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Krishnendu (Data analyst)     23 April 2014

Company not providing the relieving letter

Dear All,

Firstly I would like to describe the whole scenario.....

I was working a company for last 1 year but, due to unavoidable heath condition I had to leave the company.

Actually ,I formally resigned on Jan,2014 and was serving the notice period but body condition did not allowed me to serve the full notice period .The same has been informed to my Line Manager as well as HR department via email & verbally. Firstly, I requested them to reduce the notice period as I was suffering with Jaundice & Dr.advised me not to take outside food. As per HR request I have submitted all the relevant documents to get released.

It already passed 2 months, but now they are stating that they will not be providing the Relieving letter more over my 35 days salary has not been paid yet along with PF amount.

Please see the below details regarding the company norms:

In the appointment letter it has mentioned 1 calendar month notice period. I have served 21 days notice period.

Also mentioned, in unavoidable circumstances Leave can be availed of as on a normal business as usual even during notice period.

I had 20 days credit leaves, but in my case they are not ready to adjust my credit leaves.

I have requested several times to provide me the relieving letter, pending salary etc.But they are not supporting at all.

Please note I have sent so many emails regarding the status of my pending salary, relieving letter. But they have not replied any email or in written to me.

Please suggest me what should I do? It would be helpful for me if you advise me how to get my relieving letter with my pending salary.

Thank you so much in advance.

 

 Regards,

Krishnendu



Learning

 12 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 April 2014

apply sick leave and see let it be granted. Inform to them you will rejoin after curing the decease.

Kumar Doab (FIN)     23 April 2014

Agreed with Mr. Ramachary. You would need another medical certificate from your doctor till date for applying for sick leave!

Then get approval and resume duty to serve shortfall in notice period and get relieved!

This time transact with company in writing under proper acknowledgment and extract replies in writing, and record all calls meetings.

If you are unwilling and/or have already joined some another company and are stuck up due to relieving letter then state so in your next post!

 

 

What is this establishment: Commercial, industrial, small enterprise/

How many employees are employed in it?

You are located in which state?

Redg. Office the company is located in which state?

 

Did the company issue any acknowledgment and acceptance of notice of resignation in writing and any guidelines to obtain NOC/NDC from various depts, and to handover the charge?

Did you supply the documents requested by HR with covering letter and do you POD?

What were these documents submitted by you?

Has the HR issued any acknowledgment for having received these documents?

Has the HR issued any communication after that to you in writing on approval of medical leave or declinature of medical leave or extension of medical leave,…………………….. ………………acceptance of resignation or waiver of notice period of 9 days or asking you to resume duty after you are cured and thus to serve full notice period of 30 days?

Did it ask you to visit and complete the handover process and did you handover the charge?

Have you recovered now and did you inform the company to resume the duty or to handover the charge?

The payment of wages can’t be blocked. Wages have to be paid on pay day and pay day is well explained in law. The employee can lodge a complaint the moment the payment of wages is blocked even by a day! The penalty can be say Rs.7500/instance……………..

 

You have been wasting your time by remaining stuck with HR, Line Managers!

They seem to be helpless or unwilling due to employer’s policy for them to decline acceptance, waiver, payment of wages, relieving letter to employee that do not serve full notice period!

 

Did you submit any representation addressed to good offices of appointing authority, MD, Chairman……………………narrate all representations made by you till date (with dates, phone numbers, names and designation of company’s employees contacted, brief minutes of discussion), affirm to handover the charge. and demand to supply you the acceptance of resignation, service certificate, relieving letter, FNF statement, FNF dues by bank DD only (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable) etc……………………by redg. Post only.

 

If yes you could  mention that postage prepaid self addressed envelope is attached!


Ajaz Ahmed (SR.MARKETING EXECUTIVE)     23 April 2014

I worked for a private limited company for 7  years and 8 months, i have requested them to clear my gratuity and balance salary ,I have not received anything, I queries are?

1.Is my company under the act of labour?

2.In case if they do not pay my gratuity ,what should  i do,

3.It also did not enroll me for the PF saying that the company policy does not have that.

Kindly advice me about my next course of action.

regards 

Ajaz Ahmed

Kumar Doab (FIN)     23 April 2014

@ Ajaj,

Refer to other thread initiated by you at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=101267&offset=0#.U1fZlUeBmXU

pavan reddy (sr hr)     24 April 2014

Hi my self pavan

I resigned from my company on 2nd feb , as per my performance they told me to not to resign but as I had some good opportunity so I stuck my decision and asked them to relieve me and even I asked about my Np But these people gave me termination letter after my resignation that I got on 13th feb by saying that I did some bad activities with company and they have already Terminated me on 30th jan

 

Please suggest is it possible termination after resignation..and suggest how I can I go ahead against this

pavan reddy (sr hr)     24 April 2014

Hi my self pavan

I resigned from my company on 2nd feb , as per my performance they told me to not to resign but as I had some good opportunity so I stuck my decision and asked them to relieve me and even I asked about my Np But these people gave me termination letter after my resignation that I got on 13th feb by saying that I did some bad activities with company and they have already Terminated me on 30th jan

 

Please suggest is it possible termination after resignation..and suggest how I can I go ahead against this

Kumar Doab (FIN)     24 April 2014

@Pavan,

Always initiate a new thread.

Do you have acknowledgment/POD of resignation submitted by you?

What is Np?

What is the reason stated in writing in termination order? Has the company tendered notice pay with termination order?

Did the company issue any show cause notice for bad activities mentioned by you?

How was the termination order supplied to you and have you retained the envelope? If yes find out from website of IndiaPost or courier on which date the redg. Post or speed post/courier was booked by company?

Have you been marking your attendance from 30th Jan to 13th Feb?

What is this establishment; Commercial, Industrial, small enterprise?

You are located in which state?        

Regd. Office of the company is located in which state?

 

 

 

pavan reddy (sr hr)     25 April 2014

Hi Kumar,

i got that mail on 13th feb and posted on 12th feb otself ,nothing was there before my resignation

more over reason they mentioned that 

i used to report office late

i deleted their data and all

Yes i marked my attendence between this period and notice period is 15 days in offer letter

 

Please suggest 

pavan reddy (sr hr)     25 April 2014

Hi Kumar,

i got that mail on 13th feb and posted on 12th feb otself ,nothing was there before my resignation

more over reason they mentioned that 

i used to report office late

i deleted their data and all

Yes i marked my attendence between this period and notice period is 15 days in offer letter

 

Please suggest 

Kumar Doab (FIN)     25 April 2014

The company shall have to tender payment of wages for 13 days you have worked in Feb.

The termination order is stigmatic. As per you no opportunity of hearing, natural justice is granted to you.

You should contest the termination order.

Meet a Labor Law consultant/service lawyer in person, and proceed under expert advise of your lawyer.

Dinesh (developer)     28 April 2014

hello , 

 

i am working in pvt ltd company from last 3 months . i am selected in new organization for a good designation . now , i want to leave my existing company . but i know my existing firm not given any latter coz i am leaving ... and my new organization where i am selected , they want reliving latter from my existing firm .

i gave all  doc my existing firm , like joining latter ,  salary slip , etc.. 

 

so , what should i do ? plz reply

Kumar Doab (FIN)     28 April 2014

@ Dinesh,

Always  initiate a new thread.

Reply to Same questions as asked in the beginning of this thread;

What is this establishment: Commercial, industrial, small enterprise?

 

What is its trade e.g. IT/ITeS.....................etc

 

How many employees are employed in it?

You are located in which state?

Redg. Office the company is located in which state?


Are you under Probation or confirmed?
 
What is your designation and nature of duties.

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