Bharat Gera
Principal Hr Consultant
Ashutosh Thakre
Hr Professional

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I ahve resigned from my old company on 5 jan 2017 and i have clearly mention last working on web page resignation and hard copy of resignation acceptance letter as 15 Jan 2017.i have not serve the full notice.and joined the new company on1 feb 2017.company issue me the experince letter in which last day of separation is mention as 3 Feb 2017. They have treat my resignation process as absconding from the service on this basis they have issue me the abscconding letter but not even a single letter i have receive from the company regarding this.
They are not ready to accept my last working day as 15 jan 2017. But before leaving the company the exit process is completed and last working is 15 jan 2017 was approved by my reporting boss. And there is no second approval require in system for exit.
My new company not accept this letter and want to resign me form job.
I have already send mails to Senior HR BUT no one can reply on my mail.
What should i do in this conditon?
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This is a typical case, where you have not served the entire notice period, also have not received a written acceptance of the last date of working.
You as an individual has decided that 15th would be your last working day, thou it may be 20 days less than the notice period demanded. Also, if the same was not approved in writing that you would be relieved early, then that would be a problem. So, nor you have a leave sanctioned after 15th nor you have a written proof that 15th was accepted as your last working day. Based on this the company has given you the absconding letter.
If, you have resigned and not reporting, then what action you want the company to do, when you yourself are not going the legal way.
Sir i have a hard copy of resignation letter in which clearly mention my last working day and also mention in the web page of resignation website same was approved and accpeted my immedate reporting boss.and in system there is no 2nd approval option.
But company not consider the same as my last working day as 15th .
In this case can i file legal case against company.
There would also be a letter, which says that your notice period is 1 month. You may give any date as your last working day, but the company has to accept the same. Does the letter specifically mention that the company has accepted the resignation and the Last date of Working is so and so...
You may take a legal action, but the company has your appointment letter, which will say that you have to server the 30 days of notice. What are you going to do on that front. You have knowingly gone against the rules. So best luck with the legal framework.
The dates that you have written are not what is your last day of working, the dates that the company gives in writing and those that are in accordance with the company policy are the final dates.
So, think the next time, before, you want to cheat the system.
In every appointment letter there is a exit clause for the employee as well as employer, which says serve the notice period or pay in lieu of the notice period not served.
The employer here is behaving in a nasty manner which is uncalled for and undesirable.
If you wish to fight it, then you need to take legal help as the employer is at fault here (I do not say that you are not at fault, you are at fault as you have not served the full notice period).
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