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Pavan Kumar Reddy (Law Student)     10 October 2014

Issuing relieving letter for former employee

Greetings!!

I had earlier worked with a company and had to resign due to personal reasons. I have sent an resignation email and didn't serve the notice period as per the company policies.Later i have joined another company which was not really bothered about my previous experience/relieving letter and continued working there for 2 years.

Now i have good oppurtunity at top MNC with which am through with all round and awaiting on offer, provided if i submit all the relieving letters of the companies i worked with to their portal for Background Verification.

I have approached my previous company for relieving letter, they are unlikely not doing me any favour as their records say i have absconded without serving notice and would lead to a police case and they are not going to such extent keeping my career in mind, however doesn't give me any clarity on with what letter they will provide me if not relieving letter.

Other side i will have to upload this pending relieving letter to the new company i would join asap.

Please help me what could i do now  to pull me out from this and then join new company with no issues :)

Awaiting on your experts reply, also please reach me on below number.

Regards,

Pavan Kumar Reddy

9739276428



Learning

 8 Replies

Kumar Doab (FIN)     12 October 2014

Have you recorded the statement of the company posted by you (audio/visual)?

Did the company issue and supply  FnF statement to you showing recovery of notice pay from payables to you and release your FnF wages?

Did you ever demand your payment of FnF dues?

Is it stated in appointment letter issued to you that notice pay in lieu of notice pay can be tendered by employer and employee?

 

 Did the company issue any notice/show cause notice to you by effective mode of communication e.g  Redg. post/email etc to join duty or you shall be declared absconding?

You have submitted resignation and you have not absconded. Thus there is no police/criminal case against you.

It is illegal to give false/bad job reference.

Absconder is a derogatory word!

The moment employee has tendered resignation employee has ended employer-employee relationship.

 

https://www.lawyersclubindia.com/forum/Can-i-send-legal-notice-to-my-employer-108857.asp#.VDqa_meSwb9

 

https://www.lawyersclubindia.com/forum/Nasscom-list-for-no-show-candidates-clarity-prevention--110210.asp#.VDqZBWeSwb8

https://www.lawyersclubindia.com/forum/details.asp?mod_id=109520&offset=2

 

 

It shall be appropriate to show the job advt., interview call letter, selection/offer letter, appointment letter, HR policy/Service Rules and Regulations stated in appointment letter, FnF statement etc to an able Labor Law Consultant/Service Lawyer and proceed under the expert advice of the lawyer.

1 Like

Adv k . mahesh (advocate)     13 October 2014

go personally to the previous company and talk to them personally for the relieving letter as the issue is very old do not make a issue in the new company which will spoil the prospects 

1 Like

Pavan Kumar Reddy (Law Student)     14 October 2014

Hi Kumar & Mahesh.

I am very thankful for your responses.

Have again approached and requested to do the the possible needful, manager over there simply ignores me or tells his HR to come meet tomorrow . I have waited long enough, he passes by and doesn't show any intrest in talking or discuss.

Agreed to him in first visit, yes i admit the mistake and will make sure not to get into these troubles again, however i had personal problems to answer them when i left.

Please advise me what can i do peacefully and as per rules what letter they could provide me which will atleast tell my new employer that my experience is genuine.

Awaiting on your replies with big open wide eyes which will solve this issue.

Regards,

Pavan

9739276428.

 

Selvam (Business Development)     14 October 2014

Dear Mr. Pavan,

Go through your appointment order and understand the notice period clause, you straight away go with the notice period amount vide Cheque or DD favoring to the company with the covering letter and get the receipt.

Because the voluntarily breach of relationship between the employer and employee stands on the notice period of service or notice period amount in lieu of, as mutually agreed.

With regards

P. Selvam

 

Kumar Doab (FIN)     14 October 2014

Is it stated in appointment letter, HR policy etc that notice pay can be adjusted in Payouts/FNF?

Narrate all representations made so far and build written record.

Seek help from your Labor Law Consultant/Service lawyer/Trade Unions Leaders!

It is almost certain that due to internal policies of the employer for the HR you have been declared 'Absconder' in internal records without any intimation to you, and whatever you may do, including tendering notice pay, you shall not get proper relieving letter and during BGV you shall get negative/adverse comments.

Pavan Kumar Reddy (Law Student)     15 October 2014

Hi Experts,

I am completely stuck with above i posted originally. I have gone personally and made all attempts to convince to provide me a relieving letter. I was given two options.

1. Letter written by the manger on company letter pad that i have voilated the policies and havent served notice period, also Legal Action is pending on the candidate. This letter will no way help me to submit at the new MNC i got the job.

2. He asked to rejoin the company and work for another year so that he will relieve me smoothly will all proper relieving letters for all the years.

Am not ready to re-join instead would want to know what i have violated and am ready to compensate, he is not showing any interest in taking the pay towards notice period.

Am i all left with in approaching legally and ask for the relieving letter.I have email communication on my resignation. But he says its been recorded absconded in their records.

Also i have come to conclusion my offer will expire with the new MNC as they have already been calling me to speed up in providing the letters and cannot wait anymore longer,its already been a week.

Am not sure of the company HR polices either,which manager is declining to share and my offer letter is very generic that i accept all the terms and conditions of the company policies.There is nothing in detail in my offer.

Pleaseeeeeee help me with what best i can do from this point.

Regards,

Pavan.

9739276428

Pavan Kumar Reddy (Law Student)     21 October 2014

Hi ,

I got a notice from the previous employer after close to 2 years asking me to come back and serve notice period, otherwise will be noted in the company records that i have absconded.

Company is troubling me enough after all the attempts i made to get the relieving as explained in all above posts.

I have attached the letter with this.Please help me what can i do to not to work and get my relieving letter or any minimal letter that says i had worked in the company...since i would need to show my new company my experience i have put up in my resume is genuine.

Also please suggest good service laywer i should meet to resolve this issue.

Regards,

Pavan Reddy.


Attached File : 748276054 img 20141021 141331582 hdr.jpg downloaded: 127 times

Kumar Doab (FIN)     21 October 2014

Service Certificate has to be issued to all employees.

The company has stated that you have not completed exit formalities.........................in the extract that you have attached it is not stated that you shall have to serve the company for another 1 year.........................................as stated by you in your post.

 

You have stated that you have resigned and you have mail communications on your resignation.

If you have submitted that you have resigned in emails then you have not absconded.

You may affirm to tender notice period in lieu of notice period.

If some HR policies have been referred to in offer/appointment letter then these policies have also to be supplied along with offer/appointment letter.

You may also go thru; Model Standing Orders: Sec16

You may approach your Labor Law Consultant/Service lawyer/Trade Unions Leaders/employee's union leaders and show them the emails that you have exchanged, policies referred to in employment letter, emails sent by manager and full letter attached by you and submit a fitting reply and mention that NO Tasks were pending at your end...................  


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