prabhangparashar 26 May 2015

Relieving letter

Hi, I left my previous organisation in Dec last year on 18th. I got a good offer from another company but they asked me to join the very next day on 19th. I gave resignation to my employer through official mail and took print out of that. That is what was required to join. They didn't ask me for any relieving letter. But later on after a week or so I got a letter from my first employer that I am absconding so I should report them immediately. I went there and had a word with HR team. They said talk to your manager for relieving. But they keep on tossing me from ops to HR and so on.i finally went to HR manager and asked them to issue my relieving letter as I was ready to buy the notice period. He first asked me to give my one month gross salary in cash to him which I refused because as per laws we only have to give one month basic salary. He said its your decision. I suddenly after a week or so received received a message to contact him. To my surprise my fnf was done and they paid my gratuity plus pay for 18 days and deducted one month's gross salary from that. They even gave me a experience letter but said that he has paid 10 thousand from his pocket to close my file. And told me to give 10000 rs to him and then only he will give my relieving letter. It's been 2 months. Can any one suggest me how can I get my relieving letter...???

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6 Replies

prabhangparashar 26 May 2015

Plz help..A quick reply will b appreciated.

Amol Kende (No) 26 May 2015

Ok Prabhang,

Have they showed you your F&F calculation and cheque against it If yes the send a mail from your personal mail id with attachement of the resignation mail and explain the instances mentioned whatever talked HR persone with you its clearly bribe required send it to HR Head of the complany and mark CEO, your HOD, Reporting Authority in CC to that mail and mention last line that if you not received your calculation file and cheque with relieving letter in next 7 days then this matter will get escalte by you to the Labour commissioner with proper documentation.

once this issue closed then please revert to me

Thanks

prabhangparashar 26 May 2015

Hi Amol, Thanks for the reply. .. I have already got the cheque and they deducted one month's salary from total calculations. I also took a copy of the fnf letter with all the calculations. Whatever conversation I had, it was with the HR head of the company He gave me everything else except the relieving letter. The reason why I am little apprehensive is that I left the company without serving the notice period and HR head told me that he helped me in getting my managers acceptance. I would have been declared absconded otherwise if he would not have helped me in getting the acceptance. As per him even if I had resigned without managers acceptance it was of no relevance. Does this mean we cannot leave a company without serving notice period.??? Even if we pay for it and of course it's well written in the appointment letter.

prabhangparashar 26 May 2015

This is the reason why i resigned on mail and that too from my official mail Id

Kumar Doab (FIN) 26 May 2015

The moment employee has resigned he/she has ended the employer-employee relationship. You have resigned and have copy and have not absconded. Resignation is personal matter and can be sent from personal email I'd however it should preferably be by letter addressed to appointing authority thru Redg.Post...... and a scanned copy may follow thru email. There is an option of notice pay in lieu of notice period in your contract and notice pay and service certificate is very much in various enactments applicable to establishment/employer/employee and no one can decline to provide it. Service Certificate has to be provided to each employee. Relieving letter signifies that nothing is due towards employee..... and FnF statement shows it too.Hence relieving letter should be supplied to you. Resignation can be without permission and notice and approval. If board of the company thru resolution has not provided then manager is no authority to approve also. Companies devise some tactics like software resignation tool and manager might have been given some nuisance value. You should have recorded the demands of HR Manager (audio/visual etc). You seem to have some skills and apply these to extract relieving letter. The next employer should buy out notice period and refund from copy of FnF statement.

Amol Kende (No) 27 May 2015

Dear Sir,

Relieving denotes no duce and employee properly resigned from the company if any company not issuing this letter to the employee new company without this kind of letter how check the backgrount verification its look like dual employement hence new comany required this document as well as after this letter previous company can not claim any kind of losses with this employee now any kind of lossed if previous comany made against employee how employee can proove he left the organisation and company relieved him min required if employee resigned via written or by mail its intimation to the immidiate reporting authority and employer too he can not initiate in this case absconding process if the intimation received

please suggest me for knowledge purpose