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juggu (senior)     27 October 2012

Not getting relieving letter

Respected All,

i worked for a reputed MNC. last month (september 2nd) i had kept papers and needed an early relieving letter. they have accepted my resignation but were not reliving me early. i joined the new company on september 11 after 10 days of resignation. would this be a dual employment. i was ready to buy out my notice period (2 months) but they bluntly refused. what shall i do to get the reliving letter.



Learning

 6 Replies

M.S.R.Murty ( Manager (Admn))     28 October 2012

Dear Mr. Juggu,

 You would have send your resignation alongwith notice period payment amount.  Try to convince the Ex-employer. 

juggu (senior)     28 October 2012

thanks Mr. Murty.

i tried my level best to convice them but my manager is egoist and this is how he behaves with everyone who put papers.

i already gave my resignation. i am planning to just stop going to ex-office now. please advice.

M.S.R.Murty ( Manager (Admn))     29 October 2012

Dear Mr.Juggu,

Please send your request letter  to your ex-employer for releaving letter by referring your resignation by registered Post.  your further step would be based on their reply.  Your Manager may be a egoist but he can not violate the procedures.

Kumar Doab (FIN)     29 October 2012

Mr. Murty has given valuable advice. Kindly follow it.

You may submit a gentle representation in writing under acknowledgment addressed to the good offices of your appointing authority, MD, Company Secretary narrating all previous representations { mention date, name/designation/dept/address of company personnel, and minutes of discussion} and conclude that you have affirmed that as per clause number …..in appointment letter dated….issued to you, company may adjust notice pay in FNF statement/settlement, encash paid leave in FNF statement, and supply you the original copy of the FNF statement so that you can act accordingly and pay any amount if payable by you. You may mention that company should supply you the acknowledgment of notice of resignation and final resignation letter, acceptance of resignation, work experience certificate/service certificate, relieving letter, FNF statement showing computation and disbursement of all payables, payment of FNF dues by bank DD only, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms {if submitted by you or acknowledgment issued by PF office in original, if company has submitted forms to PF office}, NOC/NDC etc. by redg. post only, so as to reach you in say next 7 days.

Yu may enclose the copy of your notice of resignation and final resignation and POD of both.

If you have submitted notice of resignation and final resignation, under acknowledgment and have retained copies and POD, company may not succeed in charging dual employment.

If your next employer is buying out your notice period and you tender the notice pay to previous employer by DD/cash/cheque you may be subjected to dual taxation. You should obtain Form 16 from previous employer as per FNF statement showing adjustment of notice pay.

Ramanathan G (Independent practice)     29 October 2012

Please file a Civil suit, to get the solution. management and particular manager should be parties.

JANAK RAJ VATSA (ADVOCATE)     29 October 2012

file a complaint in the office of the labour commisioner


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