Hi guys,
I was working for a very small company and i have resigned from that company but the did not serve the notice period as it was never in the agreement and when i asked for the relieving they have asked me to serve the notice period and when i have told them that it was never in the agreement(many employees and my colleagues got relieved with out serving the notice period) and why its special in my case they said its in the interest of the company. However, i got a very good offer from another company so , so now i have joined another company and they have recruited me without relieving.....but however my old company have sent me a suspension letter after resignation stating that i am absconding.and they started harassing me by sending an letter to the new company i am working as i am still obliged to their company norms and rules..So however i went to my old company and asked them that i would pay them the money or else i will serve the notice period, but they are very mad that i have left the company and are saying that neither they will give my relieving nor allow me to serve the notice period. they are forcing me to work in their company as that's the only option. but i left the company as their pay scale is pathetic. so i am really find myself messed up i cannot work in that old company for that salary and neither they leave me......i explained the situation to my new company HR they understood by they said they are helpless and to resolve on my own........please please help me.......i am really desperate....
From India, Madras
I was working for a very small company and i have resigned from that company but the did not serve the notice period as it was never in the agreement and when i asked for the relieving they have asked me to serve the notice period and when i have told them that it was never in the agreement(many employees and my colleagues got relieved with out serving the notice period) and why its special in my case they said its in the interest of the company. However, i got a very good offer from another company so , so now i have joined another company and they have recruited me without relieving.....but however my old company have sent me a suspension letter after resignation stating that i am absconding.and they started harassing me by sending an letter to the new company i am working as i am still obliged to their company norms and rules..So however i went to my old company and asked them that i would pay them the money or else i will serve the notice period, but they are very mad that i have left the company and are saying that neither they will give my relieving nor allow me to serve the notice period. they are forcing me to work in their company as that's the only option. but i left the company as their pay scale is pathetic. so i am really find myself messed up i cannot work in that old company for that salary and neither they leave me......i explained the situation to my new company HR they understood by they said they are helpless and to resolve on my own........please please help me.......i am really desperate....
From India, Madras
There may be different perception to notice period and relieving after an understanding. I do believe that compelling an employee to work in an establishment where he does not like to continue is not a good practice of HR. And if there is nothing in the contract of employment that insists an employee to service notice, then there is no right on the part of employer (previous) to send letters to an employee or his present employer saying the employee has been absconding. Well, there can be an understanding between the employer and employee that till a replacement is made, the employee should remain in office. Beyond that employer can not compel an employee to work for him only (as if the employee is "BONDED LABOUR")
I believe that (though there have been controversies about it) there is hardly any law which makes it obligatory on the part of an employee to serve notice before he quits, though Industrial Disputes Act makes it obligatory on the part of employer to give notice to employee(s) if he wants to terminate employee(s). In the absence of any agreement to contrary any notice sent by the employer to an employee will have no validity and hence to be ignored.
However, when it is sent to the employer (new) there is every chance of apprehensions about once career. Here the role of HR is to value the content of the letter received from any other employer in its spirit. If you fail to convince the employer what has happened you will get stuck. Therefore, you have to take initiative to stop such letters from the source itself by convincing the other party, ie, the past employer. There is nothing which is non compromising. But even after discussions, if the past employer is not in your way, forget about any letter from the employer or simply walk out; let the past employer go to court! If you have confidence on you and the labour in you, you need not worry about your career as well; there may be sufficient opportunities for you.
Regards,
Madhu.T.K
From India, Kannur
4193I believe that (though there have been controversies about it) there is hardly any law which makes it obligatory on the part of an employee to serve notice before he quits, though Industrial Disputes Act makes it obligatory on the part of employer to give notice to employee(s) if he wants to terminate employee(s). In the absence of any agreement to contrary any notice sent by the employer to an employee will have no validity and hence to be ignored.
However, when it is sent to the employer (new) there is every chance of apprehensions about once career. Here the role of HR is to value the content of the letter received from any other employer in its spirit. If you fail to convince the employer what has happened you will get stuck. Therefore, you have to take initiative to stop such letters from the source itself by convincing the other party, ie, the past employer. There is nothing which is non compromising. But even after discussions, if the past employer is not in your way, forget about any letter from the employer or simply walk out; let the past employer go to court! If you have confidence on you and the labour in you, you need not worry about your career as well; there may be sufficient opportunities for you.
Regards,
Madhu.T.K
From India, Kannur
Hey frnd there is a provoision of 1 month notice or in case of immediate resign I have to pay the gross salary for the number days i m not serving notice period, but now my mangment is not ready to accept my immediate resign. please help as i m in need
From India, Delhi
From India, Delhi
In Rajiv's case I agree with Madhu. Also, be very open with the current employer and build a good rapport quickly. Tell the current employer that you would have gladly served the notice period if it was required otherwise they will think you will do the same thing to them later. Tell the previous employer that you will call the labor department of the police if they did not stop harassing you.
They are just bluffing and can not do anything....
From India, Chandigarh
They are just bluffing and can not do anything....
From India, Chandigarh
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