Company not issuing relieving letter

Thrivikram (Querist) 06 May 2016 This query is : Resolved
Hi Sir/Madam,

I am Thrivikram and this is a case of my wife. She joined an MNC in 2015 after she signed a deed of indemnity of 2 years. She worked for about 9 months after which she had to take a leave for one month as I was down on bed due to bad health.We started off with treatment but was not getting any better. We had to consult many doctors to exactly know what was wrong. It was finally diagnosed as tuberculosis. By then her one months leave was over. As my health condition was getting even worse she requested for leave extension and also submitted all the available medical documents. They did not agree for extending the leave and asked her to report to duties immediately. She couldn't do that. They sent show cause notices to which she responded again with the documents available and tried to explain on call her pathetic situation. But was of no use. They sent her termination letter and marked her as absconding in their databases. Mean while I was further diagnosed with cancer. Initial diagnosis of tuberculosis was wrong. We started off with chemotherapy treatments immediately. Now as we suffer through these tough days my wife needs to find a job to afford my treatment as well as to keep the family running. To get a new job she needs a relieving letter from her previous employer. But they are not ready to give her that letter. What do we do?

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Thrivikram (Querist) 06 May 2016
Kindly suggest what options do we have in our case. The absence was not intentional.

Kumar Doab (Expert) 06 May 2016
The said Indemnity was created in lieu of what extra ordinary favor by the company e.g.certified training that added to her qualification?

Hope you have copies and POD of all leave application, approval/declinature, reply to SCN etc.

The action of the company is apparently over reaction!

However the matter demands thorough examination by an able counsel specializing in labor-service matters, of all appointment related documents e.g; job advt, job application, interview call letter, selection letter, offer letter,appointment letter, all rules/policies mentioned in appointment letter, leave policy, all case related docs on record sand communications etc !

While initiating such threads querist/employee should post full facts e.g;

What is this establishment; Commercial/Industrial?

What is its line of business?

What was your designation and nature of duties as in appointment letter and in practice?

Are you under probation period or confirmed?

Does standing orders (Model/standing) apply to establishment and your designation and do you have the copy?

You were located in which state?

The Redg.,reporting,HO was in which state?

What was last drawn salary?

Are you a member of employee's/trade unions?

Does the company have an office at your future/present location?

Has the company supplied the service certificate, FnF statement, Form16, salary slips of all months/last month, PF a/c slips,FnF dues along with/after termination order?

The relevant extracts from appointment letter and all rules/policies mentioned in appointment letter, standing orders, and to specific matter as in your case should be posted.

There are many threads on similar query at LCI that you can search in Search option e.g:

http://www.lawyersclubindia.com/experts/Ex-employer-is-not-providing-experience-letter-597131.asp#.VyxSNdJ97IU