hr not giving the relieving letter
7 months ago
hi all , i am working in a company where the notice period is 6 months , but i got an offer and the joining time is 2 months , how to deal with this situation . and my present employer is not at all willing to giving me the relieving letter.
A.Dear Client,
Dealing with a situation where you have a new job offer with a shorter notice period than your current employer's requirement can be challenging. Here are some steps you can consider:
Review Employment Contract: Carefully review your current employment contract or offer letter to understand the terms and conditions related to the notice period, relieving letter, and any consequences of breaching the notice period.
Negotiate with New Employer: Reach out to your new employer and explain the situation regarding your current notice period. Request flexibility in their joining date, explaining that your current employer requires a longer notice period. Many employers are willing to accommodate such requests, especially if they value your skills and experience.
Offer Compensation: If your new employer is unable to accommodate a longer notice period, you can offer to compensate your current employer for the shorter notice period. Discuss this option with both your current and new employers to see if it's feasible.
Talk to HR: Initiate a conversation with your current employer's HR department. Explain your situation and discuss the possibility of reducing your notice period or reaching a mutual agreement. Be open and professional in your communication.
Documentation: Ensure that all communication regarding this matter is well-documented, including emails, letters, or any agreements reached. This documentation can be useful if any disputes arise later.
Legal Consultation: If you face resistance from your current employer and believe that your rights are being violated, consider consulting with a legal advisor or attorney who specializes in employment law. They can provide guidance on your specific situation and advise you on how to protect your interests.
Exit Without a Relieving Letter: If all else fails and you choose to leave your current job without obtaining a relieving letter, be aware that this may impact your future employment prospects. Some employers may require a relieving letter as part of their hiring process. You can explain your situation to prospective employers during interviews.
Professionalism: Maintain professionalism throughout the process. Resign formally, follow company protocols, and fulfill your responsibilities to the best of your ability during your remaining time with your current employer.
Remember that employment laws and practices can vary by jurisdiction, so it's essential to consider the legal implications of your actions in your specific location.
Thank you.
Dealing with a situation where you have a new job offer with a shorter notice period than your current employer's requirement can be challenging. Here are some steps you can consider:
Review Employment Contract: Carefully review your current employment contract or offer letter to understand the terms and conditions related to the notice period, relieving letter, and any consequences of breaching the notice period.
Negotiate with New Employer: Reach out to your new employer and explain the situation regarding your current notice period. Request flexibility in their joining date, explaining that your current employer requires a longer notice period. Many employers are willing to accommodate such requests, especially if they value your skills and experience.
Offer Compensation: If your new employer is unable to accommodate a longer notice period, you can offer to compensate your current employer for the shorter notice period. Discuss this option with both your current and new employers to see if it's feasible.
Talk to HR: Initiate a conversation with your current employer's HR department. Explain your situation and discuss the possibility of reducing your notice period or reaching a mutual agreement. Be open and professional in your communication.
Documentation: Ensure that all communication regarding this matter is well-documented, including emails, letters, or any agreements reached. This documentation can be useful if any disputes arise later.
Legal Consultation: If you face resistance from your current employer and believe that your rights are being violated, consider consulting with a legal advisor or attorney who specializes in employment law. They can provide guidance on your specific situation and advise you on how to protect your interests.
Exit Without a Relieving Letter: If all else fails and you choose to leave your current job without obtaining a relieving letter, be aware that this may impact your future employment prospects. Some employers may require a relieving letter as part of their hiring process. You can explain your situation to prospective employers during interviews.
Professionalism: Maintain professionalism throughout the process. Resign formally, follow company protocols, and fulfill your responsibilities to the best of your ability during your remaining time with your current employer.
Remember that employment laws and practices can vary by jurisdiction, so it's essential to consider the legal implications of your actions in your specific location.
Thank you.
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A.Dear Client,
6 month notice period is too long and the normal practice is to restrict the notice period to a maximum of 3 months only. The employment contract or corporate policy determines how long the notice period will last. The Indian Contract Act, however, stipulates that the notice period must be at least 30 days long. Depending on the employee's level, position, and seniority within the organization, this time frame may range from 30 to 90 days. It is totally unethical and unfair business practice to ask an employee for a six-month notice period for quitting a job. If you quit your job with written notice and serving less the required notice period, then the Company cannot take any adverse action against you for quitting the job without serving the notice period and cannot withhold your relieving letter outrightly because your resignation incurs no damage or loss to the Company. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement/contract will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time. However, for any adverse reaction from the Company, reach out to an advocate for serving a legal notice to the Company and visit the office of the concerned Labour Commissioner for filing a complaint against the employer for unfair labour practice as defined u/s.2(r) of the I D Act for redressal of your grievance against the Company
6 month notice period is too long and the normal practice is to restrict the notice period to a maximum of 3 months only. The employment contract or corporate policy determines how long the notice period will last. The Indian Contract Act, however, stipulates that the notice period must be at least 30 days long. Depending on the employee's level, position, and seniority within the organization, this time frame may range from 30 to 90 days. It is totally unethical and unfair business practice to ask an employee for a six-month notice period for quitting a job. If you quit your job with written notice and serving less the required notice period, then the Company cannot take any adverse action against you for quitting the job without serving the notice period and cannot withhold your relieving letter outrightly because your resignation incurs no damage or loss to the Company. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement/contract will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time. However, for any adverse reaction from the Company, reach out to an advocate for serving a legal notice to the Company and visit the office of the concerned Labour Commissioner for filing a complaint against the employer for unfair labour practice as defined u/s.2(r) of the I D Act for redressal of your grievance against the Company
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