Not getting relieving letter

You have posted that:

--“I was working in X-company, a leading MNC.”

Is it an industrial establishment? Is it registered under Shops and Commercial Establishments Act?

The company should have displayed its registration certificate at notice board/near entrance/at reception.

You may look into SE Act applicable to your state; IESO Act/Model Standing Orders which may be available at Dept. of labor website of your state/SE Inspectorate or you may buy from market. If your establishment is covered under IESO act and has not framed its certified standing orders model standing orders shall apply.

e.g.

SE Act Delhi

30. Notice of Dismissal.

One month.

Model Standing Orders:

13.  Termination of employment.--(1)

One month.

--“Due to some personal reason and new job offer I resigned from the job. As per policy 3 months notice period needs to be served. I have served around one & half month,”

Did you submit notice of resignation with effective date of resignation/last day in office and personal reason for resignation mentioned in it? If yes you have notified the company of your date of retirement from company. One and half month of notice is more than reasonable and is certainly not abrupt termination.

The very purpose of notice period is that employer is able to do orderly transition, install replacement, complete exit formalities, and employee is able to firm up his future venture and help the employer to complete the exit formalities. On the receipt of notice of resignation company/employer should immediately execute the succession plan it already has/should have/ must prepare, and decide who shall take over from employee. Ideally/normally reporting authority /HOD is the authority for handover of charge.

Good/professional companies are not affected with attrition as they have succession plan and a culture that the work shall be taken over by reporting authority /HOD, or divided between 2 or more personnel immediately and responsibility is shared jointly. Majority of the times the good for nothing line management/HR do not have replacement or are unwilling to share the responsibility and hence the outgoing employee is harassed.

What is the use of coercing and forcing an employee who has decided to quit. He should be allowed to leave on the designated date. Why can’t his immediate manager lead from front and take charge. If employee is so crucial why can’t company draw and formulate a plan and package to retain him?

Did the company acknowledge in writing notice of resignation, and issue any guidelines on exit formalities? If no company is not good professional and such a practice of maintaining studies silence may be termed bad.

Do you know any incidence when this employer has terminated employees without any notice {even if by tendering notice pay} or has accepted resignation before the expiry of notice period of any employee? When you communicate next to say HR/Line management ask them to affirm in writing that company have never done so……….or under which rule and law of the land it can do so???

Did you affirm in notice or subsequently in writing or in office that you are willing to co operate and handover the charge/submit company property/ train the replacement? If yes you have displayed character and done well to employer. If employer remains mum the employee is not at fault.

Or did the company appraise you in writing on exit formalities, after receipt of your notice? Have you handed over the charge/company property under acknowledgment?

Has the company circulated its HR policies, employee policies, service rules to employees or has it placed these on employee portal? If no, the gossip and rumor can’t be rules. Employer should not act and behave like a street magician and produce some rules from thin air. If there are policies these should be printed policies and put in knowledge domain of the employee and employer should keep these in locker away from reach of employee.

Does the company have its certified standing orders and has it displayed these on notice boards? Employee should be provide copies at the most against some nominal charge say Rs.10/-

--“ also I took some leave in between due to family emergency.”

Did the company approve leave application and did it ask to extend the notice period by the number of days of leave?

Did it decline to sanction leave?

--“ I informed to the company that I can’t serve three months notice whereas I will pay the balance notice period during the settlement.”

Did you inform in writing?

“ My company didn’t agree with this.”

Did the company decline in writing? What was the reason quoted by it?

Have you issued any communication stating that company has declined as above?

Does the appoint letter issued to you has a clause on notice period and notice pay in lieu of notice period?

What is the rate of notice pay: Basic+ DA/Gross/CTC?

As per your knowledge what is the joining time issued by this company to new candidates? Is it one month or 2 month or 3 months? Does this company agree to wait till the new candidates serve full notice period with their previous employers? Does this company buy out notice period?

When you communicate next to say HR/Line management ask them to affirm in writing that company has doing it or not…..

--“Due to some personal commitment and new company's joining I left the organization with formal information over mail.”

Did you resign on the date of resignation already communicated vide your notice of resignation?

Did you issue any reminders in between that company should make arrangements to ensure smooth exit by your last day in office.  Even if you done so verbally in office, you may narrate it by mentioning dates and name/designation/dept of company personnel who were approached by you.

Did the company acknowledge in writing, the receipt of your formal resignation and did it confirm its acceptance/declinature? If no, this can be termed as unfair and bad practice.

--“Now the previous employer is refusing to provide relieving letter in spite of giving notice pay buyout option.”

Has the company communicated any other penalty it deems that you should suffer other than notice pay? Notice pay in lieu of notice is the max. which must have been described in your appointment letter.

The terms in appointment letter are contractual obligation and employer should abide by it.

--“In the mean time I have joined new company. I have requested several times but they have refused.”

What else employee shall do?

If the company has been maintaining studied silence it can be termed as bad and unfair and even illegal.

If company feels that some a/c are pending to be settled it should inform in writing by effective mode of communication e.g. letter by redg/speed post.

Relieving letter is issued post settlement of all accounts. You have already affirmed to adjust notice pay in FNF statement/settlement. You may affirm in writing to handover the charge/company property and you may remind the company that despite your representations, company has never informed you to whom you should handover under proper acknowledgment on the spot.

You may prepare and submit a tentative statement of all payables by company to you { show your wages separately}and payables by you to company and ask the company to confirm that this statement submitted by you is accurate and then point out that as per it nothing is payable by you to company however affirm to tender amount if any payable by you to company as per correct FNF statement supplied by company to you by a crossed a/c payee cheque under proper acknowledgment/receipt to be issued by company on the spot.

Company should encash the paid leave, add bonus, and show it in FNF statement and adjust notice pay against paid leave etc. Company should pay wages and should not withhold wages. If company has to recover still some amount it may spend its money to recover thru court.

You may ask the company to supply you the correct FNF statement {with leave encashment, gratuity, bonus, performance pay etc…..} on letterhead of the company/prescribed stationary with logo and address of company under original seal and signature by hand of the competent employee of the company with his/her full name/designation/dept/address under his signature, form 16 as per correct FNF statement, PF number, PF account slips for whole service period, attested copies of PF withdrawal/transfer forms{ submit the forms under acknowledgment}as you shall submit these on your own to PF office, work experience/service certificate, relieving letter, NOC/NDC… etc.

You may address all representations to good offices of your appointing authority, MD, Company Secretary, Chairman and request for an appoint in person on dated…….time…..{ as suitable to you} and request to allow you to let you examine your personnel file maintained by company in its HO.

You need to ask in writing from your employer the reason of separation recorded by it in your personnel file and company records. Is it termination by company?

You may add that postage prepaid { as purchased from PO} self addressed envelope with postage stamps of Rs……affixed on it is enclosed for sending the reply by redg. post to you and all communications be sent to you by redg. post only.

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 salary slips emails etc 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.

The bone of contention seems to be shortfall in notice period. If this is the only leftover part of the incidence you may apply your reasoning/persuasion/persistence/negotiation skills with HR and obtain FNF settlement and documents and close the matter here. Litigation can be stressful for some employees. Litigation takes time.

Kindly note that HR may not provide any relief to you until you have a handle on company, as HR has to serve its masters, who might have issued verbal or written instructions. So you may escalate to good offices under acknowledgment and try and meet them and convince them.

If good offices also do not provide any relief you may proceed as deemed fit at your end.

You may consult elders in the family, competent and experienced well wishers, lawyer law firm and fine tune your representations as suitable to you.

Hi Kumar,

Thanks for reply. Please find below my response against your question:

"Is it an industrial establishment? Is it registered under Shops and Commercial Establishments Act?" - This is a bank & registered.

"Did you submit notice of resignation with effective date of resignation/last day in office and personal reason for resignation mentioned in it? If yes you have notified the company of your date of retirement from company. One and half month of notice is more than reasonable and is certainly not abrupt termination." - Ye, I resigned with formal resignation letter and I have mentioned the date till when I have serve i.e. last working day also.

"Do you know any incidence when this employer has terminated employees without any notice {even if by tendering notice pay} or has accepted resignation before the expiry of notice period of any employee?" - Yes, I know many instances where employees has been relieved without notice period....either its waived off or buyout.

"Did you affirm in notice or subsequently in writing or in office that you are willing to co operate and handover the charge/submit company property/ train the replacement?" - Yes, I have handed over the entire process to next officer who was officially taken the role and I have the acknowledgement also.

"Did the company approve leave application and did it ask to extend the notice period by the number of days of leave?" - Yes, leave was approved and they told me to extend the notice period.

"Did it decline to sanction leave?" - Before going on leave they verbally told not to take any leave. They did not decline.

--“ I informed to the company that I can’t serve three months notice whereas I will pay the balance notice period during the settlement.” Did you inform in writing?" - Yes, over mail (in resignation letter & many follow up mails)

"My company didn’t agree with this.” Did the company decline in writing? What was the reason quoted by it?" - replied over mail

"Does the appoint letter issued to you has a clause on notice period and notice pay in lieu of notice period?" - Yes mentioned in offer letter, also mentioned its sole discretion

"What is the rate of notice pay: Basic+ DA/Gross/CTC?" - CTC

"--“Due to some personal commitment and new company's joining I left the organization with formal information over mail.” Did you resign on the date of resignation already communicated vide your notice of resignation" - Yes, I left on the day which I was clearly mentioned in the mail and they all were aware about that. Now they are saying I have absconded - is that right?

"Did you issue any reminders in between that company should make arrangements to ensure smooth exit by your last day in office.  Even if you done so verbally in office, you may narrate it by mentioning dates and name/designation/dept of company personnel who were approached by you. Did the company acknowledge in writing, the receipt of your formal resignation and did it confirm its acceptance/declinature? If no, this can be termed as unfair and bad practice." - Yes, every thing I have communicated over mail and I have all the evidence. Yes, company has accepted the resignation.

- They have sent the show cause letter for which I responded and in spite of keeping in touch over phone and email again they have sent absconding letter.

The bone of contention is only shortfall in notice period nothing else.

I have a similar case wherein

1. I served a notice period of one and a half months instead of 3 months.

2. I have a resignation acceptance letter.

3. I tried to buy out the notice period but to no avail (I have emails supporting this buy out discussion).

4. I have got an experience letter issued stating I need bank loan (As suggested by one well wisher).

5. Before leaving I formally send an email about me leaving.

6. Several email communication with my manager, my manager's manager and VP HR where I requested them to relieve me in 45 days.

I tried approaching the company again but they asked me to rejoin (verbal), which i denied over email.  

I have all the supporting proofs (buyout request) over email, but no signed copies. 

Now other companies are asking me for the relieving, which I dont have.

Given below is the heartfelt opinion. You may consult elders in the family, competent and experienced well wishers, and proceed as deemed fit and under expert advice of your lawyer. Valuable advice of learned experts/members is sought.

If it is as simple as that “You have resigned by tendering notice of resignation and your resignation has been accepted, your leave has been approved and you have submitted formal resignation on the date of resignation notified by you to company and you have handed over the charge to the official designated by your company” then how and why are declared as absconding???

This is the trend and practice of majority of the personnel in line management, HR, legal and is practiced with impunity and without any regret. It is perceived that when company steps on the toes on one employee the drama helps to discipline other employee and rest of the employees shall fall in line and subscribe to tantrums of the management without any protest, even if their rights are violated. They shall prefer to suffer in silence.

Relieving letter is issued post all settlements and signifies employee is no more employed with the company and nothing is due against the employee.

Acceptances of resignation, last salary slip, FNF statement, acknowledgment of handover of charge, work experience certificate/service certificate and termination letter, also signifies that employee is no more employed with the company. If employee has evidence that he does not owe anything/any amount to company that implies nothing is due. In case of contract the one that has outstanding towards another is the one who shall raise the claim.

You may submit a statement of payables by you, payables to you and conclude that nothing is pending at your end and rather company owes you the monies and its conduct is bad, unfair, coercive, and even illegal.

You may explain the whole situation to current employer and provide copies of acceptance of resignation and other docs and dues bank has to pay to you. The current employer may agree to settle the matter by asking you to sign an affidavit/indemnity mentioning that you are not employed elsewhere.

If bank has supplied any damaging communication to your current employer you may apply your skills, goodwill and resources and sue the bank. You can claim that bank is all out to murder your employability and source of livelihood.

Apparently the charge of abscondment is leveled to deny FNF settlement, notice pay, payment of dues to you, and reliving. Probably your reply to the show cause notice was not sufficient to deter the company officials. The question arises what decision is passed by the company, and inserted into your personnel file? Most likely it is termination.

However has the company supplied the decision to you?

Such companies and such company personnel take advantage of the fact that majority of the employees do not agitate, do not proceed to book them for trial, can be subdued, are ill informed and hence shall plead for mercy.

Even if some employee agitates it shall be a civil suite without any scope for imprisonment and without any much damage to the company.

IN case of a properly informed employee company steps back.

You have posted that:

--“This is a bank & registered.”

Banks are covered under SE Act.

You may look into SE Act applicable to your state; which may be available at Dept. of labor website of your state/SE Inspectorate or you may buy from market.

e.g.

SE Act Delhi:

1.      Definitions. premises in which

 (5)  “commercial establishment” means………premises in which

business of banking,

30. Notice of Dismissal.—(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:

Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges alleged against him in writing.

Bank has charged you for abscondment which is misconduct.

It is time for you to act.

If bank has given an opportunity for explanation to you and has decided that explanation given by you is inadequate, unsatisfactory, unjustified and hence charges against you are proved then bank might have awarded a punishment and might terminated your service.

Has the bank supplied you any communication confirming its decision?

Bank must have inserted the decision and action taken into your personnel file.

You must request the good office of your appointing authority to allow you to examine your personnel file being maintained at its HO on dated…….at time…..{ mention as suitable to you} and request the good offices to communicate to you the reason of separation updated by it in its records with  a copy in your personnel file, and supply you a certified copy to it

You may not forget to mention that you have duly replied to the show cause notice although your resignation was accepted, charge was taken from you, and you have remained in touch with company { narrate all representations date wise…..by email, phone, in person}.Thus you may also cover any deficiency of shortcoming in your reply to show cause notice.

If bank has supplied the reason and decision to you, you need to contest it.

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, and let your lawyer structure your representations.

You may prove that this action of the bank is misconduct on the part of bank thru its competent personnel who were in line of communication with you, hence bank is a party. Now instead of treating them as honorable/respected/revered individuals occupying a chair in good offices of the company you may treat them as good for nothing crap littering nuisance in not only in corporate place but in society and our republic, terrorizing and coercing citizens of the country with their adamant and recalcitrant mindset and attitude.

If you are able to prove and drill sense into the heads the good offices may provide you relief sensing that company is on weak foot.

Charge the offending officials by name and pull them out of comfort and coziness of their office to your location and let them sit on the bench and stand in the corridors of the o/o lawful authority.

In many of the cases such officials later find themselves on the exit door.

(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.

You have tendered notice and you have affirmed to tendered notice pay which is longer than at least the notice expressed in the SE Act.

You can approach the Inspector which may be ALC at your location.

33. Records.

COMMENTS

(a) Particulars and forms of the records required to be maintained under section 33

The register of employment and wages is required to be kept in Form ‘G’ duly bound and

pages serially numbered.

(d) Can an Inspector require an employer to produce the  record in his office for

inspection?

You may also try and obtain the record from Inspector.

Lodge your complaint in writing and peruse thru RTI route to move the lawful authority

Banks have their standing Orders. Obtain a copy. The action of the company might be violative of its own standing orders. Employer is duty bound to exhibit standing orders on notice board, near entrance and supply a copy to employee against a nominal charge of sat Rs.10/-

Your lawyer may affirm that despite your designation you fall within the category of workman.

Your lawyer may opine that company may plead on Specific relief Act however may not succeed.

You need a smart and competent lawyer.

---“Yes, company has accepted the resignation.”

“I have handed over the entire process to next officer who was officially taken the role and I have the acknowledgement also.”

“They did not decline. “     “Yes, leave was approved and they told me to extend the notice period.”

 “"My company didn’t agree with this.” Did the company decline in writing? What was the reason quoted by it?" - replied over mail”

What was replied over by mail????

---“Yes mentioned in offer letter, also mentioned its sole discretion”.

The clause is dominance and does not promote equality. Having expressed the penalty of notice pay in lieu of notice the company has ended the possibility of any debate/dialogue/deliberation/speculation/guess etc…….

Has the company ever communicated any other penalty to be born by you towards any kind of loss accrued by it due to your notice/resignation /leave etc….???? If no nothing is left to deliberate. There is no other penalty desired by company and matter is clear.

---“"What is the rate of notice pay: Basic+ DA/Gross/CTC?" – CTC”

You may remain firm on Basic + DA. Let these individuals charged by you explain and quote the concerned law of the land vide which it can be CTC. Your lawyer may provide judgments by court of law that it is Basic+DA.

Has the company included Gratuity also in CTC? If yes, then even if you have not completed 5 years of service you may lay your claim to payment of gratuity by the formulae of calculation of gratuity {without any tax implication on you. You may agree if company agrees to pay in the shape of tax free Ex. Gracia}.

You may remain firm on other perks as explained in CTC sheet. If you remain firm you shall succeed.

--“Now they are saying I have absconded - is that right?”

To the best of understanding and logic they are wrong? The one who has declared you absconding should be charged by name, by you.

The company personnel in responsible positions should behave and operate sensibly and should stand up and tell the owners/promoters/directors/managers that the ….policy/decision/rule is wrong/unlawful/arbitrary/illogical/bad/unfair and refuse to execute and implement such decisions. They should not execute unlawful, unfair, bad decisions and must not step on the toes of employee.

In your case employer being in dominant position is stepping on your toes.

Unfortunately majority of the times in majority of the companies, majority of the personnel in line management/HR/legal are happy to become puppet and executioners of the orders of their masters. Majority of the time they suggest cunning, suppressive methods.  

---Company had your replacement and that is why it designated another officer to take charge from you. Company has no objection to leave that is why it passed your leave {it had installed your replacement also}. The whole drama seems to be deny FNF and block payouts and show savings to company and thus create a show of adamancy, recalcitrance, wickedness……. . Charge this HR/Line management by name.

Having accepted your resignation how can they declare you absconding?

You may fine tune your representations as suitable to you.

Thank you very much for the details explanation.

As I said earlier, they have sent the termination letter also (effective date so on so) which is post my new employer's DOJ. Also mentioned in the letter that I have been absconded without any information. Now Im in deep trouble. Moreover, they have charged loss of pay & notice pay recovery both for same period in settlement calculation.

“"My company didn’t agree with this.” Did the company decline in writing? What was the reason quoted by it?" - replied over mail” What was replied over by mail????" - They have mentioned that they will relieve me only if I serve full notice period. There are many instances where employee left just paying the money as they were higher level employee. But I dont know why such exception for me.

Could I expect some help from you as I am not much familiar with the city and I dont know who to find a smart, efficient, expert lawyer.

If you wish the avail the services of LCI lawyer you conduct search at following link:

https://www.lawyersclubindia.com/lawyers_search/#.UM8VE_LZ1JI

You are at which location?

Enter the location, and Specialization “Labor and Service Law’ and you can see and access the listed lawyers.

Your family, near and dear ones, acquaintances can also guide you to a competent and experienced labor consultant, service lawyer.

I have sent you a PM where I have mentioned the location. I wanted to keep it confidential.

Model Standing Orders:

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

Regret there was no mention of termination letter in your post.

Your next employer may be satisfied with service certificate.

Is the date of termination after the date of joining duties with new employer? If yes then during the interim period you might have landed up with dual employment.

You may contest the order of termination. The termination order may chase and haunt you e.g. in case of reference check, overseas assignment, visa etc….

If company has terminated then why should it deduct notice pay?

Loss of pay might be for period quoted as abscondment…….or unauthorized leave period.

Since you did not abscond and were in regular contact then you may not accept charge of abscondment and any penalty for it.

You may decline to accept FNF statement in writing and if company has transferred the payment in bank a/c you may declare it having received under protest, in writing under acknowledgment with a copy to you. This shall help you in future.

Company might have mentioned on the FNF statement that if no communication on the correctness of contents is received within a month FNF statement shall be deemed to having been found correct and accepted.

Raise your demand to let you examine your personnel file.

In your representations to good offices you may quote from Company’s employee policy, service rule book, standing orders, which are same for all employees as mentioned by you and according to which company has relieved other employees and thus cite indiscrimination. If there are other incidences like stinkers, foul mails, episodes, on record which are evidence for in discriminatory, vindictive, zealous approach towards you, and abuse of power and authority you may cite them.

Seek relief from good offices. If you can drill sense you may get relief.

If good offices also do not provide any relief you may agitate in appropriate forum.

Looking into your profile, KRA’s, duties, your lawyer may opine that you fall within the category of workman. Ask your lawyer about merits under Specific relief Act also.

There is nothing wrong in seeking opinion from a competent lawyer. You can proceed as per advice of your lawyer andmerits of your case.

Kindly proceed as deemed fit.

Hi eveyone,

I ve a question here. I m working for a BPO and I'm not feeling well and according to my doctors, they suggest me not to work in night shift and I'm as well not able to work in nights. Can I leave the job without serving notice period on medical grounds and still get my relieving letter. I would appreciate an reply and suggestion from u people.

Thanks

MK

Have you approached a lawyer?

You have posted that:

------‘ Yes, company has accepted the resignation.”

“they have sent the termination letter also “

Both the actions can not be possible.

-----“ they have sent absconding letter.’

Abscondment may be defined: desertion as breach/repudiation of contract, or dismissal of employee by employee himself.

You and all affected Employees should challenge it and charge these HR personnel by name.

All affected employee(s) should strongly defend themselves and refute the contentions of the company alleging that they have absconded !!!!!!

All employees should highlight that they have properly resigned by supplying one month long notice of resignation and serving the notice of resignation as per notice chosen to be given by employee. One month of notice is more than sufficient for the employer to put his house in order. 


Is this company defending the borders of the nation that it has the powers vested in it like Supreme Commanders of the nation to decline to accept the resignation, order to be present on duty and declare employee a PO???????

-----‘ they have charged loss of pay & notice pay recovery both for same period in settlement calculation.”

If leave was sanctioned then how can it be treated on LOP.

If leave is adjusted on LOP then why the notice period pay is also deducted?

Company has to encash the paid leave and compute in FNF statement/settlement.

You need to ask these questions. If good offices of appointing authority, MD do not provide relief then you need to approach state and court of law.

Your lawyer may opine that you can lodge a criminal complaint under Sec 406……

SE Act of Tamilnadu ( which does not indiscriminate between workman and non workman and is applicable to all employees) is available at:

https://www.sircoficai.org/download/John%20Moris/2-Shops%20and%20Estabilishment%20act-%20Seminar.pdf

36.  Deductions for absence from duty

41.  Notice of dismissal

1)  No employer shall dispense with the services of a person

employed continuously for a period of not less than 6 months, except for a

reasonable cause and without giving such person at least 1 months notice

or wages in lieu of such notice ,provided however, that such notice shall

not be necessary where the services of such person are dispensed with on

a charge of misconduct supported by satisfactory evidence recorded at an

enquiry held for the purpose

Has the company conducted any inquiry???????//

43.  Powers and duties of Inspectors

You may go thru it.

-----Does the bank has its certified standing orders, service conditions and service rules?

Employer should display standing orders on notice board and also supply to employee against nominal charges say Rs.10/-

Employee or any one can obtain certified copy from certifying authority which may be Dy. Labor Commissioner at location of redg. office of the company.

You may obtain certified copy of the standing orders.

e.g.;

It is described under IESO Act on Dept. of Labor website of state of Delhi too. “22. A copy of thestanding orders shall be supplied to a workman on application, onpayment of a reasonable price. A trade union in the establishment will,however, be entitled to the free supply of a copy of the standingorders, provided the union is one which is recognised by the employer. “ “8. Theregister required to be maintained by section 8 of the Act shall be inForm III and shall be properly bound and the Certifying Officer shall furnish a copy of standing orders approved for an industrialestablishment to any person applying therefor on payment of a fee 3 calculated at the following rates per copy: (i) for the first two hundred words or less seventy-five paise; (ii) for every additional one hundred words or fraction thereof thirty-seven paise: “ 

Abscondment is misconduct.

“Supreme Court……………. held that the misconducts mentioned in the standing orders were exhaustive and a workman could not be punished for an act or omission which was not described as a misconduct in the standing orders.”

Glaxo Laboratories vs. P.O. Labour Court, Meerut & Others

Thus if you have not absconded and abscondment is not a misconduct as stated in certified standing orders company can not terminate on this ground.

There are some other interesting threads initiated by employees. You may go thru these.

https://www.lawyersclubindia.com/forum/Voluntary-abandonment-of-services-80471.asp#.UZTuYqKAqWM

https://www.lawyersclubindia.com/experts/Employer-not-releasing-relieving-fnf-dues-389291.asp#.UZTu06KAqWM

You can agitate at your last location in company, location of redg. office of the company, or location of jurisdictional courts as stated in appointment letter issued to you.

You may approach your lawyer.

Hello Sir,Thanks for all your suggession and information. I have filed a complaint in Labour commission (Central) against the organization but still now no response. On the other side my present employer is asking for previous employer relieving letter otherwise they may take any decision.

The relieving letter signifies that employee is no more in employment, nothing is due against the employee and employee has been properly relieved by the company.

The FNF statement issued to you vide which company has adjusted leave on LOP, notice pay, should signify that all dues have been adjusted by company, nothing is due and employee is no more employed with the company.

If company asked to extend the notice period by the number of days and you did not company has treated the period as leave on LOP, and adjusted notice period also for this period, hence no more charges are due.

If company has shown some amounts as payable by you in FNF statement and you have paid, nothing is due.

If as per FNF Statement Company owes monies to you company may be charged.

The unpaid wages may be treated as debt on employer.

If you are about to loose your current employment/source of livelihood due to non issuance of relieving letter by past employer, you should shout on the top of your voice and demand it from Bank at once.

Your lawyer may opine that you can file a criminal complaint against the concerned HR personnel, line managers, MD, appointing authority. Yu have to build some pressure and make them realize that they shall have to leave the coziness of their office and stand in Thaana’s, courts in person………..and show their face, and mere presence by their lawyer shall not suffice…………

If you are in hurry you need to take actions which shall make them rush.

The copy of resignation letter submitted by you and acceptance of resignation letter should signify that you have resigned, last salary slip, FNF statement should signify that you have separated and nothing is due against you and employee is no more employed with the company.

 The termination letter last salary slip, FNF statement should signify that you have separated and nothing is due against you and employee is no more employed with the company, and this should suffice for the current employer..

You need to convince current employer that you have separated from previous employer and you are no more employed with the company.

The current employer at the most may ask you to submit an affidavit, indemnity that you are not employed elsewhere.

You may settle the matter with current employer.

Approach your lawyer for needful advice on all issues, and let your lawyer (who has seen all of your docs and analyzed your inputs) opinion be final on all points discussed in this thread.

Dear All,

I am working as a software consultant in a MNC since 4 years before that I was permanent employe, Situation something like this I have joined this company in jan 2008 as a employe after some 2 years I have resigned coz of my marriage and shiffted to other city, But after three month company again aaproached me to work with them but they wanted to hire me as a consultant coz company does not have other branches in other cities and for company some rules they hired me as a consultant and gave me work from home. Every month I submit my invoice then after deduction of 10% less TSD my salary credits on my account. As a consultant I am not getting salary slip but I have my all form16 and my contract letters.

Now I want to change my job but I am facing some problem coz most of the HR does not know that what is consultant status, It is very difficult to explain them, they considered me as a contract to Hire. And second thing my company telling me that as a consultant we will not give you reliving letter and any of the document from company. I am in very bad situation I don't know what to do, other Companies not considering me even for interview also coz they do not understand.

Please suggest me how can I explain this situation to them.

Thanks in advance

@ Tony

Initiate a new thread.

The companies are looking for experience in relevant field for which it wants to hire.

It is wrong to presume that HR/Recruiters are not aware of the practice of engaging’ Consultants’.

There was no relationship of Employer-Employee when you were Consultant.

You were paid your charges on production of Invoice.

You may request the company to issue a certificate narrating the period of engagement and nature of work done by you for the company, and that the engagement was terminated by mutual consent on dated…………………and if conducive the payouts made to you with breakup for each month.