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Reliving letter

(Querist) 25 August 2017 This query is : Resolved 
Hi Around 1 year back i resigned from my organisation and the notice period over there is 3 months. i served 45 days notice period and remaining 45 days will be settled by money they told me for next 45 days you have to give Rs 40300 to get the reliving letter, but i was not in a position to give money at that time , i told them that i will give money later when i have. In between i joined an organisation and told them i dont have relieving letter, they are ok with that so i joined , now i have money and i am ready to pay the full amount but HR team is saying your case is closed we can not give you reliving document...is this legal or is their any way that i can get my reliving letter, please help i dont wont to ruin my 3 year experience, i need to join new organisation on 31st Aug 2017 please help me.
Kumar Doab (Expert) 26 August 2017
Submit a gentle communication under proper acknowledgment and ask for the acknowledgment and acceptance of notice of resignation, service certificate, relieving letter, Form16 as per correct FnF statement,PF a/c number and slips of all years, salary slips of all months,ESIC card.....................

These can serve as good as Relieving letter also..........
Kumar Doab (Expert) 26 August 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation? ( Apparently NO)
What is notice period as per appointment letter/offer letter and what was notice period tendered by you? ( Noted;30days)
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Kumar Doab (Expert) 26 August 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation? ( Apparently NO)
What is notice period as per appointment letter/offer letter and what was notice period tendered by you? ( Noted;30days)
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Kumar Doab (Expert) 26 August 2017
The notice period of 90 days may not necessarily be applicable in your case............

You may also post ; Did you ask in writing to adjust notice pay in FnF statement?
Rajendra K Goyal (Expert) 27 August 2017
Send properly worded letter to provide you the experience and relieving letter.
nishant (Querist) 28 August 2017
This is an IT company in Bhopal(M.P) i was working as Sr Test engineer over there, i joined as Test engineer and after 1 and half year promoted as Sr Test engineer. I have successfully completed the Probation Period and working as a full time employee. My performance was very good , everyone is impressed with my work. Notice period is 90 days and i served 45 days . i have a mail from HR that for other 45 days you need to submit money . But i was not in a position at that time to submit money , now i have money and i already dropped a mail to HR team that i can pay money please provide me the Relieving Letter. But they are not ready to give the relieving letter to me . they are considering me as absconded employee. Please help me I do not want to ruin my carrier.
Kumar Doab (Expert) 28 August 2017
Dear LCI Querist @ Mr.Nisant,
You have not replied to all point, pointwise.
You have acted wisely by moving to next employer has getting absorbed without so called relieving letter.
The employee should have such basic wisdom, skill to mind and defend his/her interest.
Kumar Doab (Expert) 28 August 2017
In your trade; Relieving Letter is privately coined term by employers and attorneys of employers and it has become some kind of fashion to ask for it…………………and with some kind of right, which otherwise does not exist, but is made some kind of practice.

The enactments applicable and governing your trade so mention ‘Service Certificate’ and this should be supplied to all employees and there is mention of ‘Commedations’ (appreciations/awards/rewards/trophies/certificates etc ) in it BUT NO stinker or adverse comments.

Kumar Doab (Expert) 28 August 2017

In your last post you have added/posted another contentious issue raised by attorney’s of your past employer in HR i.e. ; Abscondment, and that your matter has been closed with this charge in their records and now for this reason the relieving letter is not to be issued.
Is it stated in writing by HR person?
HAS EMPLOYER ISSUED ANY WRITTEN COMMUNICATION DECLARING YOU AS ABSCONDING?

The earlier issue posted by you was on demand of notice pay in advance i.e without any FnF statement/settlement.

You have also posted about communications that place on record that your Notice/resignation has been received and acknowledged.

The communication from establishment under signatures of employer, appointing authority, CEO, MD, attornery’s of employer in HR/Admin/Legal cells so place on record that your notice of resignation has been tendered/supplied by you, received and processed by designated person of establishment, accepted and thereafter the attornery’s of employer in HR/Admin/Legal cells, have raised a demand on you to pay notice pay in advance without any FnF statement/settlement………………so as to arrive at any final amount payable by employer to employee or vice versa.

This communication do ALSO place on record that notice/resignation has been accepted and hence employee has not absconded.

If there was any amount payable by employee then employer could have proceeded to recover.
Having received, acknowledged and accepted resignation employer or IT’s attorneys cannot declare employee as absconding.
Kumar Doab (Expert) 28 August 2017

If you sated on record ( if at all you have written about it) that you have NO money to pay ( Notice pay) in advance if employer has maintained studied silence then it can be deemed acceptance of payment by as and when you have the money to pay.

This does not amount to abscondment or deemed say some kind of deemed abscondment.
The employer could have very well (having received and ALSO having accepted the resignation; in your case) supplied the FnF statement and all other docs (including service certificate, as already narrated in earlier posts) except relieving letter.

Hope you have the copy of Notice of resignation and Final resignation and its proof of delivery.
If yes, this is ALSO the 1st evidence that you (employee) has not separated by resignation and has absconded.

So the charge/allegation of abscondment is false, frivolous, flimsy, concocted, malafide, biased, defamatory, derogatory,…………….and damaging and intentional so as to cause hurt and damage employability….
Abscondment is otherwise also derogatory term…….
If in internal records employer has inserted Abscondment then willfully you are still kept as employee……..
Kumar Doab (Expert) 28 August 2017

If employee has resigned then employee has ended the employer-employee relationship, the moment employee has resigned.
If employee has resigned then employee has not absconded.

The establishment/employer is under obligation to issue/supply, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement (computing earned wages/OT/Bonus/Leave encashment/reimbursements/gratuity/performance bonus etc etc and adjustment of notice pay if any say; as per applicable/governing enactments……………..and final amount if any as applicable), Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………Service certificate, relieving letter etc etc
Service Certificate should be issued to all employees.
You may relate your matter with links mentioned below.
Relieving letter signifies employee has resigned and nothing is pending at employee’s end, nothing else.

The enactments applicable to your trade/establishment do not seem to lay down any T&C for relieving letter……..

It has been made a fashion by establishments to ask for Relieving letter.
Your current employer is neither liable nor concerned with dues if any………….if any …………with your past employer.


Kumar Doab (Expert) 28 August 2017

IT/ITeS/BPO/Call centers/KPO etc are covered by Shops & Estbs Act of the state that was enacted to govern the service conditions of the employees.

You may go thru

THE MADHYA PRADESH SHOPS &
ESTABLISHMENTS ACT, 1958
2(4,6,7,16,27),3,4
58. Notice of dismissal
http://www.lawsofindia.org/pdf/madhya_pradesh/1958/1958MP25.pdf
http://www.lawsofindia.org/pdf/madhya_pradesh/1958/1958MP25.pdf

If you are covered by the def. Of employee as in the Act then you may note that that Act does not lay down Notice period for employee.
It does lay down Notice period for employer and is max.30days depending upon length of service.
By equitable discretion the notice period for employee should also be same.
The contract of employment should promote equitable discretion Or it can be easily termed arbitrary.

As a test/Software engineer etc you might be covered by the def. of Workman as in the ID Act………………….
Rest it may also depend upon the nature of duties on the record.
The ID Act does not lay down notice period for employee.
If the state govt has not exempted IT industry from provisions of Standing Orders then these may apply to establishment.
You may check if standing orders were certified and your designation was covered and what was notice period inserted in the certified standing orders for your designation and other service conditions.
The standing orders shall prevail upon appointment letter and T&C inserted in appointment letter, being instrument of law.
The employer can not violate standing orders and can be personally held responsible and penalized for violation of standing orders. Employer is under obligation to display and supply certified copy even if against some nominal cost say; Rs10/-.
If standing orders were applicable and not certified then relate with Model Standing Orders;Sec13,16

MODEL STANDING ORDERS: 13,16,17…
http://www.labour.mp.gov.in/Default.aspx
http://www.labour.mp.gov.in/KnowledgeSharing/Public/AllDocuments.aspx?RecNo=0&DT=5

http://pblabour.gov.in/Content/documents/pdf/acts_rules/industrial_employment_standing_orders_rules.pdf

http://code.mp.gov.in/WriteReadData/Notification/Not_1961_Pdf_FN48_English.pdf

If standing orders were applicable and not certified then and if you are covered by the def. of Workman then if your service is confirmed in writing then the max. Notice period is 30days and if your service is confirmed in writing/ on record you are under probation period then the notice period is NIL………….

Being Statue The Model standing orders shall prevail upon appointment letter and T&C inserted in appointment letter.
The employer can not violate standing orders and can be personally held responsible and penalized for violation of standing orders.

You have not absconded.
You are at liberty to contest the charge, agitate on the false charge.
You can rightfully ask to supply all docs narrated in previous posts and affirm to pay as per CORRECT FnF statement.
You are at liberty to send notice pay (under protest; open and straight or in mellowed down tone) and agitate later to get refund later after having obtained all docs………..Add BGV report that you can collect from current employer with whom you are comfortable.

Kumar Doab (Expert) 28 August 2017

In your next post confirm: Did past employer tender BGV, reference check on you?

Did you transfer PF and it was successful?

Discuss in person with elders of your family, well wishers, competent and experienced colleagues, IT/ITeS/BPO/KPO/Call centers trade unions (there are many and have good job), Trade Unions, and a LOCAL very able counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record.....
Kumar Doab (Expert) 29 August 2017
If current HR person is unwilling and has shut down on you then you may approach good offices of appointing authority, MD,CEO.........in writing under proper acknowledgment.


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