10 March 2018 at 19:15

Employee not issuing relieving letter


I have beeen working with my current employer, lets say XYZ, from last 4 years. Now i have got an offer from a other comapny, lets say ABC, and want to move out, for that I have resigned my current employer(XYZ) putting a mail to the manager and keeping HR in cc. My manager have also accepted my resignation. The company from where i have got the offer(ABC) is the same company where i am currently working for a man days project through my current employer(XYZ). Currently I am serving notice period, which is 2months for my current company.

As the HR of my current employer XYZ came to know that i am going to the company(ABC) where i am currently working for a project, he is saying he will not give me relieving letter, because of some bond between both ABC & XYZ which states that company ABC cannot hire any member of the team working for their project, but i have found out that there is no such bond. The only bond that exits between both the comapnies is that i cannot be hired by the same team of comapny ABC, for which i am working, but can be hired for other team of the same company. I spoke to comapnay ABC's HR and they said, they have done thorough background check before releasing the offer letter, and they have found there is no bond which prevents them from hiring me.

I am trying to sort this out by talking to my manager and HR of current company. If finally they dont give my Relieving letter, may i know what are my legal options available for me.

Answer now

07 March 2018 at 14:03

Cant serve notice period

I was working in a company and the company deducted my salary and then i said that keep the rest of the salary and now they asked me serve the notice period.
But then i denied to serve as the manager is really rude.I signed a bond and now they are asking me either to pay the agreed amount or serve the notice period
Otherwise they are saying that they will sue me.
Also the firm is not registered yet

What should i do?

Answer now

my question is which book should i refer to get detailed facts and judgments about case laws regarding labour law.

Answer now

Hi, I worked for a payroll company (Service Industry) for about 18 months. When I resigned, my fnf was done without paying my annual incentives. HR mentioned that incentives payout are decided by the VP sales (CEO's wife) and HR cannot involve into it and I may have to speak to VP Sales.

From the day I have asked for my incentives these are the different versions that I have heard from the leadership team.:
1. When I submitted the report on client acquisition and achievement of more than 60% of target for the Sales year 2016-17, I was told that my main enterprise account got live in the month of November 2018 so it will not be considered for that sales year target.
2. Later, I considered the enterprise account for the current sales year. Since I worked for 6 months in the current FY, I calculate the target 6 month pro-rata basis and achievement report was shared with VP sales. I was told that as per the policy, incentives will be paid annually hence it will be paid in October, 2018.
3. Then when I told why in October I should be paid it along with my F&F once it's live. Then I get to hear that the part of work is not gone live so we can't pay for something that's not live. I have the invoice copies which states that even if that part of the service is not live and has not been billed, I would still achieve my target.

When I told this they came with certain factors which they want to consider for paying me either partly nor nothing. These are the the factor which HR discussed with me over phone:
1. Company is under Cash Crunch
2.Incentive policy itself is becoming heavy on the company and management is seeking improvisation on it.
3. VP sales opinion was that particular enterprise account could have been handled better to get better deal than the current deal. (It has been 3 months on closure of this account. VP had never discussed this concern with me)
4. Due to involvement of leadership team 100% credit cannot be given to sales people (My company incentive policy does not state any such thing).
5. In CEO perspective annual target are given to Sales people, so calculating on pro-rata is not right.

I have given clear justification on each and every point and have asked the HR to revert. She reverted as follows:

''Please talk to VP sales for further clarity. I tried helping you to make you understand different scenarios of the company and your Client Accounts under which incentive discussions happened. Beyond this, I will not be able to help you.' '

I am highly disappointed as conversation is taking place since two months and in unprofessional manner. The leadership team is coming out with new perspective each time and it clearly shows that they are avoiding to pay incentives. I have all conversation in email and calls recorded.

Please help me how can I get my hard earned money from them. Can I file a legal case? I have uploaded the policy.

Answer now

I raised a querry about 3 months back on the above cited subject..I will be highly great ful if any Advocate depend my case and win it for me..

Answer now

13 February 2018 at 09:28

License under shops & establishment act

Is minimum no of employees required for taking license under shops and establishment act or every shops or godown required license under shops & establishment act.

Answer now

11 February 2018 at 09:14

Monthly wages delayed

Dear Sir,

As our client doing a job work and due to financial crisis they are not released their employee salary on the date of 10.02.2018 because client expected payment from their customer due to unavoidable circumstances they could not release but employees raise the legal notice stating that as per payment wages act less than 1000 employees 07th of every scucceeding month required to release the salary in this regards any exception available as per act for such kind of delay.

Thanks & Regards

Answer now


I work in private college my college employees job time 9 am to 5 pm but now only college librarian time extended by managament 9 am to 5:45 pm .
So, my question is -what is employee working as per rules and right of India.?
how we present to management to so they reduce time.?

Answer now

Dear Sir
I would like to inform that I m currently not present in office now I unable to write the Email from your personal Email
And Thanks you sir Which support provide by me from your side Please note for your information,
84. Punishment for false statement.� Whoever, for the purpose of causing any increase in
payment or benefit under this Act, or for the purpose of causing any payment or benefit to be
made where no payment or benefit is authorised by or under this Act, or for the purpose of
avoiding any payment to be made by himself under this Act or enabling any other person to avoid
any such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment for a term which may extend to 1
months] or with fine not exceeding 2
[two thousand] rupees, or with both.
[Provided that where an insured person is convicted under this section, he shall not be
entitled for any cash benefit under this Act for such period as may be prescribed by the Central govt.

Dev Prakash Mathur

On Nov 10, 2017 15:02, "sushil.s" wrote:
Dear Devprakash,

I, Sandhya Madam and Ms.Prathima have informed you that, HR cannot certify the income of your mother as we do not have any document to certify your mother�s income. You are requested to provide us BPL card in case your mother/father has the same. In absence of the same we would need a letter from municipality certifying the income. We have spoken to ESIC officials they mentioned that we cannot blindly sign this certificate. We would need these documents to sign the letter. We have responsibility as employer to adhere by the rules of ESIC.

Henceforth request you to write email only form your official email id.

Asst. Manager - Human Resource
Vidal Health Insurance TPA Pvt. Ltd.
413-422, 4th Floor, Chintamani Plaza,
Mohan Studio Compound,Chakala,
Andheri Kurla Road, Andheri (E).
Mumbai -400 099.
Ph: 022 -29214734
Mail Me @ - sushil.s@vidalhealthtpa.com
Visit us @ - http://www.vidalhealthtpa.com

VH_TPA_Signature Unit

From: Devprakash Mathur [mailto:devmathur492@gmail.com]
Sent: Friday, November 10, 2017 1:35 PM
To: girish.rao@vidalhealthtpa.com; sandhya.rani@vidalhealth.com
Cc: yagdeep.c@vidalhealthtpa.com; sushil.s@vidalhealthtpa.com; prathima.s@vidalhealthtpa.com

Subject: Fwd: Request for Sigh

Dear Sir

Need your intervention

Dev Prakash Mathur

---------- Forwarded message ----------
From: "Devprakash Mathur"
Date: Nov 10, 2017 11:30 AM
Subject: Fwd: Request for Sigh
To: , ,

Dear Mam,

Awating Reply

I request you that I need your signature on this letter because my mother can get treatment from ESIC hospital
I would like to inform you that Now my mother admitted in Bhagwati hospital She now suffering from Heart disease

If you are unable to sign the letter Please give me the reasons

Please Somebody help Me

Dev Prakash Mathur

---------- Forwarded message ----------
From: "Devprakash Mathur"
Date: Nov 9, 2017 14:10
Subject: Fwd: Request for Sigh
To: , ,

Dear Mam,

Please find the attached

Dev Prakash Mathur

---------- Forwarded message ----------
From: "Devprakash Mathur"
Date: Nov 9, 2017 11:34
Subject: Request for Sigh
To: , ,
Cc: ,

I request you that I need your signature on this letter because my mother can get treatment from ESIC hospital
I would like to inform you that Now my mother admitted in Bhagwati hospital She now suffering from Heart disease

If you are unable to sign the letter Please give me the reasons

Please Somebody help Me

डिअर ऑल

मुझे डॉ यागदीप से डिक्लेरेशन फॉर्म की हार्ड कॉपी प्राप्त हुई जिसपर डॉ यागदीप के हस्ताक्षर है और कंपनी की स्टॉम्प है मुझे अब इस पत्र की कोई आवश्यता नही है मुझे यह पत्र मेरी अनुमति के बिना दिया गया है। मेरा आप से निवेदन है की मुझ पर किसी प्रकार का दबाव न डाला जाये व इस विवाद का फैसला न्यायाधीश द्वारा होने दे मेरा आप से निवेदन है इस विवाद को जल्द से जल्द निपटारा करने में मेरी मदद करे । यदि आप ने आपने दायित्व का निर्वाह 8/11/2017 से 10/11/2017 के बीच किया होता जिस समय मुझे अपनी माता जी के इलाज के लिए इसकी अत्यन्त आवश्यकता थी तो जो उन सभी परेशानियो का सामना मुझे नही करना पड़ा ।

लेकिन अब इस उपकार का कोई महत्त्व नहीं है अब आपको मुझसे या मेरे माता पिता से किसी भ तरह के किसी प्रकार के प्रमाण पत्र की आवश्यकता नही है ? अब आप किस आधार पर मेरी डिक्लेरेशन पर हस्ताक्षर कर रहे हैं ?

यदि आप यही डिक्लेरेशन पर 08/11/2017 को ही हस्ताक्षर कर देते तो मेरे जो हॉस्पिटल में ट्रीटमेंट में जो रुपये 47200 /- का खर्च हुआ वह नहीं होता और मुझे मानसिक परेशानी का सामना नही करना पड़ता। मैंने उस समय आप से निवेदन किया , विनती की , अनुरोध किया, लेकिन आपने मेरी सेल्फ डिक्लेरेशन को वेरीफाई नहीं किया जिस कारण से मुझे E.S.I से कैशलेस ट्रीटमेंट की सुविधा प्राप्त नहीं हुई इस कारणवश मुझे जो मानसिक तनाव का सामना करना पड़ा उन परिस्तिथियों के लिए कौन व्यक्ति जिम्मेदार है?

मेरी माता जी हॉस्पिटल में जिंदगी और मौत के बीच लड़ाई लड़ रही थी उस समय मुझे आप की और से कोई मदद नही मिली जिस प्रकार आपको पेशेंट के डिस्चार्ज होने के बाद क्वेरी डॉक्यूमेंट की प्राप्ति होती है तो उस परिस्थिति में आप कैशलेस सुविधा देने से मना कर देते हैं , उसी प्रकार मेरे मामले में भी परा माता जी के इलाज उपरान्त तथा अस्ताल में हुए इलाज का सारा खर्चा मेरे द्वारा वहन करने के बाद इस तरह के किसी भी प्रमाण पत्र का मेरे लिए कोई महत्त्व नही है

Dev Prakash Mathur

On Nov 22, 2017 5:08 PM, "Dr. Yagdeep Chugh/Sr.Mgr/DEL/Vidal Health/TPA" wrote:

Dear Mr Dev,

Request you to please find attached copy of declaration form duly signed and stamped .

I am sharing you hard copy of the same too .

Request you to please acknowledge the same .

Best Regards,

Dr Yagdeep Chugh

From: Prathima Sreenivasan/AM/HO/Vidal Health/TPA [mailto:prathima.s@vidalhealthtpa.com]
Sent: Tuesday, November 21, 2017 4:44 PM
To: 'G Sandhya Rani/AVP/BLR/Vidal Health'; 'Devprakash Mathur'; yagdeep.c@vidalhealthtpa.com; 'Sushil Salian/AM/MUM/Vidal Health/TPA'
Subject: RE: Regarding complaint on PMO portal reg.no.PMOPG/E/2017/0587625.
Importance: High

Dear Dr. Yagdeep,

Attached is the form. Below are the details of Dev�s dependants.

Emp. Name: Dev Prakash

Emp Insurance No. 2015042434

Dependant Father: Vani Singh

Dependant Father: Vimlesh

Kindly sign the form after updating the above details and share copy of the same to us.

Thanks & Regards,

Prathima Sreenivasan

Assistant Manager - Human Resources

Answer now

30 January 2018 at 17:06

Can i sue my employer

I was working with an organization in Mumbai, India from 20- March 2017, due to a lot of internal politics & unstructured and unorganized style of work I decided to move on. My letter of employment stated a 3 months notice but after discussing with my reporting manager I got an early reliever in a month. In that period I completed my handover process. And have even got my experience/ relieving letter.

Now after a month of joining elsewhere they have sent me a notice (on company letter head) stating I need to pay them a compensation of 2 months salary as I didn't serve 3 months.

I believe it is wrongful of them to send me such notice and harassing me. They tried piling new projects on me on my notice period, they made me slog at work. The organization lacked so much of culture that I quit without waiting for a month and claiming my annual bonus despite my performance.

Need urgent advise whether I am in a position to file a case against the employer. Kindly help me with the procedures.

Thanking you in advance

Answer now


  LAWyersclubindia Menu