Dinesh Divekar
Business Mentor, Consultant And Trainer
Senior Manager Projects - Motherson Techno
Learning Change - Practicing People &
+1 Other

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Guy was working with one bank and then got a job in a bigger better bank, meanwhile after getting that job his present employer terminated his job since he was absent for 58 days. They sent him a notice a month back and asked him to join within a month and explain why they shouldn't terminate his job.While he didn't join he did explain reason for absence via email.
They r now not considering the email as valid way of responding also while he submitted his resignation they saying one month is over and termination procedure started.
The issue here is while joining new job he is supposed to submit releiving letter which he won't get if he is terminated. What can be done? Will termination letter act as substitute for relieving letter since termination letter will mention that he no longer works with his previous bank. Since he has already got the job will termination hamper anyway?

Dear friend,
Career advancement is natural urge amongst everybody and if it were so in this "guy", then he was no exception. Nevertheless, sooner getting a new job, abandonment of the the current employment was nothing but effrontery. He could have checked the terms mentioned in his appointment letter (not offer letter, please note), served the notice period and left the job honourably. By suddenly stopping for reporting for the duties, the "guy" has brought ignominy to this separation. His sudden exit may not just jeopardise his employment in the new company but it could nullify his tenure in the previous company as well. This is because if he is not issued Service-cum-Employment Certificate then he will not have proof of employment. In case if it is issued but if in the remarks column, if it is written that "Services Terminated because of Voluntary Abandonment of Employment", this type of certificate will have no value in the job market.
Well, legally speaking, abandonment of employment was misconduct and his company should have ordered domestic enquiry. Since the termination is without conducting enquiry, it is legally challengeable. But to prove it would be quite arduous. Secondly, there is no guarantee that the court verdict could be in his favour!
From the entire episode, the lesson that this "guy" can learn is not to make unwise as well as undue haste. At this stage, the only option that is left with him is to talk to HR of the current company and seek waiver from the submission of the employment certificate. However, how far HR will show clemency to this demand that remains to be seen.
Dinesh Divekar

Termination letter is not an substitute of relieving letter.
Also I feel if the guy shows his termination letter to his new employer, he may loose his new job as well. As the new employer may have serious concerns on commitment and ethical approach of the employee. When I see hundreds of post explaining what wrong companies do to their employees. A professional like this guy also needs to understand what he did was absolutely wrong and unethical.
Each of professional has right to build his career and grow in life but Jumping jobs without proper exit process compliance & breaching terms as stated in employment contract, just because of better perks or benefits or brand does not improve or help in long run.
It may not written in management books or may not be so called professional approach but in situations like as explained above the guy may write an apology letter to his last employer stating his immature behavior and seek for support.
After which it is solely on his past employer as what and how they act.

Termination Letter and letter of acceptance of resignation will not substitute Relieving Letter. Relieving Letter certify that the individual has handed over his duties/documents/assets in tact and has not liability on the date of issuance of the letter. If the future employer demands, he will have to submit the same. Unfortunately, people who are not courteous, fail to foresee all these requirement and fail to do their obligations when they see other source of employment.
In this case, he has already burnt the bridge, he has appeal for a letter of relieving now.

Termination letter does not replace relieving letter.
It is good to serve the notiece period. After serving notiece period if employee did not get the relieving letter he can write one more request letter mentioning that he or she is in need of relieving letter and notiece period is served.
In any case communication should be in mail and if failed make registered post.
Also the same can be communicated to next employer that relieving letter will get delay but it is guarantee.
In my career i relieved the persons as of now within one month as they have contributed for organisation.
If we trouble the resigned employee they will not make their mind to rejoin if required.
1)Hurted employee can damage the business when he grow in future
2) Other employee may draw different meaning.
Employee development and multiskilling will solve both employee and employer problems both.

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