FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Upendra (ABC)     20 September 2011

[urgent]bad comments in relieving letter

Hi,

I need very urgent help on following:

My sister-in-law had been hired for a Company 12 months back. At the time of hiring, she had signed a bond of two years employment with security deposit of Rs. 40,000/. It has been mentioned in Offer letter that  if any party terminate the employment in two year, the securtiy deposits would not be returned back. Also it has been mentioned that notice period is 30 days.

Now after completing 11 months, She has resigned and servced Notice period for one month. But company was initially not ready for accepting resignation and hence was ready for furnishing relieving letter/exp. letter at any cost. But after we gave threat of legal action(as a last resort), they got ready to give relieving letter atleast.

But in relieving letter, they have put very bad comments about her and put a recommendation  that no other firm should hire her.

We are very tensed with this as this is ruing her career, could you please advice what possible action can be taken on this?



Learning

 5 Replies

jayant (legal)     20 September 2011

File a legal case against Director of the Company and HR deaprtment as per labour laws. But at the same time you will also understand that, you breach the bond even through you paid compensation amount. It is not negative point for you but positive point for you.

1 Like

Kumar Doab (FIN)     20 September 2011

Learned member/expert has given valuable advice. Kindly follow it.

You have mentioned in your post:

-"It has been mentioned in Offer letter that  if any party terminate the employment in two year, the security deposits would not be returned back." This is unfair. If the company terminates the employment then why should the security deposit of the employee, would not be returned back. However if the company has also deposited a security deposit with employee, and the condition is applied to company, then it is alright. However it is almost sure company did not deposit any security with employee.

-Company can not refuge to supply service certificate, mentioning full name, designation, department, location, tenure of the employee. This should have been sufficient for the employee. Relieving letter is different from service certificate and company can sit on it. F&F, service certificate, proper receipt of company property, a communication mentioning all tasks are completed, could have been sufficient.

-You should charge the promoters, MD, Head-HR, and personnel who has signed the relieving letter in their official and individual capacity, and send legal notice to their Off/Res address.

-You seem to have a good case. You can force them to print a retraction, beg apology in writing, and replace the relieving letter, and even refund the amount of security. Kindly approach your lawyer.

-Kindly post the results in the forum as it may be useful for many who visit the forum.

 

2 Like

Upendra (ABC)     20 September 2011

Hi Kumar Doab, Jayant,

Thank you very much for your valuable comments. However could you please advice some good advocate who can support me in this panic situation?

I stay in Thane(adjacent to Mumbai)

 

Thanks & Regards,

Upendra Singh

Kumar Doab (FIN)     20 September 2011

You can click on the profile and approach lawyers at the expert/member section.

You can also seek advice of your near and dear one at Thane.They should be able to guide you to a competent lawyer.

Democratic Indian (n/a)     21 September 2011

Originally posted by :Kumar Doab
" Relieving letter is different from service certificate
"

Could you please elaborate on the differences between these two. Just asking for my knowledge only.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query