Vaibhav Jatak (--) 29 April 2010

Can i claim for my relieving letter after 1.5 years ?

Hi,

I am a software professional and i quit my previous job in July 2008 and joined my current company. That time my previous company did not give me relieving letter saying it was their policy that they do not give relieving letter to employees who leave the company before 1 year (nothing such was mentioned on my appointment letter), so i did not serve notice period. I agreed to them as my current company was ready to hire me even without relieving letter.

Now i have a job offer from a BIG MNC but this company wants relieving letter from my previous company. I told this HR that i don\'t have relieving letter but i do have appointment letter and salary slips from previous Company but she did not convince as they do reference checking from a third party company.

So I called my previous Company HR and explained him the scenario and requested a lot for my relieving letter. I am ready to pay for my unserved notice period but he(HR) says that he is not in position to give me relieving letter as it is too late. Is he right? What do I do now? Can i take it to Labour Court ?

I would truly appreciate if somebody advices me as to what I can do to fix this situation.

Thanks and Regard.

5 Replies

Kiran Teggi (Senior Executive - HR) 29 April 2010

Why dont you try to have a talk with Unit Head about relieving letter. And even get a meaning for too late from HR person.

Kiran A T

Vaibhav Jatak (--) 29 April 2010

Thanks Kiran for your reply.

I had spoken to HR Head of my previous company and he only said that no letter can be issued to me even if i pay unserved notice period because it has been 1 year and 9 months (too late) i quit the company.

Please tell me is there any time limit to claim a relieving letter ?

am i eligible to claim relieving letter?

Thanks.

V B S S PRASAD (COMPANY SECRETARY) 30 April 2010

Sir,

You can lodge a complaint with asst. Commissioner of Labour in whose Jurisdiction the Company lies, substantiating the facts and reasons for delay. He can advise you.

regards,

VBSS Prasad

radha krishna (vp-hr) 30 April 2010

Legally there is no time limit for isuing the relieving letter.

In practise there is a posiibility that the records are destroyed after a specific period.

In your case, if I am correct, you left the organisation without serving the notice period or paying wages in lieu of the notice period. Therefore, the company might have destroyed your records after writting off the notice period due from you at th end of financial year.

Please spk to your employers with the record of service available with you, request them to issue a letter.

Kiran Teggi (Senior Executive - HR) 01 May 2010

There is no any time limit to ask releaving letter, so if you have submitted any letter request to HR, it will kind to you for submitting to concerned labour officer. Before proceeding to labour officer try to speak with Unit Head by sending the request letter for your releaving & final settlement.

To give you an example i am settling the account of an employee who worked with us as Management representative for 1.5 year and left us in March 2008 without serving any notice period or any intimation of leaving the job. But he had given a letter to me through Vice President for account settlement. In my opinion he will be provided the settlement, but holding the amount for his liquidated damages and notice period amount.

Your's is also same case go through right procedure for right kind of settlement.

All the best.