Contractual Employee And Notice Period

Hi Friends,
i have worked at company as a contractual employee where we have not entered in any legal employment agreement and even terms of employment like notice and other perquisites were not verbally discussed. After 4 month, i got a good opportunity in other company and left job without serving notice with impression that i am not bound to do the same. But later when i have applied for good job in other company than they have checked and ask reference with previous employer where they have given a negative feedback and due to which i have lost the job. Please suggest suitable course of action to avoid such obstacles in career.

Dear Friend

Generally, in any company, employer will take candidates as trainee / probation / regular / on direct contract or by engaging through a contractor to meet their manpower needs. From your statement it appears that you were taken as employee on direct contract basis by an appointment /orally and not through any contractor. If employer appoints you on contract basis directly and issued an appointment order which specify the notice period for termination of service, you need to comply that aspect. You should not feel that contact workmen need not fulfill obligations that arose by signing the appointment order or oral instruction of an employer. As long as you are in the services of company even on contract roll, you are required to be governed by such terms and conditions which were 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 any reasonable time, before you leave their services, you would have been inform the same to existing employer before you want to joins in the services of new employer. In such a case, you could have been relieved by your present employer. Generally, employer may prefers to retain the services of resigning employee if he satisfy with his performance by giving some hike in pay or in designation etc.

It appears from you statement that you did not inform your present employer about the chance you got in new employers company. Though you are said to be appointed orally on contract basis, morally you are liable and supposed to inform your present employer before you leave his company service, enabling him to make substitute arrangement in your place. In such a case, he might have not given negative feed back to your new employer about your performance while you were in his company service. Since, you have done as stated above, he might have given a wrong feed back and caused much damage to your career.

My advice is that you should try to get a good job else where by ignoring this bad experience and do not mention the experience of this company in your future employment search or tell orally that too at the time of interview, if it is necessary for you to get an employment, about your work experience with this company and make them aware that you could not produce experience certificate from this company. If they agree for it, there will not be any problem for you in any way in getting employment any where.

Regards