company not giving relieving letter/experience letter
Querist :
Anonymous
(Querist) 23 March 2011
This query is : Resolved
Dear Experts,
It is with great hope and anticipation that I write to you for advice on getting my relieving letter/experience letter.
I had left my last job of two years on an urgent basis due to some family emergency. I did give in my resignation letter to my then Team Leader, but did not serve the notice period. Upon enquiring about it at a later date through telephone,he said it had been accepted.
Now, I am looking to get back into the work force after a gap of two years.I got an offer from a company but I am required to furnish my relivieng letter. Upon enquiring with the H.R department of my previous company, I was made aware that my resignation was not accepted and that I had been marked as absconding and eventually reminated. However on my offering to pay the company back the amount
for not serving the notice period, they did sound interested and kept me running pillar to post regarding the amount to be paid back.
Now, they tell me that it is against company policy to give me the relieving or experience letter. Please suggest me on hoe to proceed with this.
Thanks and Regards
malipeddi jaggarao
(Expert) 23 March 2011
Since you have not served the notice before resignation and also not pursued about the acceptance of your resignation for two years, you do not have any alternative except the following:
a) Pursue with the old company and settle the matter amicably.
b) Convince the new company to allow you without relieving letter of the previous one.
Guest
(Expert) 23 March 2011
Did your last company give you in writing that to give relieving order or experience letter was against the policy of the company?
Probably, you had been pursuing the matter verbally and the company would also have replied you verbally only.
You have also not mentioned whether the company has accepted the amount in lieu of notice period or not.
Termination can also not be made ex-parte on absenteeism. You would have been served with a show cause notice about your being absent without permission and the intention of your company to take disciplinary action against you or to terminate you.
So, you may better start making correspondence with the company, if youhave been pursuing the matter verbally and want experience certificate. But, mind it, the company may also give you some bad experience certificate on account of your having left the company without taking the company in to confidence due to non-serving of a notice, as the work of the company would have suffered due to your sudden absence. That may therefore prove harmful to your interest in getting any future service, as that may give bad impression about you.
Querist :
Anonymous
(Querist) 23 March 2011
Dear Sirs,
Thank you for your replies.
My last company has not given anything in writing about the non issuance of relieving/experience being a part of the company policy.
They did acknowledge that the amount would be acceptable, but after a week of telling me that they were calculating the total amount, I was informed that, since the termination letter had already been issued they will not be able to settle the amount.(I assume the full and final payment to be made to me was more than what the company would get back from me, because as per the company policy I was to serve a two week notice period and since the billing cycle was 26th of every month,I had left on the 10th the following month and also had enough leave balance that could be adjusted).
Furthermore, I did not recieve the termination letter which they claim to have sent to me and upon requesting for a duplicate copy of the same, they are again making me wait citing petty reasons as the scanner is not working, the database has to be searched as it is an old case and so on.
I am really getting frustrated with all these and would really pray for your guidance and advice on the best way to approach this.
Thank you
