Relieving letter and service certificate
gautam
(Querist) 27 February 2015
This query is : Resolved
Dear Sir,
please suggest , i have drop resignation to my current organisation as per policy i should have to give 3 month notice period or one month notice period and in shortage of notice period employee need to pay gross salary to company.
I am ready with my second choice of giving 2 month gross sallary to company but company is not ready and if I dont serve for 3 months they wont release my relieving letter and service certificate. Please suggest me what can i do in this scenario.
gautam
(Querist) 27 February 2015
I have already given my resignation with 1 month notice period.
Guest
(Expert) 27 February 2015
Terms of your appointment can be the best guide for you, which you may refer.
P. Venu 
(Expert) 28 February 2015
REleving letter and service certificate have no legal nexus to the adequacy or inadequacy of notice given.
Rajendra K Goyal
(Expert) 28 February 2015
Your service conditions and terms of appointment has to be followed.
malipeddi jaggarao
(Expert) 28 February 2015
Look into the terms of appointment letter. Some companies do not follow their own terms. What is the reason that they are not relieving you? they need not pay any pending salary, so financial implication. You have a talk to HR, show the terms, give a letter and ask for his acknowledgement. If you need not submit your relieving letter to your prospective employer, better handover the papers to HR and get out of the company.
Kumar Doab
(Expert) 28 February 2015
You must show appointment letter, HR policy/service Rules and regulations mentioned in appointment letter, standing orders (certified/model) applicable to establishment/you to an able Labor Law Consultant/Service Matters Lawyer………………
Employer can not breach service conditions drafted by it and signed with employee………….however the lawyer that has examined each clause verbatim…………………can interpret and opine best and can advise the merits and remedies to you.
Service Certificate has to be given to all employees.
Relieving letter signifies that nothing is pending at the end of employee e.g. Handover of charge, amounts payable if any…………….
Since Relieving letter is usually mentioned in service related documents e.g. appointment letter,exit policy,FnF policy,HR policy, Employee handbook ………………..etc and is a pre requisite to provide appointment thus employability of an employee claim to relieving letter can be laid.
Does this employer demand relieving letter from incoming employees? If yes how can adopt dual standards, vindictive/zealous stand by declining to supply relieving letter!!!!
1. You must write in notice of resignation/resignation,subsequent communications addressed to good offices of appointing authority/MD………… (of course under proper acknowledgment) that NO tasks are pending at your end, …………………………….you have tendered notice of resignation of ………days as per clause no:……………in appointment letter dated ……………issued to you………………and your LWD shall be dated…………notice pay of ……………days be adjusted in FnF statement and original be supplied for verification and acceptance to you………….routine duties be assigned that can be completed on daily basis within and upto LWD i.e. dated………………………….and to whom you should handover the charge within and upto LWD i.e. dated………………………….against acknowledgment on the spot and necessary arrangements be made to ensure that all exit formalities be completed within and upto LWD i.e. dated………………………….and acceptance of resignation, service certificate, relieving letter,FnF statement,payment of FnF wages by bank DD,Form16 as per correct FnF statement,,NOC/NDC, etc be supplied to you within and upto LWD i.e. dated………………………….
2. Notice Period of 90 days may not be necessarily applicable as it being service condition might be governed by various enactments e.g.
(Name of the state) Shops and Commercial establishments Act that was enacted to govern service conditions of employees working in establishments covered by the Act and as per the Act notice period is as per length of service period and you should look into the clause on notice period in the Act as it shall prevail upon the private agreement signed by employer with employee e.g. appointment letter/HR policy/service rules and regulations etc…….
Standing Orders (certified /Model); Standing orders are certified on the lines of Model Standing Orders and as per Sec;13;;;;Notice Period during probation Period is NIL and after confirmation of service is 30 days…….. Standing Orders being instrument of law/statue shall prevail upon the private agreement signed by employer with employee e.g. appointment letter/HR policy/service rules and regulations etc…….
Your lawyer may ask you a set of structured questions and may opine that you are covered by all of these enactments……..
