Non issuance of relieving letter
sagar
(Querist) 05 February 2015
This query is : Resolved
Hi, I was resigned on 15th August,2014 from the post of Assistant Manager Accounts. But the last working day was 2nd Oct,2014. Till the time I have not received the relieving letter from the pvt ltd company. What to do? Pls explain.. Sagar K.
Kumar Doab
(Expert) 05 February 2015
Relieving letter signifies employee has resigned and nothing is due towards employee......
Has the company issued/supplied acknowledgment of resignation, acceptance of resignation,FnF statement and payment of Fnf wages, Salary slips of all months,PF a/c number and a/c slips of all years,ESIC card,Form16,NOC/NDC,service certificate............if no demand everything.........if yes these can suffice as having been relieved.......
What is the reason being given for non issuance of relieving letter and any of above mentioned docs...?
Rajendra K Goyal
(Expert) 06 February 2015
Send reminders by registered post, emails and talk on telephone to send the letter immediately.
ajay sethi
(Expert) 06 February 2015
send reminders by email and personally follow it up with management
sagar
(Querist) 09 February 2015
Hi, Thanks to all. I have received the entire salary. PF form is also provided subject to submission to the PF Authority. HR has given the of non issuance that, HR has not received the F & F details from the Accounts. Accounts is not providing the valid reasons for the delay. Can I need to issue any legal notice through Advocate? Pls Guide.
Guest
(Expert) 09 February 2015
Congratulations for the good news.
About f&f, instead of legal notice, better continue for some time persuade the HR/Accounts departments by issue written reminders.
sagar
(Querist) 10 February 2015
OK, Thank you Sir.
Kumar Doab
(Expert) 12 February 2015
It is an old and rather obsolete technique to pass the buck from one dept/person to another and then maintain the studied silence.............
YOu may escalate to good offices of appointing authority,MD..........You can ask for damages/compensation.......even apology in writing....
You can issue legal notice.
However grant an opportunity and proceed further under expert advise of your counsel...
sagar
(Querist) 14 February 2015
Hi, Thanks Mr.Kumar. Now I got reply from the HR that, senior management has instructed to HR that, not to issue "Relieving Letter" on the ground that I had done some mistakes in the work performed during my tenure. So is it a valid ground to deny to issue letter? Please guide.
Kumar Doab
(Expert) 14 February 2015
If the reply of the HR is in writing then it is denial to issue the relieving letter........and the HR has transferred the onus on senior management (probably without mentioning the names/designation etc........and also without elaborating the date on which error was noted,what was the error,was any communication/show cause notice issued,was any reply given by you and was it accepted or declined....etc)......
Now it is your turn and time to carefully draft the narration of happenings till date...........covering on which date, what was the response by whom, and that no error was committed by you and no show cause notice was ever issued to you etc......and that your FnF amounts were paid on dated.......after due scrutiny and nothing was due to be performed by you..........and thus transfer the onus on each and everyone involved in the company and call the bluff of the company........and build favorable record in writing.........
Has the company supplied all documents mentioned in my first post...................and did you demand all of these in writing, under proper acknowledgment?
Your representations should preferably be drafted by your counsel........
Approach your counsel now!
sagar
(Querist) 18 February 2015
Hi, Thanks Mr.Kumar. I have received the reply through telephone and not in writing.
My date of joining was 16th December,2013. Probation period was completed after 3 months. Although I was not confirmed till the date of resignation (15/08/14). Last day of work was 2nd Oct,2014. Meanwhile I was approved the study leave of CA-Final till 26th Nov,2014. But the senior management has refused to join me again after the leave. Then after I have given a written intimation after reasonable period of 10 days that, likely to join office somewhere else.
I have not received any show cause for the mistakes was appeared at the time of service.
PF form submission is also pending from the company. What should be the further course of action? Pls Advice.
Kumar Doab
(Expert) 18 February 2015
>>> Joining After Approved leave: If the leave was approved, the company should have allowed to join!
Your counsel may opine that if you were not allowed to join then it may get termed as deemed 'Termination'......
If you had written some letter show it your counsel and your counsel may opine that it was the only resort and forced resignation amounting to deemed termination.
>>> PF; What exactly is the issue? The company has not submitted the PF forms for enrolling you as a member.......................or It has not attested the PF withdrawal/transfer forms and has not submitted to concerned PF office?
Declinature to attest PF forms is offence!
The PF forms are to be attested and submitted to PF office within 5 days of receipt and acknowledgment issued by PF office (for employee) is to be supplied to employee.
If your wages were within wage ceiling as per def. of PF wages then you were to be enrolled or company can be penalized!
In any case if your rights have been infringed upon you can lodge complaint thru RPFC (under proper acknowledgment) in nearest office.
Other than these have already been discussed.
YOu may show all docs on record to your able counsel in first interaction itself than in bits and pieces and without concealing anything and proceed further after understanding the options and remedies and merits...............under expert advise of your lawyer.
I have nothing more to add.
sagar
(Querist) 25 February 2015
Hi, Thanks Mr.Kumar for timely reply.
My PF withdrawal form is pending for submission to the PF Authority from the Employer.
Let me know the estimated legal fees that likely to be paid to advocate. Also how long this process will go on? and Prima facia under these circumstances whether can I get relieving letter surely? Pls advice.
Kumar Doab
(Expert) 25 February 2015
PF Withdrawal Forms:Already Explained that employer can't decline to attest the forms and if you have acknowledgment you can lodge complaint and demand to penalize.
Fee of Advocate/Time taken etc: The advocate consulted by you in person with all docs on record can comment.
I have nothing more to add.
You may wait for more posts by other members/experts.
sagar
(Querist) 04 March 2015
Thanks a lot
