If the system is tweaked then you have to go with the terms of the offer letter or any other written communication . This can be handled.
Regards
G.Rajaganapathy
Foul play company
Hi Team, Your advise to this matter is very much helpful. I started working in a XXXX company on Sep 2018 . As per the company policy confirmed employee will get the confirmation letter in written in case of satisfactory of performance. My case i didn't get any confirmation letter till i drop down my papers. As a result showed me 30 days notice period . I informed my manager that in the system it showing 30 days notice period and my last working so an so. The manager intimated the HR to my surprise after 15 days they manually changed the date in the system and it got changed and it reflected as 30 days noticed period and 60 days need to be recovered. I was still fine if can pay 60 days amount and leave the company by giving 30 days working day. on my last working as per system when i am the system everything has been changed and they made 92 working days. I was shocked with this. when i asked the management they are blaming HR and when i asked them he is telling some technical issue. I sent an official email to the manager and head of HR department stating that today was my last working as per the system i handed over my ID card to the Manger where in he didnt accept hence i sent via registered post to HR. The management sent an mail stating i have to give 90 days notice period. I was mentally depressed and also my family. Kindly give some advise . I want the relieving letter. In case if i join any other company they will do background verification to this XXXX company and they will stay that i am absonding i will lose my job in both the company. I literally begged the management no use. please help
Asked 4 years ago in Labour
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15 Answers
You can resign if you don't want to give notice period you can buy the same by paying basic salary for the same
In back ground check, previous company may say anything, you have no hold on it. Just serve resignation mail and demand for full and final. It not released, issue legal notice for initiation of legal action and compensation for harassment.
relieving letter and all other F&F you can get by approaching labor commissioner.
1) Sir as per offer letter and as per the policy it turned to be my side. because i am asking per the policy which is available in the offer letter. 2) Sir They are not ready for buyout option as well they are not ready to releasing me. asked so much. how to proceed? 3) I sent an official email stating For F& F they are telling me to serve 90 days noticed period or else the will mark me as absconding. New offer is ready i have to join with one week . will the problem solve with a week will i get justice in short time . because new company will verify with old company if the old company states absconding i will loose job. Kindly suggest?
Asked 4 years ago
You must be having your appointment letter
2) you have to serve notice period as per terms of your appointment letter
3) mo need to serve 90 days if appointment letter mentioned 30 days
4) you are not an absconder as you served notice period as per terms of your appointment letter
Inform the situation to new employer. Mail your resignation on the official `i`d of HR. NO absconding.
1. Even there is no policy you can buy notice period
2. They need to do it else you can go before officenof labour commissioner for the remedy
3. Send legal notice and file a complaint against the company before labour commissioner office
Better serve the notice period or inform your new employer about the predicament .
See this is illegal practice by the company you can give legal notice to the company asking reliving letter and the full and final payment as company has illegally changed the date of reliving several time and same is not permitted.
Further on notice if company fails a suit for damaged and direction of reliving letter can be filed.
Give them notice quoting complete instance and seek relief of full and final payment and the reliving letter.
Explain to your new employer that management is refusing to give you a relieving letter and asking you to serve notice period of 90 days although offer letter mentioned only 30 days
2) company unilaterally changed the policy and you have never given your consent
3) if your new employer is willing to employ you without relieving letter then join the organisation
4) if it insists then serve 90 days notice period
Hi
If your appointment letter contains 30 notice period and if you serve same it is fine.
In case if the HR changed its policy they need to inform you which is not done.
You can send notice to them to relieve you and make F&F.
In case if they fail to honour your notice then lodge complaint with concerned police.
You will not be labelled as Absconder, since you followed due process of law.
Good Luck
Dear
You need to serve them a legal notice through your advocate for relieving letter as per your conversation with manager and HR.
If they refuse to provide relieving letter then you can file suit against them for harassment mandatory injunction and compensation for not providing relieving letter on time due to which you have lost good career opportunities.
Well as you know that Employer is not ready to relieve you early and the respective T&C (Highlighted above) also says clearly about it, you have to complete your period.well could you share the reason of your resignation and why you cant complete your notice period of 90days
The option you have in your hand is to convince your immediate reporting Manager/Boss with valid reasons to relieve you earlier else have no option and must complete your notice period gracefully.
You may confirm that if you were a confirmed employee as on the date of your resignation.
If they have not issued any letter confirming your job, then you just send your resignation letter or remain silent after having sent the resignation letter and on completion of the said 60 day notice period, you may send a legal notice demanding your relieving letter as well a F&F settlement with experience letter.
This communication should be made byb registered post and keep a copy of the same so that in case of dispute in future you can produce this as documentary evidence.
The company cannot keep changing their policy at their whims, you may mention this gimmicks in your letter of intimation so that it will remain in records to enable you to legally fight this menace.
As per law the company cannot hold you back in the company especially if you are ready to compensate the notice period by equal sum of your salary for so many number of days.
You can take the company to court of law by filing a writ petition in case they are trying to ruin your career.