How to get relieving letter from ex employer if he denying
Querist :
Anonymous
(Querist) 07 July 2020
This query is : Resolved
I worked 8years and resigned one year ago . After serving notice period of 60days, Handing over all responsibilities to assigned representative, handing over Laptop,SIM and came out . Company has cleared F&F and Gratuity but he is not providing Relieving letter. My current employer asking for relieving letter else not able to take into system. Please advise the way how to get Relieving letter from employer.
Rajendra K Goyal
(Expert) 07 July 2020
Why he is not giving relieving letter?
Try to satisfy your present employer with F & F forwarding memo, other correspondence if any.
Write again to your previous employer for sending relieving letter.
Write to higher officials of the company.
You can file case after sending legal notice but this would be time and cost consuming, should be adopted as last avenue, not recommended at this stage..
Dr J C Vashista
(Expert) 08 July 2020
There must be any valid reason to deny experience letter when F& F has been made, which you are concealing.
However, issue legal notice to ex-employer followed by suit for mandatory injunction.
Querist :
Anonymous
(Querist) 08 July 2020
Dear Sir
At the time of leaving company they given one letter to sign that was basically agreement that you will not join Competition which was not signed by me. So he has taken the same into their EGO and they don't want me to work in any such company who may be their competitors for today or tomorrow. I have experience of 12 years in same field so obviously will try in same Industry. In this case Director itself involved and they will not provide in normal request because it's already done . Need legal suggestions.
Dr J C Vashista
(Expert) 08 July 2020
It is not their ego but you have violated your undertaking by joining their business competitor.
Accordingly your ex-employer shall not issue any experience certificate.
Querist :
Anonymous
(Querist) 08 July 2020
Dear Sir
First time seen that at the time of leaving any company signing agreement to not join any competition. Anyway they cleared my F&F , Gratuity if it was violated they must have hold these all.
By their actions I have to be unemployed for lifetime or need to start life again. There is no means to work 8 dedicated years.
I am not asking for any experience letter. Only need relieving letter/NOC from them. Are they not bound to do so.
Please advise how it can be because it's matter of my career and future of my family.
Rajendra K Goyal
(Expert) 08 July 2020
Sometime companies pressurize their senior employees / managers not to join any competitors for some time (say 1-2 years) after resignation. Sometime such undertaking is taken at the time of joining.
Pressurize not to join any competitors / similar concern for life is not justified / should be challenged.
This is against the market environment.
If they are not agreeing, taking legal steps is the way left. Discuss with local lawyer.
