1. #1
    Unregistered

    What to do if employer is not allowing to leave the present job?

    I wanted to switch to another job where I got a good hike in my salary and position too with various benefits have given a month notice to my employer with a promise of training the new person too. But my employer is not allowing me to leave the present job and if done he is denying to give me my experience certificate and other documents. What I shall do now?

  2. #2
    prabhu Array
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    Re: What to do if employer is not allowing to leave the present job?

    Hi,


    Notice period is necessary to be issued before leaving the job and you have done that . If you have not signed any bond agreement then there is nothing to worry if the bond period is over .. If the bond period is not over its of complete risk to leave the company . Only way is to pay fine for breaking the bond .

    If your free from everything then ask for the company to issue the experience certi and pending arrear amount to be settled . If company is not doing that .. then file a case in consumer court and notice will be issue to the company . In this case , the compan yhas to respond and submit your formalities ..

    Submit all your proofs to them properly for verification


    Thanks !!!!

  3. #3
    aman Array
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    Re: What to do if employer is not allowing to leave the present job?

    If you have completed your notice period and have completed all the formalities to resign from the job than you have right to claim

    for the experience certificate.You should talk to the management about it and can also tell them that you will have to take legal action

    against them if they don't provide you the experience letter.

    Meanwhile you can contact with the new employer and can discuss the problem with him,he can also help you to resolve the issue.

  4. #4
    daffodil Array
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    Re: What to do if employer is not allowing to leave the present job?

    Hi friend

    Your employer is certainly at fault here. He has no right to blackmail you like that. Its your choice where you want to work and which job you prefer. Your employer has no right to dictate you his terms. And on top of that when you are carrying out all the possible formalities before leaving your job, then your employer must certainly accept your resignation and relieve you from this job. Any person would of course like to have a job where he has better opportunities and benefits and this stands true for all.

    So go straight to your employers office and tell him he has no right to withheld your documents as you are leaving the job legally and by completing all the formalities. So in turn he should provide you your experience letter and other documents . Warn him that if he does not you are going to file a complaint against the company and then they would be in trouble.I am sure he will listen to you. Say forcefully and dont be afraid. Good luck

  5. #5
    bsr Array
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    Re: What to do if employer is not allowing to leave the present job?

    Hi friend,
    if you served bond or agreement period then no need to worry. File a complaint in consumer court they will handle this case.
    If you have not fulfilled all the terms set by company then we unable to do anything.

    Regards,
    BSR.

  6. #6
    shivam Array
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    Re: What to do if employer is not allowing to leave the present job?

    As you have given the prior notice and have completed all the formalities required as per company norms then there is no need to worry at all. You can ask the HR manager to provide you with your experience letter and your complete salary as soon as possible after completion of yr query.our notice period. But if your HR manager is denying to do so, then I recommend you to please file a case against the company provided with complete documents and details. In this case a legal notice will be send to company for time interval, in which the company have to respond to you

  7. #7
    Ashok Array
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    Re: What to do if employer is not allowing to leave the present job?

    Quote Originally Posted by Unregistered View Post
    I wanted to switch to another job where I got a good hike in my salary and position too with various benefits have given a month notice to my employer with a promise of training the new person too. But my employer is not allowing me to leave the present job and if done he is denying to give me my experience certificate and other documents. What I shall do now?
    Dear Aspirant,

    Congratulations for getting good job.

    Go through the terms & conditions of your present job appontment letter & serve the notice period as per it.The notice period varies from one to three months.

    Even if your are not relieved off the present job,you should meet the head of the organisation & explain him the situation & request to arrange to relieve you as early as possible.

    Even if you don't get relieved off from your duty,send a pleader notice to the head & HR of the company.

    Meanwhile send a mail or registered post to the new employer with a request to give you some more time,say one or two months to join the new job.

    Hope you will join new job & get the experience certificate & all benifits from the previous employer.

    Thanks & good luck.

    Ashok

  8. #8
    ealp Array
    Join Date
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    250

    Re: What to do if employer is not allowing to leave the present job?

    As per your statement your condition is not normal.There is no rules can prevent an employee to opt the better position.Legally you can leave and enjoy to your new company giving 3 months notice or paying 3 months' salary to the existing company.Only the existing company can prevent you to join new company if there is a bond/contract with you.Then company you are to abide by the rules either you are to complete bond agreement or to compensate accordingly.

    If there is no such bond/agreement and company is denying to release you normally then you can pursue the legal formalities.And ultimately company is bound to release you or to compensate you accordingly through which you will change your opinion and you will do packages newly with the existing company.

    Thank you,

  9. #9
    Boss Array
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    Re: What to do if employer is not allowing to leave the present job?

    What to do if employer is not allowing to leave the present job?

    Your leader is definitely guilty here. He has no right to blackmail you prefer that. Its your alternative wherever you would like to figure and that job you like. Your leader has no right to dictate you his terms. And on high of that after you area unit completing all the potential formalities before going away your job, then your leader should definitely settle for your resignation and relieve you from this job. somebody would in fact wish to have employment wherever he has higher opportunities and edges and this stands true for all.

    thus go straight to your employers workplace and tell him he has no right to withheld your documents as you're going away the task de jure and by finishing all the formalities. thus successively he ought to give you your expertise letter and alternative documents . Warn him that if he doesn't you're progressing to file a criticism against the corporate then they might be in hassle.I am certain he can hear you. Say forcefully and do not be afraid.

    Notice amount is critical to be issued before going away the task and you've got done that . If you've got not signed any bond agreement then there's nothing to fret if the bond amount is over .. If the bond amount isn't over its of complete risk to go away the corporate . solely approach is to pay fine for breaking the bond .

    If your free from everything then enkindle the corporate to issue the expertise certificate and unfinished arrear quantity to be settled . If company isn't doing that .. then file a case in client court and spot are issue to the corporate . during this case , the corporate has got to respond and submit your formalities ..

    Submit all of your proofs to them properly for verification.

    As per your statement your condition isn't traditional.There is no rules will forestall associate worker to choose the higher position.Legally you'll leave and luxuriate in to your new company giving three months notice or paying three months' remuneration to the present company.Only the present company will forestall you to hitch new company if there's a bond/contract with you.Then company you're to abide by the foundations either you're to complete bond agreement or to compensate consequently.

    If there's no such bond/agreement and company is denying to unleash you unremarkable then you'll pursue the legal formalities.And ultimately company is guaranteed to unleash you or to compensate you consequently through that you'll amendment your opinion and you'll do packages recently with the present company.

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