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baby kandathil (not working)     23 September 2013

No relieving letter even after complete notice period

I am Soumy Baby.I was working in Mumbai from November 2012 to September 2013.

 

I resigned from organization since my husband settled in PUNE and its difficult for me to travel every weekend from MUMBAI to PUNE .I resigned on 10th July 2013.My official notice period was of 3  months.But they got suitable replacement to me and they accepted my resignation and given formal mail saying my last working day is 13th September 2013.HR Manager sent me mail saying my relieving letter will be couried to me after 1 week.HR called me to come and collect the relieving letter.But when I reached office they said my background verification is pending so they will release the relieving letter once the background verification is over.

My original documents were with them from 29th september 2012 and even after 11 months they have not completed verification.I need to join the new company but they are asking for relieving letter.Please help me in this as my previous employer is not giving me the relieving letter even after I gave proper handover and served notice period as requested by them.

I cannot afford a break in my career due to delayed background verification by previous employer and they are not paying me salary and killing my opportunity

 

Regards

Soumy 



Learning

 11 Replies

Ravikumar Jora (ACCOUNTS OFFICER)     23 September 2013

did you received offer letter and term of conditions, go as per the details with legal person. first you send notice them and they will cal you and speak with you. all companies finally they are compramising the issue.
1 Like

baby kandathil (not working)     23 September 2013

Hi I would like to know notice means legal notice through a lawyer.In that case whether the proceeding s will take time

Kumar Doab (FIN)     23 September 2013

Has the company supplied the FNF statement/settlement to you? Employee should apply goodwill, rapport, exceptional levels of persuasion, persistence, negotiation, reasoning skills, adaptability, flexibility and resolve the situation in favor while in employment. If the line managers/HR are troubling approach good offices. Remain amiable, gentle, and firm. Do not resort to emotional outbursts. You have posted that: -------‘ I resigned from organization since my husband settled in PUNE’ It is a valid reason. -------‘ I resigned on 10th July 2013.’ ‘given formal mail saying my last working day is 13th September 2013’ Did you mention notice period of 3 months in notice or your tendered resignation with immediate effect? If you mentioned notice period then resignation can not be accepted before expiry of notice period. The company may make up for your loss and may agree to pay notice pay for shortfall in notice period to you i.e. up to 10th Oct. {{{ Supreme Court of India Nand Keshwar Prasad vs Indian Farmers Fertilizers……….. 11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.}}} -----‘ HR Manager sent me mail saying my relieving letter will be couried to me after 1 week.’ This is a statement in writing and now the employer has live up to it. -------‘ HR called me to come and collect the relieving letter.But when I reached office they said my background verification is pending so they will release the relieving letter once the background verification is over.’ Claim the expenses. Submit the vouchers under acknowledgment as per your eligibility while in employment. Submit minutes of discussion (include names, dates, phone numbers from which you were called to come etc) -------‘ My original documents were with them from 29th september 2012 and even after 11 months they have not completed verification.’ This can be termed illegal, unlawful. Original testimonials are property of the employee and employer can not have any lien over it. At the most employer might ask to show the originals to relate with copies and mark ‘OSV’. Did the employer make a demand to submit originals stating reason for keeping the originals and issue acknowledgment/receipt? -------‘ Please help me in this as my previous employer is not giving me the relieving letter even after I gave proper handover and served notice period as requested by them.’ Submit final gentle representation to good offices of appointing authority, MD etc……………..in writing under acknowledgment and demand that……………………………………………be supplied to you within say next 7 days by redg. post only. -------‘ I cannot afford a break in my career due to delayed background verification by previous employer and they are not paying me salary and killing my opportunity’ There is no mention of BGV in appointment letter posted by you. Moreover they are at fault for not having conducted any verification. The good offices can extend the DOL and issue relieving letter accordingly to avoid any break in service due to their fault. BGV has no sanctity left to it now. It should have been conducted before joining and within reasonable time. If the good offices also do not provide relief approach; -----Law/Law Firm; The lawyer that has seen all of your docs can advise you the best. legal notice from your lawyer may drill sense into the heads. Although it is stated that dispute should be referred to arbitrator however your lawyer may opine that there is no dispute but deliberate, willful, intentional delay by HR personnel and good offices also have miserably failed (willingly?) to redress. Does company has an office at Pune? If yes visit he office and submit a written representation under acknowledgment. -----Trade Union Leaders (Trade unions have been trying to organize IT/ITeS/BPO employees and know precise ways to handle such issues) -----O/o Labor Commissioner: labor Inspector……….. ------Inspector under Bombay Shops and Commercial Establishments Act which is so employee friendly. -------Civil Court ------Police for illegally retaining original certificates.

baby kandathil (not working)     23 September 2013

Company has returned me the original documents on 20th September 2013 when I went to collect the relieving letter.They have not issued my full and final settlement yet. They have to give the salary of September till 13th September.I have given 3 months notice when I resigned and when the replacement came they have given the last working day as 13th September 2013 In between I had some health issues, .So I have requested them to relieve me earlier if possible. But I left the company only after the replacement came and proper handover is done. I told them I was working at Client side.So if you are not responding to my mails I will contact the client directly.If nothing happens I will move legally Hope this issue will be resolved soon .If not for all the previous employees who has not got the relieving letter I will fight legally.

Kumar Doab (FIN)     23 September 2013

You have posted that: -------“I have given 3 months notice when I resigned” “and when the replacement came they have given the last working day as 13th September 2013 “ “So I have requested them to relieve me earlier if possible.” Did you request in writing? If not ,since company has relieved you earlier it should tender full 3 months notice period pay to you after adjusting leave if any taken by you i.e. up to 10th Oct. --------“I told them I was working at Client side.So if you are not responding to my mails I will contact the client directly.” You should represent to employer that has appointed you. ---------“ So if you are not responding to my mails” Visit and submit representation in Pune office under acknowledgment.

baby kandathil (not working)     25 September 2013

Finally they sent a mail confirming the background verification is completed and relieving letter will be couriered to my address

 

Kumar Doab (FIN)     25 September 2013

 

It is good that you have perused and it has fetched you desired outcome.

 

 

Peruse further and obtain relieving letter with good comments on your conduct and performance.

 

 

Avoid getting it without any comments on your conduct and performance.

 

Needless to mention that you should not get bad/adverse/negative on your conduct and performance.

Ravikumar Jora (ACCOUNTS OFFICER)     30 September 2013

if your not received with in 15 days, you mail to that copany CEO, this overall inerntally they are doing ploitics,

put mail to Bcc: to CEO ot MD address to mail. you will get immediately solution. ok.

 

baby kandathil (not working)     30 September 2013

Finally,I got the reliving letter through courier

baby kandathil (not working)     30 September 2013

Finally,I got the reliving letter  with good comments .They sent it by courier

Kumar Doab (FIN)     30 September 2013

It is good that you have succeeded.

This should motivate many of fellow employees who give up and do not succeed.


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