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Reliving letter

(Querist) 14 June 2016 This query is : Resolved 
Dear All,

I have one query regarding Reliving letter. I have associated with Ltd Company and i had putted my Resignation letter and it approved from all level. I left organisation in 7 days and company had charge me Notice pay amount Rs.10,000/- in F&F. I had paid that amount. but company still not issuing me reliving letter and i ask HR they said, Company can't accede request for reliving letter who left organisation in Short notice. Please let me know if there is any law to get my reliving letter from my old organisation.

Thanks
Kumar Doab (Expert) 14 June 2016
Did you ask HR personnel in writing?

Did HR personnel reply in writing?


Is the view of HR personnel in line with T&C inserted by employer in any rules/policy mentioned in appointment letter and has HR personnel made reference
with clause number to such rule/policy.



Do you have copy of resignation and its approval at all levels, and also FnF statement showing adjustment of notice pay?

Do you have copy of handover of charge/assets, NOC/NDC etc?


Relieving letter signifies that employee has separated and nothing is due against employee!

It is customary to produce it for next employment.




Rajendra K Goyal (Expert) 14 June 2016
Author need to reply the questions / provide the information sought by the expert for proper advice.
Prasad Joshi (Querist) 14 June 2016
Yes, I ask to HR in Personnel.

and HR Replied me in My personnel Mail ID.

Only thing mention in Appointment letter that associate has to serve 2 month Notice Period.

In HR reply there is no reference regarding any company clause.

I have Hard copy of Resignation acceptance with My manager sign, My HOD Sign and HR Head Sign. and HR has given me intimation letter that indicate i have to serve 2 month notice.

I have F&F Payslip with me that shows deduction of Rs.9,865/- against Notice Pay.

I have Mail form My Manager that indicate, I don't have company asset with me. and Handover all my responsibility to other Associate.

Please advice me.
Thanks.
Kumar Doab (Expert) 14 June 2016
>>> You have posted that:


"In HR reply there is no reference regarding any company clause."


You have not posted that " Do you have copy of all rules/policy mentioned in appointment letter"


If you have then is it mentioned in any of the rule/policy that if employee does not serve notice period ( and if tenders notice pay/ OR employer adjusts notice pay) the relieving letter shall not be issued.( And/or adverse comments shall be posted in personnel file/relieving letter)?





>>> You may write on the same email trail to HR personnel ( attach copies of all the docs mentioned in your last post) ask to supply the published policy that shows relieving letter shall not be issued to you.....................and remind that you have properly notified the employer about separation with due notice of.................days, have handed over the charge, and employer has adjusted the notice pay in FnF statement and mention all awards/rewards, incentives,appreciations, mementos,trophies.certificates of performance etc and never any stinker/show cause notice was issued to you and request to issue and supply the relieving letter with positive comments and mention the commendations in it.

You may also request to allow you to examine the personnel file lying at HO with HR.





>>> While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on termination/resignation,Notice pay in lieu of notice period,payment of wages etc


What is your designation and nature of duties in appointment letter and on record/ in practice?


You were in which state ?


What is this establishment; Commercial/Industrial ( Trade e.g. IT company)?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?



Did you get I.Card, Visiting card,salary slips of all months, FnF statement,PF a/c number and a/c slips, ESIC card,Form16, acknowledgment of resignation, acceptance/declinature, service certificate,relieving letter, etc?


You have worked for how many months?
Devajyoti Barman (Expert) 15 June 2016
agree with experts.


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