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Employer Refusing To Provide Relieving And Experience Certificate On Non Completion Of Notice Period - CiteHR

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syno
1

Need Help

Iam currently employed in a private firm, situated in a rural area in kerala as HR Manager. I have been in this firm for the past 11 months.I have also signed a bond of Rs.50,000 against the training expense which I have to give the company if I leave before 2 years. I was forced to accept this offer due to some unavoidable family commitments. Initially I have been treated very well by the top management, while I have also noted a lack in the employee’s commitment part.

Soon after my confirmation, when my notice period increased to two months, I saw a big change in the attitude of the company owner. He started mental harassments which sometimes I really felt humiliating esp. when it is before a third party. Unfortunately as the notice period is two months, I cannot apply in any other firm for Job. If I leave the company and search a job, it is also tough to get a job in HR. Recently one employee of our company had to move out of job soon after completing the bond due to his personal reasons and hence he didn’t served the notice period. The employee was not given relieving as well as the experience letter even after his repeated requests and was told that paying compensation for the balance notice period is not as per the rules of the firm.

Can anybody provide me a solution to this. Now Iam confused, should I leave the job and search for another? I don’t think that I will have the patience to wait till the completion of bond as Iam totally disappointed with the job.

From India, Chennai
couvery
183

Well, there are some companies they have notice periods from one month to three months or more depending on job profiles, company policies etc. so that should not be the issue for getting or looking for a new job in some good companies as they understand it well.
Also, before complaining to the employer please check for your performance first and it you are well performer then please consult with your HR first and try to know the reasons on your end.
Moreover, I would advice to serve the notice period even if you decided to leave the job to make your point valid and then still if they do not provide exp or relieving letter then you can show the proof of the same by showing appointment letter, resignation letter with date and final date to leaving the company and can explain the situation to your new employer.
I would say that escaping is not the solution always but initially you should try to fix the issues on your end.

From India, Lucknow
syno
1

Sir,
Thanks for your feedback. I also agree that there might be companies with more than one notice period, But generally the trend i have seen in companies is that they prefer candidates who can join immediately, In that case a candidate with 2-3 months notice is likely to get rejected. while looking for a job after resignation is also a tough decision as there is no surety in that. While coming to the performance part, I have always completed my work in time and ensured the quality in the same.I don't have another HR person to ask about this issue, as Iam the only person handling the HR department here.

From India, Chennai
kannanmv
256

Dear Syno,
As you have mentioned that you are the only person in HR, the probability of your getting relieved without serving the 2 months notice period is bleak. For the same reason I am sure your prospective employer will see a reasoning in your seeking to serve the full notice period of 2 months. As you have signed a bond for 50K I would recommend that you fulfill the bond period as getting relieved without a hassle is quite important. As yet another member has suggested, do a little introspection as to what went wrong suddenly after your confirmation. In some owner managed companies employees are pushed and nudged to deliver the best. I am sure if you are able to identify the root cause for the attitudinal change of your CEO you will be able to deliver your best.
My suggestion is, never quit and then start looking out for a job, as you may not find one to your liking and you will end up in a disaster.
Regards
M.V.Kannan

From India, Madras
syno
1

Sir,

I appreciate your suggestion. Iam also with the same view point that looking for a job after resignation is quite tough. But waiting for a job with two months notice period is also very tough. Iam confused with my career now. Regarding your question on introspection of what went wrong, iam sure that nothing had been went wrong after my confirmation. But when my confirmation was due I had reminded my employer about my appraisal, That day I noticed that he was unnecessarily trying to find out my faults.But the next day he was ok. so i didn't thought of it again. later he told me that he will first confirm me and then later on discuss about the increment. When I had a word on this with the previous HR person, he told me that he hasn't got any increment by saying poor performance as reason and his probation period was increased(which was a new information for me). As a result he was not confirmed and had only one month notice period. Learnt from his experience, i haven't shown much initiativeness in my confirmation. As a result my increment and confirmation went together

From India, Chennai
uk2v
1

Syno,
understood your current situation as a support function it is been neglected, it is common in HR, suggestions is get along with your boss try to impress him in your work, in the mean while try for another job.
2 months notice period is common, and the likely of getting rejected due to the notice period is also there vice versa, but keep trying never stop who knows where your bait gets a big catch.

From India, Bangalore
syno
1

Sir,
Waiting for a good opportunity with two months notice period is also tough. it is really painful to see an offer slipping from your hand just because of the notice period. I had an experience recently. Iam ready to wait for a good opportunity and to jump on. But the vacancies generally don't wait for us to complete the notice period.

From India, Chennai
kannanmv
256

Dear Syno,

I appreciate the fact that you have done introspection and it appears that the management attitude changes after confirmation. Probably it is an owner managed company.

I do agree that some companies insist on joining immediately. In my opinion, if you you explicitly state that you have to serve 2 months notice period at the time of preliminary interview itself the matter may be a little easier. Many employees do not state this in the preliminary interview and just state that notice period is 2 months. When the prospective employer gives and offer and states that you have to join immediately, they merely accept the offer and go through lot of mental agony on both sides. On the one hand the current employer is unwilling to relieve him without serving the notice period on the other hand the prospective employer is unwilling to wait until he serves the notice period.

Moreover, every employer will want the employee to join immediately, this is because many a times the employer is unable to find a replacement during the notice period of the existing employee. Hence, they tend to put pressure on the new candidate. However, if you are able to explain your view point, there is a possibility that your prospective employer will see logic in your statement.

This trend amongst employers have arisen because of several reasons. To list a few

a) Employees tend to have more than one offer and keep negotiating with their prospective employers until they get the best. Hence, even after selecting and accepting an offer, the candidate tends to migrate towards a prospective employment with a lucrative salary. The employer who shortlisted him first and gave him an offer is kept in the dark and finally he realises that the candidate is unlikely to join and he starts his recruitment process all over again.

b) Employees tend to negotiate with their current employer even after accepting the offer and stay back and do not care to inform the prospective employer who gave him a job offer.

Hence, it is imperative that you need to impress upon your prospective employer on the importance of your current assignment and your position, and I am sure any sensible employer will be willing to wait if they find that you are the candidate you are looking for.

Keep us updated

M.V.Kannan

From India, Madras
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