Company not giving relieving letter
manishch
(Querist) 05 July 2015
This query is : Resolved
Hi,
I am working with a well renowned company of india, as per their terms and condition i have to serve 3 months of notice period but i want to serve only 1 month notice period and ready to pay for my 2 months notice period but they are not accepting and saying that they will not issue relieving letter if i dont serve full 3 months notice period and show me absconding from job and in that case i will not be able to provide relieving letter to my new company and eventually will have have to leave that job too.
Please suggest me.
Thanks,
Manish
Kumar Doab
(Expert) 05 July 2015
Have you submitted notice of resignation/resignation by now AT ALL or not?
You have posted that:
“but they are not accepting and saying that they will not issue relieving letter if i dont serve full 3 months notice period and show me absconding from job and in that case i will not be able to provide relieving letter to my new company and eventually will have have to leave that job too.”
This is sheer rowdiness, threat, coercion, criminal intimidation, goondgardi!
Have you recorded it (audio/visual/minuted/witnessed)?
Asking,telling,saying, etc are verbal modes of communication that is not on record. Therefore you should ideally minute everything in writing under proper acknowledgment, including whatever is asked/said/told to you and whatever is told/said by you.
An employee that is properly informed and supported by unions/lawyer is better placed than ill-informed/unsupported employee.
In your case if the Line Managers/HR or Legal cell personnel employer have sensed, seen that you are loner, poorly informed, unsupported, fearsome and shall succumbed to its tantrums, bow to pressure then this is precisely what they shall do.
On the contrary if they know that you don’t belong to this category of employees then they will think ten times before deciding to subject to such behavior.
Employees in your sector must have also have united and unions of your trade have must done good job. Approach the employees/ Trade Unions and gradually you will know how to negotiate the contracts and the hot buttons that can be pressed, if the need be.
Your seasoned union leaders/lawyer would know precise ways to drill sense into the heads.
What is this establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many maximum persons were employed in it at any point of time, before and after your resignation?
The Redg Office,Corporate Office of the company, and your reporting office is located in which state?
What is your designation and nature of duties?
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
What is your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?
What is the notice period inserted in appointment letter if employee tenders resignation and is there provision for notice pay in lieu of notice period?
What is the notice period inserted in appointment letter if employer initiates termination and can it terminate without notice period and tender notice pay in lieu of it?
Have you submitted notice of resignation/resignation by now or not? If yes did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge? Or have you submitted notice of resignation on some resignation software toll without any copy or acknowledgment to you?
Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions?
Have you firmed up your next employment and has your next employer agreed in writing to buy out your notice period and pay on 1st day of joining without any conditions and absorb you on the strength of copy of resignation letter only?
You should provide full information, pointwise, for further response!
Kumar Doab
(Expert) 05 July 2015
You may also reply if company has its certified standing orders and your designation is covered by it.
Or if standing orders apply to it but are not certified and Model Standing Orders shall apply to it.
Company has to display standing orders at a conspicuous place say near entrance/on notice board and should circulate these to employees covered by these…………….and keep these in knowledge domain of employee say a shared portal.
Rajendra K Goyal
(Expert) 05 July 2015
Provide full information as asked by the expert Kumar Doab. Consult local labor law consultant,show him all the documents and discuss in detail.
