Shashi (SE) 27 July 2010

Problem With Relieving letter

Hi Sir,

My name is shashi and I am posting this question after negotiations with my previous employer.My problem is genuine one,this what it is.

I was joined A company in the month of may 2 years back that is in 2008.In the offer letter which was given to me there was no bond.Initially i was taken as a trainee and after 7 months they confirmed my positon and kept a 3 months probation which i served it and after 3 months i was acquired as permanent employee of that company.It took almost 1 yr to get permanent.after that i worked for an another 1 yr keeping my career and personal growth in mind i served for 2 yrs there and started for looking out for a change.when i got a offer in a very good company,I submitted my resignation in the month of may 2010 and i didnt mentioned date of that dat in the resigantion emaila and after that my project manager called me after 3 days and told me to stay for one more year when i told him that opportunity was very good one and i was a unstisfied with the work and environment here and i wanted to learn new things so i wnated to go out and gave some time to think.The next day i went to him and told my decision that i wanted to leave.then he told me that 1 yr of your service is unproductive to the company and it was a training period and all the cost they spent on me was a waste and told me i dont want a person with such an attitude to work with me so u need not come from tommorrow,we dont want your services and no need to serve your notice period and we dont issue a relieving letter to a person who left before 2 and half years thats the management decision.i came out of my company not asking anything and when i went to new company they rejected me because of not providing a relieving letter.

After that i spoke with my director and requested him to issue the relieving and i got a negative response from him.

My questions can i proceed legally on this issue.If so what could be the chance of getting a positive result and what r the proofs i have to produce?

Awaiting for a reply.

-Shashi

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5 Replies

Siddhi Agarwal (Owner) 27 July 2010

This is nothing but exploitation by the rogue management of the co. but then you have not mentioned if you were required to give notice of 1/2 months as per terms in confirmation letter. What were the terms of appointment letter?

mayilsamy n (student) 27 July 2010

Hi,

I suppose that you have offer letter, appiontment letter and pay slips with you.

I think the reason given for your termination is not a valid reason, like wrong attitude etc... so they will have to take you back or pay necessary compenstion.

All you need is to meet an advocate who is specialised in labour in your locatility.

Best of luck

Shashi (SE) 28 July 2010

Thanks to both of you sir.

Mr.Siddhi here is the answer for your question as per my appointment letter if they really want to terminate an employee notice period is 1 month incase if employee resigns notice period is 45 days.

Mr.mayilsamy,I have their offer letter,appointment letter,payslips of last 3 months before i left the company and the form 16 of 2008-09.

and i have a one more question sir,I have to get the Form-16 for the year 2009-10 which they may refuse to give.

Is it a compulsion for a company to give form -16 to his employees?

if not given or refused to give can we proceed legally on this?

mayilsamy n (student) 28 July 2010

Hi,

Form 16 is necessary for file the income tax else you cannot account for the TDS dedeucted by your employer. if the company has deducted then they will have to give the form 16 to you, they cannot deny it.

I think you should proceed legally agaist such organisation. there is other options left at your disposal right now.

My advise would be that send a legal notice through an advocate asking for the relieving letter and form 16, so that on receipt of the legal notice, they may try to slove the it by giving you the letter and form since there is no futhur financial burden on them. but pls discuss this with an advocate of your locality and proceed.

Good luck.

Kumar Doab (FIN) 06 September 2010

You have submitted your resignation by email, which has a date on it and that becomes date of submission of resignation.

After 4 days your Project Manager which may be your reporting authority verbally asked you to stop coming to office,meaning that he terminated the question of serving the notice period and did not inform you to whom you should submit company property, do the knowledge transfer etc.

and stated a few things e.g. that you have been under training, whereas the docs available with you like offer letter, appointment letter validates you have been a confirmed employee and you notice period is 45 days,

If the company terminates notice pay for 30 days is to be disbursed to you.

You may send a detailed communication to the principle officer of your company stating facts, verbal communications,personal representations, and the treatment meted out to a confirmed employee, and raise your demand for form 16,notice pay,F&F,relieving letter, experience certificate, and mention professional achievements of yours, and all appreciations received by you for your work, etc, and ask to whom the company property if any with you should be submitted.If you haver not taken any company property under receipt from company, you may proceed accordingly.

As rightly pointed out to you by the forum members, it shall be appropriate to consult your service layer and send letters/notice after a legal opinion.

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