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adarsh (System Admin)     31 August 2013

Employer not giving relieving letter as i joined their clien

My previous employer is not giving me relieving letter as i have joined one of their client.earlier it was told to me that u will get your relieving letter within 10 days after your notice period, but when they came to know about that i have joined client they are not giving me relieving letter and they claim that i have violated their terms and conditions.whereas i dont find anything as they claim in the terms and conditions.

I just have resignation acceptance letter from HR of employer.

Pls help me out ...as my new employer is asking for relieving letter.



Learning

 6 Replies

Kumar Doab (FIN)     31 August 2013

 

What evidence or proof you have on record that someone (Name/designation/dept/Name of company/address) has stated that relieving letter shall not be issued to you since you have violated some of their terms and conditions by joining a company which as per their claim is/was/has been their client………..???????

 

 

Employee should always record such transactions (audio/visual) and keep witness…!!!!

Such evidence can help the employee at appropriate time in appropriate forum.

Or the company/employer and its line managers/HR personnel shall continue to remain comfortably in their offices and employee will be left to lurch………………. And suffer from burden of litigation.

Service conditions are stated in standing orders of the company, appointment letter/ contract of employment, statue………………

If company has claimed it has its service rules then such rules and policies should be circulated to employee and kept in knowledge domain of the employee………………

Gossip and rumor can not be rules.

Employer and its HR personnel should not behave like street magicians and produce things from thin air.

If the company wishes to deny anything it should state so in writing and supply the written communication by effective modes of communication: redg. post.

Relieving letter signifies nothing is due against employee. If you have tendered resignation, handed over charge, company property, and resignation has been accepted, nothing should be due at your end.

Did you sign any service agreement to serve the company for some period? If yes and if you have signed any clause or agreement for Non Compete, it may hold for the period of service agreement.

If you have not signed acceptance of any Non Compete Clause/agreement it can not be enforced upon you.

If there is a Non Compete Clause/agreement signed by you but no service agreement signed by you it can not be held after the termination of employment.

“Indian courts have consistently refused to enforce post-termination non-compete clauses in employment contracts, viewing them as "restraint of trade" impermissible under Section 27 of the Indian Contract Act, 1872, and as void and against public policy because of their potential to deprive an individual of his or her fundamental right to earn a livelihood.”

If the company/employer and its line managers/HR personnel are falsifying the record by making false statements and you are being deprived of clean relieving and your false, concocted, fabricated notings/statements/documents are being inserted into your service card, personnel file with malafide intentions to post adverse comments against you then  you can proceed against your company, employer and its line managers/HR personnel………………..

Your lawyer may opine that you can charge them by name.

The lawyer that has seen all of your documents and has analyzed your inputs in person can advice you best.

Approach a lawyer specializing in labor/service and such matters, with elders in the family.

On the other hand the current employer (claimed as competitor by previous employer) shall be benefited by your presence and should support and co operate with you.

In place of relieving letter you may provide acceptance of resignation and affirm that you are not employed elsewhere, in writing.

Let your lawyer’s opinion be final.

In the meantime you may find the attachments relevant.


Attached File : 69310272 417759075 validity of employment bonds.pdf, 69310272 background paper.pdf downloaded: 297 times
1 Like

adarsh (System Admin)     01 September 2013

Thankyou for your reply sir...It was really helpful.

I would request you to kindly  go through below attachments and confirm whether the clauses mentioned in the attachment will actually have any role in my case as claimed by the company.

Below mentioned attachments contain clauses that the previous company is claiming that i have violated as the agreement was signed by me.

Attachment:

1.interference

2. Convenant not to compete (only (a) section)

 

I have my resignation acceptance letter in mail only..now they are not willing to give me the resignation acceptance in writing.

In this case can i issue a notice against company for not issuing my relieving letter.


Attached File : 283105712 interference.jpg, 283105712 convenant a.jpg downloaded: 338 times

Kumar Doab (FIN)     01 September 2013

 

In your first post you had stated;

 

 

they claim that i have violated their terms and conditions.whereas i dont find anything as they claim in the terms and conditions.

In your second post, you have attached the T&C.

In your second post you have pointed out that “now they are not willing to give me the resignation acceptance in writing.” So you shall need to agitate.

As already posted:

-----““Indian courts have consistently refused to enforce post-termination non-compete clauses in employment contracts, viewing them as "restraint of trade" impermissible under Section 27 of the Indian Contract Act, 1872, and as void and against public policy because of their potential to deprive an individual of his or her fundamental right to earn a livelihood.”

------Approach a lawyer specializing in labor/service and such matters……………………

 

----Keep your current employer by your side.

Keep access to a good lawyer. The employers in your trade would ask you to sign the agreements that would have legal traps.

Consult elders and your lawyer before signing on the dotted line.

Your lawyer would know how to draft a written record to help you in the long run and defend you.

The employees in your trade are trying to unite.

Be a member of some trade union……………..

 

  

1 Like

adarsh (System Admin)     01 September 2013

Thankyou for ur previous reply.

Sir as u said  "So you shall need to agitate."..

I talked with them but they are not ready to give me acceptance in writing..so can i initiate a notice against company for issuing acceptance(since i have a mail copy)?

Is acceptance in mail valid in Indian courts.?

My acceptance mail format is as follows:

Subject: Adarsh Vijayan Nair has raised Record Resignation

 

Emp Id:xxxx

Emp Name:Adarsh Vijayan Nair

Mail Id:xxxxx

Designation: Junior Engineer

Location:xxxxx

Separation Type:RESIGNATION
Resignation Reason: BETTER PROSPECTS
Resignation Letter Date:2013-May-17
Relieving Date:2013-Aug-17
Last Working Date: 2013-Aug-17
Remarks:

 

So is such a mail valid?

Kindly reply.

Kumar Doab (FIN)     01 September 2013

In the portion of the email posted by you: The column of remarks is blank…………..

Only the company would know ‘What is there in remarks’?

However if your lawyer has to build on it he would build on it.

Date of relieving is one month from date of resignation, thus it should imply proper relieving.

You may demand copy of the service card and to allow you to examine your personnel file. By such demand make the file and card as documents on record……………………of the matter.

Company should not decline to issue proper acceptance of resignation under original seal and signature of competent employee of the company.

 

Approach with your elders a lawyer specializing in labor/service and such matters……………………give inputs in person and proceed under expert advice of your lawyer.

Sudhir Kumar, Advocate (Advocate)     01 September 2013

suitably advised by Mr Kumar Doab

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