• Resignation and releiving related issue with employer

I have 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 which was approved by my bossdue to this 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 of pervious company BUT no one can reply on my mail.
What should i do in this conditon
Asked 7 years ago in Labour

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8 Answers

1)visit your ex employer and request them to with draw the absconding letter issued to you . mention that you have resigned from company on 5th january 2017 .

2) your resignation was duly accepted by the company on 15h januray 2017 and they agreed that your last working day would be 15th januray 2017

3) mention that notice period was waived by the company

4) inform your ex employer that on account of absconding letter you would lose your new job

5) if ex employer refuses to listen to reason contact a local lawyer and issue legal notice to the ex employer

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

case would take years to be disposed of .

litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1) legal notice has to be sent through lawyer only

2)you can file case against company before court if it refuses to listen to reason

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

Dear Querist

if you are able to draft the Notice legally, then there is no boundation that the Notice should be issue through an advocate But it will be better to issue a legal notice through an Advocate who know the Law very well, in case any point of law or facts missed in your notice then the employer may take benefit of your own wrongs.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. you should file a case before the labour tribunal, it takes less time than the regular court.

2. if relieve letter is granted/issued on the basis of abscondance then your previous company is bound to show a notice issued by it in respect of your absconding. if such notice has not been given at your last known address then this relieving letter is void. it shall be invalidated by the tribunal.

3. you can also claim compensation against this act of company because it is an attempt to tarnish your character and career.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If you dont get response to emails, you should resort to send the request/demand letter to the top management by registered post with a copy to the HR.

After this also if you dont get a reply or response, you may resort to legal action by first sending a lawyer's notice demanding the relieving letter and experience letter along with other dues you are eligible.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Will i file the case against the company and how many days require for resloving the case.

You first consult a service law practicing lawyer in the local, send a legal notice and try to solve the issue amicably, if it is not effective then you may go for filing case against the company as per the advise of local lawyer

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

i have told the same to my previous company.but they are not respond on same.

Can i direcrly send the legal notice without and advocate .or can i file the case in labour court against the company

There is nothing wrong in issuing a legal notice by yourself to the previous company.

The labor court option may be kept as last chance

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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