Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Surendra Mishra (Advocate)     21 July 2008

can one get Releaving Letter even after termination from the company

Sir,

An employer is terminated from his office on the ground of non-performance. He asked for his releaving letter but he was refused for the same. Whether he can get his releaving letter. If yes, then how?

The Actual fact is that he had to gone out of station because of his real brother got seriously injured in an accident. He tried to inform his reporting head but he couldn't convery the message becasue his reporting head didn't picked up the phone due to some reason. he might riding his bike or busy somewhere in meeting. But he never called back. The victim was in hurry to catch the latest train to reach his brother. He even couldn't sent the message through mail. But he informed one of his colouge regading the same. But his coulouge didn't convey this message to the reporting head. In between the director of the company was trying to contact the victim but he was out of netwrok so he could received the call. Finally he was terminated from his job.



Learning

 7 Replies

Krishnan Venkatachalam (Legal professional)     22 July 2008

Dear friend,


The employee's termination is illegal as the employer has not provided an oppurtunity to the employee to explain his cause of absence from duty and not answering the mobile phone call made by his employer which is totally against the principle of natural justice.


The employee can seek remedy by consulting a labour lawyer of his locality. The question of relieving letter comes only if the employee concerned submits his resignation letter and in all probability the employer may not issue the relieving order.

Prakash Yedhula (Lawyer)     22 July 2008

As pointed out by Krishnan Venkatachalam, the question of Relieving letter would not arise in this case. The termination seems to be per se illegal and hence can be assailed.

Guest (n/a)     23 July 2008

Good Afternoon,


Sir I am working in a Consulting Company  as an Associate Legal (Advocate). As per my appointment letter, if I have to discontinue my service, then I have to serve One Months Notice, or Rs.5000/-.


So my query is - if I did not follow the above condition, then what will be the Consequences I have to face?


 


 

kiranpothuri (area manager in stock broking company)     24 July 2008

oh no , if it is mnc company like private  insurance ,or private bank u need to give just one sms to ur superior or to mail his mail id,according to ur words basing on non performance is not a ground for termination. i feel he is taking revenge , 1st u prove ur  performance papers  before company head,dont complaint against ur senior,dont file any case against company , wo log aap ko badnam karega,.they will try to create bad in industry.

V. VASUDEVAN (LEGAL COUNSEL)     10 January 2010

 For termination under non-performance - Your portfolio - roles and responsibilities should have been well documented and agreed between you and your employer/line manager and the non-performance should have been consistent, despite a regular written feedback, well documents. For example, if you are in sales and the non-performance is due to drop in industry, company or any specific reason not directly attributable, it can be done. Check for all this background before taking up the matter. However, if  you have chosen to opt for another job, the employer, even on termination, is bound to give a relieving letter.vasudevan

Daksh (Student)     22 February 2010

Hi All,

In my considerate view if the persistence follows the relieving can be delayed but not denied for the simple reason the relieving letter has to mention about the work profile, tenure, pay scale etc.  In case of forced or untimely exit (even after delay the usual HR practice) is usually issuing a letter to the effect that the employee worked w.e.f. ___to _________ in the capacity of (Designation).

Technically I concur with Mr.Krishnan, Mr.Prakash and Mr.Vasudevan but for practical reasons we all know that everything is being done subsequently for different reasons on varius instructions on different occassions for exhorting pressure on one count or other.(Couresy HR supported by Legal and Sectarial).

Best Regards

Daksh

Kumar Doab (FIN)     06 April 2010

Sir,

Kindly  provide some more knowledge on following of your comment:

"For example, if you are in sales and the non-performance is due to drop in industry, company or any specific reason not directly attributable, it can be done"

 In sales,e.g of mutual funds, insurance,euity related instruments of saving and investment,If the non performance is well documented by the bosses in heirarchy, but there has been consistent drop in sales of office where employee is located, overall sales of  company as a sum total of drop in sales at all locations in India, market crash as it happenned in all equity related instruments, attrition of reportees, delay in payables/rewards/incentives to the reportees, even then the  employee can be terminated on the basis of low performance i.e achievement of targets.


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