hi dev
ur company company has no say when u are ready to pay one month salary in lie of the notice if ur written contract or agreement says clearly that the either of the parties can terminate with appointment with one month notice, there has been enough cases form high court of different states. if it is not the case, u hav to see the company u are working and its back ground, has it taken any body to the courts etc,. and the present company u are going, r they ready to take u without relieving and r u open to the company u got offer. basing on these details u can take a decession, as i said it depends on the clause of ur appointment contract.
good luck :)
bye
veer
ur company company has no say when u are ready to pay one month salary in lie of the notice if ur written contract or agreement says clearly that the either of the parties can terminate with appointment with one month notice, there has been enough cases form high court of different states. if it is not the case, u hav to see the company u are working and its back ground, has it taken any body to the courts etc,. and the present company u are going, r they ready to take u without relieving and r u open to the company u got offer. basing on these details u can take a decession, as i said it depends on the clause of ur appointment contract.
good luck :)
bye
veer
Hie.
I don't know your situation specifically but let me comment in general.
A contract is binding to both the employer and the employee and hence any action outside the confines of this contract ...constitute a breach. The company can sue you for that breach, in as much as you could have sued them if they had breached. Live by the confines...you signed the contract signifying agreement to the conditions.
Your new employer should be prepared to buy you out of the current contract. If they can't...then you should buy yourself out. Also i think its a litmus test for your intergrity...if you can aford to breach this contract..your new employer should expect you to do the same ....on your next move.
I do not agree with the advice to apply for sick leave. Its unethical. We as HR Practitioner are the custodians of the Labour laws, Policies and procedure..lets lead by example.
It's up to you...but your intergrity is on the spot light.
The other option(if its applicable in your country) is to commute your leave days.
Later HR
From South Africa, Stellenbosch
I don't know your situation specifically but let me comment in general.
A contract is binding to both the employer and the employee and hence any action outside the confines of this contract ...constitute a breach. The company can sue you for that breach, in as much as you could have sued them if they had breached. Live by the confines...you signed the contract signifying agreement to the conditions.
Your new employer should be prepared to buy you out of the current contract. If they can't...then you should buy yourself out. Also i think its a litmus test for your intergrity...if you can aford to breach this contract..your new employer should expect you to do the same ....on your next move.
I do not agree with the advice to apply for sick leave. Its unethical. We as HR Practitioner are the custodians of the Labour laws, Policies and procedure..lets lead by example.
It's up to you...but your intergrity is on the spot light.
The other option(if its applicable in your country) is to commute your leave days.
Later HR
From South Africa, Stellenbosch
Hi Dev,
I think that no employer would love to approach the courts for a matter concerning a person who is new to the company (2months old) since the bond (in which anyone works) is not established yet. The issue here is of trust which they have broken first by not giving the promised work.
Keep cool and go ahead in joining the new organisation. Wish you a happy and great future.
Regards,
A Radhakrishna Sai
Manager - HR,
Linkwell Telesystems (p) Ltd.
1I think that no employer would love to approach the courts for a matter concerning a person who is new to the company (2months old) since the bond (in which anyone works) is not established yet. The issue here is of trust which they have broken first by not giving the promised work.
Keep cool and go ahead in joining the new organisation. Wish you a happy and great future.
Regards,
A Radhakrishna Sai
Manager - HR,
Linkwell Telesystems (p) Ltd.
Dear Colleagues,
Let me lend my voice to the on-going discussion on departure procedure at the workplace.
Basically, the Initiating Document of Employment most times dictates the limits of both parties, lenght of notice required on both sides and the likes.
However nonetheless the most important thing on the part of the departing employee is to GIVE THE APPROPRIATE NOTICE.
Ironically and no matter how radical it may sound, on the expiration of such notice given the Employee has all the right to move.
The issue of Acceptance Letter of Resignation is only to prove that the erstwhile employee left without any indebtedness, or that on the next job he can be trusted to give such notice as well.
But on the whole the most important thing is the NOTICE OF RESIGNATION.
Thanks.
From Nigeria, Lagos
Let me lend my voice to the on-going discussion on departure procedure at the workplace.
Basically, the Initiating Document of Employment most times dictates the limits of both parties, lenght of notice required on both sides and the likes.
However nonetheless the most important thing on the part of the departing employee is to GIVE THE APPROPRIATE NOTICE.
Ironically and no matter how radical it may sound, on the expiration of such notice given the Employee has all the right to move.
The issue of Acceptance Letter of Resignation is only to prove that the erstwhile employee left without any indebtedness, or that on the next job he can be trusted to give such notice as well.
But on the whole the most important thing is the NOTICE OF RESIGNATION.
Thanks.
From Nigeria, Lagos
Ha,
Relieving Order is essential for an employee .
Reason : 1. It states that you worked for a certain period in a company.
2. The company you plan to join may not ask for it. But how long are you going to be in the same company? Hence for future use it is essential .
3. You may send your resignation letter via registered post with A.D. so that you are sure that the company has your resignation letter.
4. In your case , if you have worked for a company only for 2 to 3 months, then you need not worry about the same . Just post your resignation letter via registered post with A.D . You need not highlight the company name in your resume too for in two months nothing could have been gained.
Wishes
N.Neelam
From India, Madras
Relieving Order is essential for an employee .
Reason : 1. It states that you worked for a certain period in a company.
2. The company you plan to join may not ask for it. But how long are you going to be in the same company? Hence for future use it is essential .
3. You may send your resignation letter via registered post with A.D. so that you are sure that the company has your resignation letter.
4. In your case , if you have worked for a company only for 2 to 3 months, then you need not worry about the same . Just post your resignation letter via registered post with A.D . You need not highlight the company name in your resume too for in two months nothing could have been gained.
Wishes
N.Neelam
From India, Madras
Let me add my pearls of wisdom (?) here too.
A lot of the discussion so far centres on whether you would be breaching your contract by starting with a new employer, without getting your letter.
What about your present company breaching their agreement to provide you with suitable work? Even if it was a verbal agreeement, it gives you something to defend your decision if you do leave.
Frankly, I can't understand compnaies being so determined to stand in the way of an employee's departure. What can they hope to gain from this?
PS I'm NOT a lawyer, or industrial expert - so don't rely on my advice!!! :)
Progress Enterprise
From Australia, Ballarat
A lot of the discussion so far centres on whether you would be breaching your contract by starting with a new employer, without getting your letter.
What about your present company breaching their agreement to provide you with suitable work? Even if it was a verbal agreeement, it gives you something to defend your decision if you do leave.
Frankly, I can't understand compnaies being so determined to stand in the way of an employee's departure. What can they hope to gain from this?
PS I'm NOT a lawyer, or industrial expert - so don't rely on my advice!!! :)
Progress Enterprise
From Australia, Ballarat
Dear Devendra,
While not getting a relieving order, you have to see the following things:
1. Ensure that you are not falling into dual employment. i.e. while being on leave in Company A , assuming new responsibilities at Company B.
2. Ensure you are not breaching cany clause of employment contract with the existing company.
3. Have enough evidence that you had the intention of getting relieved smoothly without any problem for the present company.
Though the present company may accept you without release letter. if you are joining next company, they may like to know the reason.
Regards
Sathya
From India, Madras
While not getting a relieving order, you have to see the following things:
1. Ensure that you are not falling into dual employment. i.e. while being on leave in Company A , assuming new responsibilities at Company B.
2. Ensure you are not breaching cany clause of employment contract with the existing company.
3. Have enough evidence that you had the intention of getting relieved smoothly without any problem for the present company.
Though the present company may accept you without release letter. if you are joining next company, they may like to know the reason.
Regards
Sathya
From India, Madras
Hi Every body,
In my opinion relieving letter is essential. Its fine that your new employer is accepting you w/o relieving letter but what if your past organization blames you that you have not done handover of your responsibilities/tasks in a proper way, you have done some blunders while working in that company due to which Company got losses, etccccccccc.
Therefore, its always better to leave a Company in very amicable way with proper relieving letter.
Regards
Subhash Chandra
From India, New Delhi
In my opinion relieving letter is essential. Its fine that your new employer is accepting you w/o relieving letter but what if your past organization blames you that you have not done handover of your responsibilities/tasks in a proper way, you have done some blunders while working in that company due to which Company got losses, etccccccccc.
Therefore, its always better to leave a Company in very amicable way with proper relieving letter.
Regards
Subhash Chandra
From India, New Delhi
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IMPORTANCE OF INDUCTION.pdf
Relieving Clearance form.doc