Human Resources/Relieving letter

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Question
QUESTION: My previous company is not providing me relieving letter as I haven't served the notice period. I have been selected in IBM GTS and they asking for my relieving letter then only they can process my offer letter. I left that company in April'2015. What are the options do I have so that I don't loose my job in IBM. Please help me out.

ANSWER: Dear Abhijeet
It is indeed unfortunate that you chose to leave without serving your notice period. Most organizations do not see this behavior favorably and the consequences are that they hold back settlement or the relieving letter.

The best bet, to my mind, is to go back & apologize and request for the issue of the relieving letter by payment of any dues in lieu of un-served notice period. Hopefully if they are good human beings they will consent.

Hope this helps. Do revert with the outcome and if you want me to clarify any aspect. All the best.

Regards

Pankaj

---------- FOLLOW-UP ----------

QUESTION: I tried talking to them but they are not entertaining my request. I also asked them that I am will pay 1 month salary but still they are not agreeing. They are saying that they will not give relieving letter no matter what I do.

ANSWER: Oh boy! That is a tough spot to be in.

Please share with me in detail the following & I may then be able to guide better:
a. What are the exact terms of your employment letter in terms of resignation and notice period and notice pay?
b. Has your full & final settlement been done?
c. What is the full story of how you moved out - please share the entire flow and the details.

Look forward to your response.

Regards

Pankaj

---------- FOLLOW-UP ----------

QUESTION: In my offer letter there is no clause of notice period and i was never told that i have to serve any notice period also. In February month also i had mailed them my resignation telling them that i cant work in this much salary but they told me they will look into this matter. So after waiting for 2 months i decided to resign because they were not doing anything.

My 10 days salary and few incentives are with them which equals to around 60% of my months salary.

I resigned on 13th april.

Answer
Dear Abhijeet
Thanks. This info helps. If what you are saying is correct, I am hoping you have the documents to prove it (including a communication saying that they will look into it). In that case there are a couple of possibilities:

a. Share the same with your current organization and tell them about the circumstances in which you left that led to you not getting your relieving letter. Hopefully they will understand. Else you could opt for the second option.

b. Write to the MD/ Owner/ CEO and HR of the earlier company sharing the same documents with them and sharing that you feel wrongly treated and that since there was no communication about the notice period, and that the incidents happened the way they happened, it is unfair that they hold back the relieving letter even though you are willing to pay for the 1 month notice period. Decide the next course of action based on their response.

If there is no response or not a favorable response, share with them that you will have no choice but to share all this on the social media. This can be damaging for the organization unless they are so small and insignificant in the world of business that they are not impacted by bad word of mouth.

In case all your discussion has been verbal only, then you will need to pursue option a only.

Hope this helps. Do revert with your thoughts. All the best.

Regards

Pankaj

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Pankaj Bhargava

Expertise

Questions related to choice of career, inter-personal issues at the workplace, performance management issues, structure issues, compensation structuring issues, culture building issues, linking HR with org. strategy

Experience

22 years in HR and Org. Development, designing & facilitating interventions, leading an HR team of an Indian multinational & facilitating multiple organizations across industries to build the desired culture to serve business need

Publications
HR magazine of TISS (an HR institute of repute - Tata Institute of Social Sciences)

Education/Credentials
B. Tech (Chemical Engineering) from IIT Mumbai (one of the most reputed engineering school in India) and PGDM (MBA) from IIM Kolkata (one of the most reputed management institutes in India).

Awards and Honors
Was awarded the Gold Medal for excellence in HR by the Bengal Chamber of Commerce at IIM

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