Dear Sir/Madam,
I joined organization A in July 2014 and worked there until March 2017. I was asked to submit a resignation as the company decided to transfer me to organization B, which is in the same office premises, with the same reporting manager and other officials as before.
As I come from a not-so-well-established family, I was compelled to resign on April 8, 2017, with my resignation letter backdated to March 1, 2017, as drafted by the company. The organization had a notice period of one month or salary in lieu thereof. On April 17, 2017, I received an office circular via email stating that I had been promoted to Assistant Manager in organization B, but I still hadn't received the appointment letter by then.
During this time, I got a better opportunity with organization C and was in the interview stage. Around the last week of April 2017, I was given an appointment letter by company B, which stated a notice period of three months or salary in lieu thereof. I submitted a signed copy of the same. Now, after resigning from organization B and serving a one-month notice, organization B is not issuing me a relieving letter, which is essential for joining organization C. Organization B is asking me to pay two months' salary as a precondition to issue the relieving letter. I am the sole breadwinner for my family and cannot afford to pay this amount as I lack the necessary savings.
It was coincidental that when I was interviewed by organization C, my notice period was extended to three months by organization B. I had no idea about this as I hadn't received the appointment letter by then and was under the impression of a one-month notice period as with organization A. After all, organizations A and B are sister concerns, and I informed organization C of a one-month notice period. I discussed the entire issue with my seniors before resigning and was assured that if someone is leaving for a better prospect, documents would not be withheld. Despite my efforts, they insist on the two months' salary.
I am in dire need of expert advice as I am mentally distressed. I cannot afford to lose my new job, nor do I have the funds to pay two months' salary since I didn't receive my last month's salary as compensation for the one-month notice out of three months.
The appointment letter from organization B neither mentions a probation period nor confirmation and other crucial elements. If they wanted me to be in the other sister organization, why ask me to resign instead of transferring me to organization B? How could I be promoted on my first day of appointment?
Please advise if the following points are possible: if the appointment letters are signed by the same person in two different ways in different capacities of organizations A and B, and how I can resolve this without paying. Organizations A and B are Private Limited companies.
I have explained this case to several people, but they all dismiss it as ridiculous. I have every document to support my claims, and I finally discovered this website, hoping someone will truly help me out.
Regards,
Archer
From India, undefined
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I joined organization A in July 2014 and worked there until March 2017. I was asked to submit a resignation as the company decided to transfer me to organization B, which is in the same office premises, with the same reporting manager and other officials as before.
As I come from a not-so-well-established family, I was compelled to resign on April 8, 2017, with my resignation letter backdated to March 1, 2017, as drafted by the company. The organization had a notice period of one month or salary in lieu thereof. On April 17, 2017, I received an office circular via email stating that I had been promoted to Assistant Manager in organization B, but I still hadn't received the appointment letter by then.
During this time, I got a better opportunity with organization C and was in the interview stage. Around the last week of April 2017, I was given an appointment letter by company B, which stated a notice period of three months or salary in lieu thereof. I submitted a signed copy of the same. Now, after resigning from organization B and serving a one-month notice, organization B is not issuing me a relieving letter, which is essential for joining organization C. Organization B is asking me to pay two months' salary as a precondition to issue the relieving letter. I am the sole breadwinner for my family and cannot afford to pay this amount as I lack the necessary savings.
It was coincidental that when I was interviewed by organization C, my notice period was extended to three months by organization B. I had no idea about this as I hadn't received the appointment letter by then and was under the impression of a one-month notice period as with organization A. After all, organizations A and B are sister concerns, and I informed organization C of a one-month notice period. I discussed the entire issue with my seniors before resigning and was assured that if someone is leaving for a better prospect, documents would not be withheld. Despite my efforts, they insist on the two months' salary.
I am in dire need of expert advice as I am mentally distressed. I cannot afford to lose my new job, nor do I have the funds to pay two months' salary since I didn't receive my last month's salary as compensation for the one-month notice out of three months.
The appointment letter from organization B neither mentions a probation period nor confirmation and other crucial elements. If they wanted me to be in the other sister organization, why ask me to resign instead of transferring me to organization B? How could I be promoted on my first day of appointment?
Please advise if the following points are possible: if the appointment letters are signed by the same person in two different ways in different capacities of organizations A and B, and how I can resolve this without paying. Organizations A and B are Private Limited companies.
I have explained this case to several people, but they all dismiss it as ridiculous. I have every document to support my claims, and I finally discovered this website, hoping someone will truly help me out.
Regards,
Archer
From India, undefined
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Dear Archer, you need to focus on the key points of your query. You have created quite a complication. Can you share the appointment letter of Organization B or tell us specifically what the notice period mentioned in the said letter was? Who is the signatory of the appointment letter of Company A and Company B, and what is their designation? One person can sign letters for two companies if they are sister companies. When was your notice period extended to 3 months, and how was it communicated? What did you do when you got this information? The information is required in plain and simple words without any color of your opinion to advise appropriately.
From India, Thane
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226From India, Thane
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Appointment Letter to an Employee for fixed period.doc