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Anonymousauthenticator
Company A has hire me on Cntrat to hire C2H role for Company B.

My payroll company is Company A.

Now I have put down my papers 10 days back in Company A. Till now I have not received my LWD (last working day) from Company A.
They are saying it is dependent on Company B.

Now only 5 days left in notice period under Company A.

As per offer letter of Company A it is mentioned that notice is of 15 days, no where it is mentioned that LWD is dependent on Company B and until LWD is provided by Company B, they can't release me.

Now I will relocate to a different city and join a new company called Company C on 6th May.

Please share ideas on what can an employee do in this situation.

From India, Kolkata
Madhu.T.K
4208

The Company B is only the Principal employer and he cannot take a decision about your relieving. It is the responsibility of your employer, Company A to take it. But you can informally ask the your reporting officer in Company B about your relieving. After 15 days you can personally handover the charges and complete the handing over.
From India, Kannur
Anonymousauthenticator
So if they do not give me an LWD, I can submit my laptop and id card for Company B (principal employer) and then go to Company A office and inform the same to them via an email.

If I do this? will they send me a exit email and relieving documents along with FnF? Will they verify my employement when BGV is done from my new employer ?

I am worried that they should not mess with my BGV verificationa and they do not give me relieving documents, what happens then?

From India, Kolkata
Madhu.T.K
4208

What kind of background verification can be done when the company itself is doing wrong? Who is your employer? Company A. Then who should relieve you, Company A only. If, in order to leave your employer, you need the permission of another person, ie, the Company B, that itself shows that the contract is just sham one. If that is the case, you should be taking permission from the officers of company B only for leave, right? Therefore, there is no relevance for any background verification in this kind of arrangement.
From India, Kannur
saswatabanerjee
2385

Unfortunately, your relieving letter, F&F and BVG will always depend on the goodwill of your employer. This is not USA where you can sue them for giving a bad review and therefore they are scared to so anything other than verify the working period.

How much of a difference it makes in your new company, that I cant say because I do not know them. You need to take that call. You can speak to HR there, tell them you have officially resigned (I hope you have a signed letter or an email confirmation that you have resigned) and what to do if they do not give you a reliving letter.

You need to decide on your action keeping in mind what is best for you, irrespective of how illegal the action of the employer is.

From India, Mumbai
Anonymousauthenticator
As proof I have

1) Offer letter from Company A.
2) Payslips from Company A
3) EPFO statement that PF was deposited every month from Company A.
4) EPFO service history where it lists from the date I have started working in Company A
5) Bank statement where salary credited from Company A mentioned
6) Resignation email and HR's reply to it agreeing that notice period is of 15 days.
7) Entire email chain where I have asked for LWD since Day 1 of notice period and the response I received waiting for LWD from Company B
8) Photo of Id card from Company A and Company B.

As proof I have already submitted Offer letter and salary slips to Company C for BGV.

Now how can they lie in BGV saying I didn't wotk? I have proof of employment and secondly they might say he didn't serve notice period or absconded, that also I can contest with the resignation email and email chain that I have served notice period of 15 days.

Hopefully Company C can understand I have not lied and also served full notice period but it's Company A who is doing a fraud and a scam.

From India, Kolkata
saswatabanerjee
2385

As I already said, best thing is to talk to HR in your new company and appraise them.
But the problem is for now and future jobs also.

You have enough proof that you worked there and completed notice period.
Actually you have proof that you offered to complete it, no real proof that you completed it. Try and collect some.
During BVG, they may not refuse that you worked there, but may say you absconded, or that you were bad at work, or even that you were removed from bad behaviour, bad work, etc. It depends on how professional the company is. It is possible that the HR will be long gone and no one will know of you, so they will simply look at records. But we are only speculating here.

The biggest problem is that you can refute a bad BVG only if the company reverts will all details. If they simply say you failed BGV so you are being terminated, you dont get a chance to explain. Remember that alway.

I am not saying bow down to a bad company. just saying be aware of the possibility so you can prepare for the responses.

I would inform HR of all prospective employers that you had a problem with this particular contractor employer.

From India, Mumbai
Madhu.T.K
4208

If you have mail communications regarding last working day, that would prove that you were an employee of Company A working for Company B. The background verification is just to observe whether the employee has worked in a particular organisation r not, and if worked, whether he was a good employee or bad employee. If a bad employee submits his resignation, naturally, the employer will ask him to go immediately. The maximum the company would do is to ask him to serve the notice period. A company will never ask a bad employee to continue beyond the notice period. But a good employee who is contributing to the goals of the company will not be allowed to leave. A good employee will always be employable also. If he gets a good opportunity and leaves the company after completing the required notice period, how can the employer give a negative feedback? Even if a company gives a negative feedback how can another company believe it to be correct?

Therefore, if the Company C is convinced that Company B is not relieving you, why should you wait? Complete the notice period and just handover the things. take photocopy of the Id card if required. If your background verification agency sends a report that you were not a good employee, you just ask "then why didn't that employer relieve me when I submitted resignation? Obviously, if I were a bad employee, immediately on submission of my resignation, they should have accepted it and relieved me."

From India, Kannur
Anonymousauthenticator
Thanks a lot for your suggestions. I will keep this post updated on what happens so that there is a real life example documented somewhere.
From India, Kolkata
Anonymousauthenticator
There is 1 major update.
I had conversation with both Company A and Company B today.

First HR from Company A told me they are aware that my joining date is 6th May and will definitely get me released before that.

Then Manager from Company B is saying that, I have to serve a minimum notice period of 30 days, since I officially put down my resignation on April 16, then they can release me on May 16.

I called HR from Company A and she told they have received email from Company B stating resignation is accepted and asked Company B to start the exit process. But have not shared the LWD yet, she again confirmed that don't worry and gave me assurance.

This is such a critical & weird situation.
I am direct employee of Company A and their official notice period id 15 days.
Why Company B even asking to serve notice of 30 days?

God knows what will happen, will I even get proper release from the organization.

From India, Kolkata
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