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Soni Chanu (Engineer)     06 December 2012

Please help me.. I am in trouble .Relieving letter

Dear All,

I am in trouble right now, please help me.

I was working in 1 smal company (total7 employees) for around 45 days and left going there since 1st Dec 2012.I was in probation period (first 90 days). Meanwhile I have joined a new and big comapny on 3rd Dec 2012. However my previous company got know that I already have joined the new company and they reported to my new company. Now my new company now asks me to bring the relieving letter from the previous one.

So i have resigned from the previous company on 5th Dec 2012, but they are not ready to accept my resignation and provide me any relieving letter-- neither by serving notice period nor by collecting the Basic salary of 30 days as mentioned in offer letter.

NOTE:

I do not get formal offer letter as such from my new company.So i did not sign any terms and conditions from the new company. They simply asked me to join on 3rd Dec 2012.So i went and joined and i signed some nomination forms only.There was no concept of PF or Gratuty in my previous company.

1. Will there be any dual employement issue coming in this regard?

2. What would be the solutions in this regard?

Please help me.

Thanks in advance.

 

Thanks,

Soni



Learning

 6 Replies

Kumar Doab (FIN)     07 December 2012

It is felt that while you are devoting your time to small and big company you may put your energy into looking for some other suitable employment with a good company also.

The response of new company is but natural.

Did you sign any joining report, mark attendance?

You may ask the new company to issue you appointment letter dated and w.e.f.

06th Dec, 2012. Let your new employer write that you have joined only from 6th Dec.

Make it a thumb rule to discuss each matter with your elders in the family, competent and experienced well wishers; lawyer, law firm and not to act in haste.

A consultation well in time protects from legal traps and future damage.

Did you submit resignation under proper acknowledgment?

If your appointment letter has clause on notice period/notice pay in lieu of it you may send the cheque of notice pay with copy of resignation letter thru redg. Post.

If you are not able to handle the situation on your own, you may take elders with you and request the employer to relieve you with relieving letter. If you can resolve amicably this shall be the quickest and easiest solution.

If the need be you can try by seeking help of community leaders, councilor, coporator, sensible trade union leaders, influential and reputed personalities, etc without being loud, disrespectful to old employer. The prop. of the old company may pardon you and relieve you.

You should take your next employer into confidence and request them to allow you to join on the strength of copy of your resignation and certificate of its dispatch and it’s POD, as your previous employer has declined to issue acceptance of resignation/relieving letter/FNF statement etc. The company may agree and may ask you to sign and affidavit/indemnity and may allow you say……1/2/3 month’s time to produce relieving letter.

Otherwise you shall have to move to a lawyer, Labor Officials.

 In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.

It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

 

1 Like

Soni Chanu (Engineer)     07 December 2012

Thank you so much for your response..i have requested my new company to issue the offer letter.They are ok if i join after serving of 30 days notice period but i personally dont want to serve notice period..for which i am ready to pay the basic salary as mentioned in the contract.When i resigned n mentioning repayment of basic..they called it bribe n not ready to take it nor they accept my resignation.They threatened me that they will escalate to my new company higher authority. very helpless

Kumar Doab (FIN)     08 December 2012

You have posted that;

--“ They are ok if i join after serving of 30 days notice period.”

Obtain the extension of offer letter to another 30 days, with last date up to which offer is valid i.e. dated……..mentioned in the extension of offer letter. You may obtain the extension in writing even if by email. You should apply for extension of offer in writing even if by email.

You must do it and obtain extension in writing even if you are not willing to serve notice period.

You must develop strong rapport with line management, HR, Higher authorities of new company. There is nothing wrong in meeting them.

The situation you are facing is something like daily chore for companies now a days.

This new company might also be subjecting its employees to such situations.

However if you are the candidate of choice for them they can support you even if your past employer write to higher authority.

--“ When i resigned n mentioning repayment of basic..they called it bribe n not ready to take it nor they accept my resignation.”

If an appointment letter has been issued to you and your appointment letter has clause on notice period/notice pay in lieu of it, you may submit a fresh letter subsequent to previous notice/resignation and cite relevant clause of appointment letter and conclude that on dated………, and dated………..{mention all dates} you have visited Mr/Ms……designation…….dept…..address with name of company ….. with {mention name of your witnesses} and company thru its officials mentioned above declined to accept a/c payee crossed cheque for notice pay {enclose photocopy of the cheque} and issue its acknowledgment and threatened that it shall neither accept resignation nor notice pay cheque under acknowledgment and continue to write to your future employers leveling allegations and murder your career and chances of employability. These company officials announce that only way out for you is to come back and continue to serve the company {mention name} at the revised terms and conditions which shall be verbally announced if I withdraw my resignation in writing.{ if company wants you to join back}

If no appointment letter has been issued to you, there is no contractual obligation and you may join your new company.

You have the option of lodging a complaint with Inspector under SE Act, ALC as company is not issuing order of appointment.

---“ They threatened me that they will escalate to my new company higher authority.”

Employee should always record such transactions {audio/visual. Mobile comes handy} and keep witness/evidence, for use at appropriate time in appropriate forum.

If you are not able to handle the situation on your own approach trade union, labor inspector, competent and experienced service lawyer/labor consultant, with your elders/well wishers with copies of all of your documents and give inputs in person and proceed under expert advice/counsel

Soni Chanu (Engineer)     08 December 2012

Many Many thanks for your valuable response. My parents are ready to go to my old company to settle down in table talk from our side.

My old company does not know that I did not get the offer letter from the new one and did not sign the employment contract with new company, so I believe this misunderstanding could be settled down if my parents go and let them know it.

Also I have approached one lawyer from my locality, he have seen all my old company's offer letter, mail chains etc... and he prepared one draft to reply to the mail chain with old company. We are thinking to approach them personally first, if they keep on denying then I will send that draft which also mentions their avoidance of Article #19 and 21.

Also i am very afraid that this could lead to a big problem going further and non-ended fights might happen.

Please suggest..

Kumar Doab (FIN)     09 December 2012

The matter is as simple as that:

--You want to resign from old company. If you have signed an employment contract which has condition of notice period/notice pay then as per the contract if you are leaving without notice period employer can ask for penalty of notice pay. This is the maximum you have to face.

If company has not issued any appointment letter then you are not under contractual obligation to tender notice/notice pay.

Moreover if your employer is not issuing appointment letters it might be violation of SE Act applicable to your state.

e.g. SE Act Delhi:

34.  EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.

Another point is that one month notice period during probation period seems to be unreasonable. Your lawyer would know it.

 If your company is covered under SE Act then as per SE Act applicable to your state

{Which your state} no notice period might be applicable employee resigns after service of 45 days.

e.g. SE Act Delhi:

 

 (5)  “commercial establishment”

30. Notice of Dismissal.—

(2) No employee who has put in three months’ continuous service shall terminate his

employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.

--“ If your employer has got a proof that you have joined another company without resigning from its services then your employer can charge you fro dual employment and terminate you for misconduct, without tendering notice pay.

Your employer has no proof. He wants to bite you and that is why he is making verbal statements that he shall write to senior management, as he feels that the line managers and HR of new company want to recruit you and are with you. He is expecting that MD etc of the new company shall ask its HR/Line management to not to recruit you.

You need to build strong rapport with line HR/Line management of new company and convince them { followed by written communication} that your previous employer has declined to issue acceptance of resignation/relieving letter/FNF statement etc, and you can provide copy of the resignation, proof of dispatch { by redg. post} and POD {which you can obtain from PO}. The company may agree and may ask you to sign and affidavit/indemnity stating you are not employed elsewhere.

Your new company might also be declining to accept resignations and might be treating employees in the manner or even worse as your old employer. This is every day situation in industry happening in almost all companies small or big.

You should obtain offer letter from new company.

--Like you have been able to approach a lawyer you must try and find out some strong trade/employee union and genuinely good leader. They have their own way to handle such situations and employers. You would get to know rights of employee by being  a member.

Wherever you may work in future, work sincerely, deliver performance, and justify every penny of salary paid to you. At the same time be properly informed on labor laws, rights of employee and form community of like minded employees.

--You can also approach, Wages Inspector, Labor Inspector, and Inspector under SE Act, ALC in local o/o Labor Commissioner in your city and you nay not have to pay any notice pay at all and you may get acceptance of resignation, relieving letter, service certificate, FNF statement/settlement, salary slip, from 16,  etc everything

--You should not mention to old employer that you have filled some HR forms in o/o new employer.

If you feel you may record the discussion with old employer {audio/visual} and take some other witness also along with your parents, for appropriate use in appropriate forum.

You may feel the momentary stress however if remain vigilant, firm, alert, and do not get bogged down the matter is not that difficult or complex.

Despite whatever is happening, you may remain amiable, cool, avoid outbursts and do not be disrespectful to old employer. Do not block the channels of communication.

In today’s world employee needs to develop and apply exceptional levels of goodwill/rapport building, persuasion, negotiation, persistence, reasoning skills.

After all you have worked with them and you have created a situation as you are leaving them after just 45 days. Which employer shall want an employee to come and leave after 45 days, and join another employer without bothering to resign and get relieved even if company is small.

 

 


Attached File : 367189358 delhi shops & establishments act, 1954.pdf downloaded: 170 times

Soni Chanu (Engineer)     10 December 2012

how to thank you sir...i got loads of knowledges discussing with you...i have noted down all ur points..once again thanks a ton

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