No Experience Letter / Abscond

[Kalle]

Dear Sir,

I am a Software Consultant. Mu question is regarding my previous organization - Polaris Software Lab Ltd. I had worked for Polaris for 2 years. I joined it on 20 Feb 2008 under contract / bond for 2 years as a fresher. After completing 2 years i.e. on 19 Feb 2010, I sent resignation to my project manager. In Polaris, there is a notice period of three months. But when i tendered my resignation, i asked for one month notice period that i wanted to serve.

They did not agree for one month notice and asked me to serve all three month notice period. On which I asked them to pay two months salary, for which they did not agree. I had to leave / abscond the company after one month without being accepted my resignation. There is condition in Appointment letter that if company does not accept money or salary equivalent compensation for remaining notice period you are forced to serve the full notice period.

But as I said I did not serve the notice period, after a month or so I got a letter from Polaris on my permanent address saying that you are terminated from the services of company. Since you did not serve the three month notice period which is a breach of code of conduct, you are exempted. I did not get any F&F also and company had not paid any salary for 49 days that I worked. Also I did not get PF.

Now the problem is, when i am seeking career opportunities in any other bigger organization, they are asking for experience certificates/ relieving letters from all the companies you have worked for. My current company knows about it and my resignation process will be smooth here with all leaving formalities.

Please suggest if there is any way to get experience certificate from Polaris, Mumbai or if any legal action can be taken against them for not giving relieving letter and also not accepting payout for notice period.

I tried contacting Polaris HR heads also, but they said that they cannot help.

Please help.

Regards,

Mohit

[Matteo]

Dear Sir,

I am a Software Consultant. Mu question is regarding my previous organization - Polaris Software Lab Ltd. I had worked for Polaris for 2 years. I joined it on 20 Feb 2008 under contract / bond for 2 years as a fresher. After completing 2 years i.e. on 19 Feb 2010, I sent resignation to my project manager. In Polaris, there is a notice period of three months. But when i tendered my resignation, i asked for one month notice period that i wanted to serve.

They did not agree for one month notice and asked me to serve all three month notice period. On which I asked them to pay two months salary, for which they did not agree. I had to leave / abscond the company after one month without being accepted my resignation. There is condition in Appointment letter that if company does not accept money or salary equivalent compensation for remaining notice period you are forced to serve the full notice period.

But as I said I did not serve the notice period, after a month or so I got a letter from Polaris on my permanent address saying that you are terminated from the services of company. Since you did not serve the three month notice period which is a breach of code of conduct, you are exempted. I did not get any F&F also and company had not paid any salary for 49 days that I worked. Also I did not get PF.

Now the problem is, when i am seeking career opportunities in any other bigger organization, they are asking for experience certificates/ relieving letters from all the companies you have worked for. My current company knows about it and my resignation process will be smooth here with all leaving formalities.

Please suggest if there is any way to get experience certificate from Polaris, Mumbai or if any legal action can be taken against them for not giving relieving letter and also not accepting payout for notice period.

I tried contacting Polaris HR heads also, but they said that they cannot help.

Please help.

Regards,

Mohit

[Beretun]

Dear Mohit,

Hope you're doing fine.

It looks like you have made two mistakes together first resigning without thinking of your future and second for being absconded on the job.

You should rather speak to your reporting manager to help you in getting relieved. The company cannot do anything expect for holding your F n F and PF. For PF if it's not a company's trust you can withdraw yourself.

You should visit your previous employer for relieving and any legal help will worsen the case. Please visit them at first. Take a day or two off and meet them. In case this doesn't work than you can for legal help. But I believe no matter how  old your employment is but your relations must always be good as Organisation always do reference check from previous employer. Any wrong feedback may pull you back on your career ladder. As it's been sometime now they will relieve you.

Warm regards,

Umesh Chaudhary

New Delhi, India

([email protected] )