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Santosh (TSE)     13 August 2014

Company denying to provide relieving letter

Hi, I worked for a BPO Company in Chennai for 17 Months (last working day June 2013) and due to personal reasons I applied for resignation through the internal tool stating that I can serve only 1 Week as notice period (Quoted the start date and End date as well) and informed that I am ready to pay any amount to get relieved. But none of them called me for discussion related to this for 4 Days, Later I spoke to my HR and her reporting HR manager but of no use.Even my accounts manager and process owner also didn’t accept to relieve me.

 

Since I had no other choice I Left the job without realizing the importance of relieving letter. After few months I mailed the Settlement team for FNF (I had 20 days of my salary with them and also had 10 days leave balance) they deducted all that and informed me to pay 300 Rupees more to clear the dues, SO I took a DD and sent to the company- later they have sent me EXPERIENCE Letter stating reason for separation as Termination (Job Absconding) even though I informed about my resignation and cleared all dues too..This is the reason why I am completely unhappy.

 

Even though I intimated them about my resignation none of them accepted-But my offer letter clearly says we can serve 30 Days notice period Or can Opt for Pay out option. But company didn’t provide me the payout option. After working with that company I took 12 Months break so if I don’t get this relieving letter there will be 3 Years pf gap in my career which will be a big problem. Already I loosing all MNC opportunities the moment I say I don’t have relieving letter…

 

 

I request everyone here to please guide me how to get the relieving letter form my company. Is there any option to proceed legally?? Will I face any problems due to that?? Please let me know approximate charges(fees) if I wish to proceed legally.



Learning

 3 Replies

Kumar Doab (FIN)     13 August 2014

You have not absconded and have tendered resignation and notice pay in line with T&C of appointment letter issued to you.

Now to get the matter resolved in your favor you shall need to approach a Labor Consultant/Service Lawyer along with copies of job advt, job application, interview call letter, selection letter, offer letter, appointment letter, HR policy/Service Rules and Regulations mentioned in appointment letter, resignation submitted in resignation tool,Experience certificate etc............... .

The company has to supply you acceptance of resignation by appointing authority/MD/Chairman, service/experience certificate, relieving letter, salary slips of all months of employment, PF a/c slips of all years , ESIC Card, Form16, correct FnF statement for verification and acceptance and it should include encashment of annual/Earned leave, etc.................


If you face any difficulties you can approach employee’s unions, trade unions, Inspector under (Name of your state) Shops and Commercial Establishments Act, Inspector under Payment of Wages Act, O/o Labor Commissioner…………………preferably thru your Labor Consultant/Service lawyer.

 

 

Employee should always tender resignation by letter thru Redg. Post and proceed under expert advise of his lawyer.

1 Like

Santosh (TSE)     13 August 2014

Kumar Doab thanks for the reply....

I will try to find out a labour consultant... If you know anyone in chennai please let me know.

And small doubt here is...I applied resignation through internal tool so i dont have any proof related to it with me(It would be only with them) But when i have sent few mails to settlement team i furnished the information about resignation and they didn't give any negative comments against it.SO will this be fine to proceed further??

Sir i wish to know how long would this process generally take to get relieving?? And if possible tell me what would the labour consultant charge??( because i am new to this and wish to know approximate cost)

Kumar Doab (FIN)     13 August 2014

As per various posts BPO/KPO/IT/ITeS employees in Chennai/Tamilnadu initiated to unite.

Yes no reply to your emails may suffice.

Can't comment on fee of a lawyer/labor consultant. It may vary from lawyer to lawyer.You shall need to settle your T&C with your lawyer on your own.

Can't comment on time it takes.

Your local lawyer can update you.

If you wish to avail services of a lawyer from LCI databank you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/#.U-uB6OOSwb8

 

Your near and dear ones can also guide you to a lawyer.

 

Employee's unions for BPO/IT:

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


https://www.shivsena.org

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

 

Trade Unions e.g; CITU,AITUC,INTUC,BMS..............


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