I am having 8+ years of experience in JAVA/J2EE. I have worked with 4 companies .Recently I have been offered by one of the reputed finance software company. At the time of selection procedure I had told to the HR person that I won’t be able to give the relieving letter from my 2nd company where I had worked for 3 three years stating that I had not completed notice period at the time of separation from that company so that they had not issued me relieving letter. After my 2nd company I had worked 3rd and 4th companies and clearly told them that I don’t have relieving letter from 2nd company. They had considered it and there was no any issue. At the time of background verification they did not find any issue.
Now, my 5th company is insisting me to get the relieving letter from 2nd company even though I have told everything to them. All though they have given me joining in the company but still insisting me to get the relieving letter which cannot be possible(I had already tried to get the relieving letter from 2nd company). Now my doubts are below:
1. Can my 5th company terminates me on the basis of not having relieving letter from 2nd company?
2. In the process of project allocation ,at the time of client’s back ground verification, will the bigger clients of Financial worlds e.g.barclays, bank of America etc. can rejects me based on the absence of relieving letter of 2nd company?
3. If they terminate me then what step i should take? (as i had already left my previous organization and denied other offers too)
I think they are acting rather extremely, and I don’t know the difference between British customs and laws and Indian, but I suspect they are within their rights to withhold a job offer until you get the relieving letter.
Joined: Nov 07, 2012
Can anyone from India clarify my doubts on the same?
I would say it depends on the company policy. Usually such things are clearly mentioned in the offer letter. Have you received one? Does it say anything about required documents? If not, I would try and get their side in writing (via email exchange with HR?) just in case. Also, if they are quite insistent, it might also be a good idea to consider other options.
I'd suggest you contact your second employer and see what can be done to get the relieving letter. Probably they might ask you pay for the skipped notice period (if your notice period is X days, the amount will typically be basic pay component of your salary for X days). While you might have genuine reasons for not serving the notice period, IMHO its better to pay for the notice period and get the relieving document. If the amount of time spent at that second organisation were insignificant (< 1 year), most employers probably would have chosen to ignore the absence of a relieving letter but since you have spent quite a significant time there, I believe employers might be sceptical about absence of a relieving letter. They might tend to think : What prevented the candidate from serving notice period (typically 30 days) considering that he has already spent three long years there and in the absence of an answer might assume not-so-nice things. So, I'd say its worth investing effort (and probably money) in getting the relieving letter cause this is something that might keep on haunting you later as well.
Certifications: SCJP (2005), SCWCD (2006), OCA (2006), WAS Admin (2007), SCBCD (2008), SCJD (2009), SCDJWS(2009)