Legal Question in Employment Law in India

Hi, I joined in my current company in Dec 1 2014. I am not happy with my work, so I looked for an another job. I got a new job, but now my current employer is not ready to give the proper relieving documents. I have shown this experience in the application, so the new employer asking me to get the relieving documents. Here, the notice period is 3 months. I am ready to serve the notice period but they are not accepting it. They are saying that we will relieve you within this month without giving any relieving documents. I am in a very critical situation. I sent my resignation mail 10 days back, but they have not accepted yet. I am really depressed with my hr and manager activities and they are also saying that they will give negative feedback during background verification. Can anyone please give me valuable suggestion to get me out of this problem.


Asked on 1/20/15, 12:18 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.01.2015

Dear Sir / Madam,

You are in a Catch-22 situation seemingly neither here nor there. You should tell your new employer very clearly that you are unable to get any relieving documents from your current employer since you have hardly served them for 45 days only. Tell your prospective employer that the proof of your salary for the 45 days you worked can only be submitted to the new Company. If the new employer disagrees to your request, straightaway tell him that you can join only after one month. As regards the current Company, since they are relieving you within this month, you should tell them that they are liable to pay you salary for two months. Your reporting Manager and the HR are merely trying to bring down your confidence and morale so do not be bothered by what they say. All the best.

Regards,

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Answered on 1/20/15, 4:16 am


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