they will surely wait for you ! One month joining is normal waiting pd & a trend in industry !
Rgds
Santosh

From India, Mumbai
Hello Gvstemp,
Without contradicting other members on the options you may have, suggest also look @ the issue/situation from another perspective.
You have worked here for 1 year.......while the new Company would surely be happy to have you onboard WITHOUT any Relieving Docs.....after all, their job is done the moment you join them.........it's YOU who needs to think IF this is the BEst option for you.
Covering a career gap of 1 year later on.......say 1/2/3/4/..... years down the line, would be tough for you & in all probability, would create situations for YOU to fake/lie about the gap. And getting the relevant Docs for this 1 year exp later on would be next to impossible.
Suggest give this a thought & take your [email protected] the EoD, it's YOUR career & life. The members can only give you leads to the options available.
All the Best.
Rgds,
TS

From India, Hyderabad
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