One of my friends has left his organization by submitting his resignation. The employer did not accept the resignation but my friend joined a new company.
The HR is hellbent on troubling him and he is finding out all the possible measures to trouble him. He has already written a letter to the new employer. What other actions can he take? Could there be any legal problems since my friend hasn\'t taken the clearance? P. S: No bond was signed during the service.
From India, Mysore
The HR is hellbent on troubling him and he is finding out all the possible measures to trouble him. He has already written a letter to the new employer. What other actions can he take? Could there be any legal problems since my friend hasn\'t taken the clearance? P. S: No bond was signed during the service.
From India, Mysore
What was the level of your friend in the company hierarchy — junior/middle/senior management or something else? Rgds, TS
From India, Hyderabad
1641From India, Hyderabad
Dear Mr. Hvarao,
Leaving the company wothout giving the appropriate notice to the employer may anywhich way come back to haunt your friend. Even if your peer already have another job, future employers may still discover that you left without giving notice. Employers may think something happened to hasten your departure or that you may choose to leave them in the lurch as well.
Depending on the laws and the state of agreement with the employer, they may have the right to withhold any sort of legal action. Therefore, in your friend's case there is NO SERVICE BOND signed; so he is safe upto a limit.
In certain cases, if the employer has provided any training to employees then they will enable themselves to proceed by legality against those employees.
Quitting a job suddendly jeopardizes the situation and makes the boss, co-werkers and the company's process effect appallingly. Therefore, your friend can actually talk to that employer and pay the notice to unwaver any futher predicament; so the employer can stop troubling him. Good Luck to your pal...!!
From India, Visakhapatnam
Leaving the company wothout giving the appropriate notice to the employer may anywhich way come back to haunt your friend. Even if your peer already have another job, future employers may still discover that you left without giving notice. Employers may think something happened to hasten your departure or that you may choose to leave them in the lurch as well.
Depending on the laws and the state of agreement with the employer, they may have the right to withhold any sort of legal action. Therefore, in your friend's case there is NO SERVICE BOND signed; so he is safe upto a limit.
In certain cases, if the employer has provided any training to employees then they will enable themselves to proceed by legality against those employees.
Quitting a job suddendly jeopardizes the situation and makes the boss, co-werkers and the company's process effect appallingly. Therefore, your friend can actually talk to that employer and pay the notice to unwaver any futher predicament; so the employer can stop troubling him. Good Luck to your pal...!!
From India, Visakhapatnam
Has he served the notice period and check if there is any clause in the appointment letter about the notice. If the employee is still in serving the probation period then there is nothing to worry about.
Dear KVA Rao,
You or your friend having left the service just by submitting the resignation letter, without waiting for formal relieving order it is amount to not adhering to the service conditions and above all presumably a Breach of Contract under Law of Contract. And he didn't serve the notice period istn't? So, the erstwhile co. will have legal remedy to sue him in the court. Secondly did that co. mention any reason as to "why they rejected his resignation ?" Nevertheless it would be very difficult for that co. to retrieve him back into their fold, the legal battle will go on and on. Meanwhile how the new co. viewing this matter, they didn't ask for his relieving letter when he reported for joining ?
kumar.s.
From India, Bangalore
You or your friend having left the service just by submitting the resignation letter, without waiting for formal relieving order it is amount to not adhering to the service conditions and above all presumably a Breach of Contract under Law of Contract. And he didn't serve the notice period istn't? So, the erstwhile co. will have legal remedy to sue him in the court. Secondly did that co. mention any reason as to "why they rejected his resignation ?" Nevertheless it would be very difficult for that co. to retrieve him back into their fold, the legal battle will go on and on. Meanwhile how the new co. viewing this matter, they didn't ask for his relieving letter when he reported for joining ?
kumar.s.
From India, Bangalore
HI...
It is always better to take clearance form the organizations, instruct your friend insuch a way to convince the HOD and HR and explain the situation/need to leave.
No company wants to suffer any one... it depends on the individual attitude.
So try to get relieve...
From India, New Delhi
It is always better to take clearance form the organizations, instruct your friend insuch a way to convince the HOD and HR and explain the situation/need to leave.
No company wants to suffer any one... it depends on the individual attitude.
So try to get relieve...
From India, New Delhi
Dear Mr Hvarao,
In case of any employment, the Appointment Letter is the operative document. The terms and conditions mentioned in the appointment letter, which a candidate has to accept to be appointed in an organization, will be applicable. Therefore, first of all, the terms and conditions related to separation from the Company, as mentioned in the appointment letter, will be applicable in your friend's case also. If your friend left the organization without complying with the separation terms, the company has all the right to take legal steps against the concerned person for violating the terms of the appointment letter, which, basically is a Contract.
- Swarup K Halder.
From India, Calcutta
In case of any employment, the Appointment Letter is the operative document. The terms and conditions mentioned in the appointment letter, which a candidate has to accept to be appointed in an organization, will be applicable. Therefore, first of all, the terms and conditions related to separation from the Company, as mentioned in the appointment letter, will be applicable in your friend's case also. If your friend left the organization without complying with the separation terms, the company has all the right to take legal steps against the concerned person for violating the terms of the appointment letter, which, basically is a Contract.
- Swarup K Halder.
From India, Calcutta
Employment is a contract between the employer & employee. Each contract is governed by some terms & conditions. Either party which breaks the contract can be challenged in a court of law.
In your friend's case, the terms & conditions of employment need to be studied before making any comments.
From India, Delhi
In your friend's case, the terms & conditions of employment need to be studied before making any comments.
From India, Delhi
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.