Hi Friends,
I worked at a company as a contractual employee where we did not enter into any legal employment agreement, and even terms of employment like notice and other perquisites were not verbally discussed. After 4 months, I got a good opportunity at another company and left the job without serving notice, under the impression that I was not bound to do so. However, when I later applied for a new job, the company checked and asked for a reference from my previous employer. They provided a negative feedback, which resulted in me losing the job.
Please suggest a suitable course of action to avoid such obstacles in my career.
Thank you.
From India, Mumbai
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I worked at a company as a contractual employee where we did not enter into any legal employment agreement, and even terms of employment like notice and other perquisites were not verbally discussed. After 4 months, I got a good opportunity at another company and left the job without serving notice, under the impression that I was not bound to do so. However, when I later applied for a new job, the company checked and asked for a reference from my previous employer. They provided a negative feedback, which resulted in me losing the job.
Please suggest a suitable course of action to avoid such obstacles in my career.
Thank you.
From India, Mumbai
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Dear Friend,
Generally, in any company, an employer will take candidates as trainees/probationary/regular employees on a direct contract basis or engage them through a contractor to meet their manpower needs. From your statement, it appears that you were hired as an employee on a direct contract basis through an appointment/orally and not through any contractor. If an employer appoints you on a contract basis directly and issues an appointment order specifying the notice period for termination of service, you need to comply with that aspect. You should not feel that contract workers do not need to fulfill obligations that arise from signing the appointment order or following the oral instructions of an employer. As long as you are in the service of the company, even on a contract basis, you are required to adhere to the terms and conditions specified to you either orally or in writing by your employer.
If you are aware that you need to inform your present employer one month or within a reasonable time before leaving their service, you should have informed your existing employer before joining the services of a new employer. In such a case, you could have been relieved by your present employer. Generally, an employer may prefer to retain the services of a resigning employee if satisfied with their performance by offering a pay raise or a change in designation, etc.
It appears from your statement that you did not inform your present employer about the opportunity you received from a new employer. Even though you were said to be appointed orally on a contract basis, morally, you are liable and supposed to inform your present employer before leaving their company's service, enabling them to make substitute arrangements in your place. In such a case, they might not have given negative feedback to your new employer regarding your performance while you were with their company, which could have led to a wrong feedback and significant damage to your career.
My advice is that you should try to secure a good job elsewhere by disregarding this negative experience. Do not mention your experience with this company in your future employment searches or during interviews unless necessary. If needed, inform them orally at the time of the interview that you could not produce an experience certificate from this company. If they agree, it should not pose any problem for you in obtaining employment elsewhere.
Regards
From India, Hyderabad
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55Generally, in any company, an employer will take candidates as trainees/probationary/regular employees on a direct contract basis or engage them through a contractor to meet their manpower needs. From your statement, it appears that you were hired as an employee on a direct contract basis through an appointment/orally and not through any contractor. If an employer appoints you on a contract basis directly and issues an appointment order specifying the notice period for termination of service, you need to comply with that aspect. You should not feel that contract workers do not need to fulfill obligations that arise from signing the appointment order or following the oral instructions of an employer. As long as you are in the service of the company, even on a contract basis, you are required to adhere to the terms and conditions specified to you either orally or in writing by your employer.
If you are aware that you need to inform your present employer one month or within a reasonable time before leaving their service, you should have informed your existing employer before joining the services of a new employer. In such a case, you could have been relieved by your present employer. Generally, an employer may prefer to retain the services of a resigning employee if satisfied with their performance by offering a pay raise or a change in designation, etc.
It appears from your statement that you did not inform your present employer about the opportunity you received from a new employer. Even though you were said to be appointed orally on a contract basis, morally, you are liable and supposed to inform your present employer before leaving their company's service, enabling them to make substitute arrangements in your place. In such a case, they might not have given negative feedback to your new employer regarding your performance while you were with their company, which could have led to a wrong feedback and significant damage to your career.
My advice is that you should try to secure a good job elsewhere by disregarding this negative experience. Do not mention your experience with this company in your future employment searches or during interviews unless necessary. If needed, inform them orally at the time of the interview that you could not produce an experience certificate from this company. If they agree, it should not pose any problem for you in obtaining employment elsewhere.
Regards
From India, Hyderabad
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Notice of Employee Change.doc