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Alice (Senior Manager)     11 October 2011

Employer not issuing relieving letter

Hi , i m working in Pvt company for the last 5 years. Recently i submitted my resignation and the notice period is 3 months. But the company is not issuing the relieving letter and not releasing my PF, gratuity, Superannuation etc.,Now How i have to proceed legally to recieve my reliveing letters and etc .,?



Learning

 43 Replies

ajay sethi (lawyer)     11 October 2011

have you served the notice period? it is not mandatory for company to issue relving letter . is the company willing to issue experience certifcate? send  a polite reminder to them

1 Like

Alice (Senior Manager)     11 October 2011

Thanks for your reply sir......yes, i served for 90 days after i submited my resignation,  my new compney asked me to submit the relieving letter from the earlier company before joining . And also i want to withdraw my money from PF, Gratuity, superannuation fund. Without reliving is it possible withdraw these funds ???

K C S Kutty, Pune (Faculty )     11 October 2011

Relieving Letter or Relieving Order is given when you are finally relieved from the job.  Before that you have to give proper notice or pay lieu of notice, settle all dues, return all the properties of the organsiation back and get a no due certificate.  Generally, relieving letter is given once all these formaliies are over.  New employer is insisting on a relieving letter to ensure that you have left the previous employment.

Regarding your gratuity, you may make an application to the organisation,if you had completed five years of continuous service. 

I do not understand what is this "superannuation" benefit available.

Give an application to the employer requesting for issue of relieving letter. 

 

 

 

1 Like

Alice (Senior Manager)     11 October 2011

The basic problem is not  the issuing of relieving letter, the company is not ready  to relieve me even after 90 days ...The HRs are not processing my resignation..... In that case how i can proceed to get relieved  from the company at the earliest  with proper clearances.(i.e., with reliveing letter)

K C S Kutty, Pune (Faculty )     11 October 2011

The only way is to discuss with the HR Manager or his superiors and request them for an early relieving. Sometimes, they may be interested in retaining you in the organisation. Taking legal action is not desirable.

Kumar Doab (FIN)     11 October 2011

Learned members/experts have given valuable suggestion. Kindly follow it.

You must be having the acknowledgment of submission of notice of resignation and you must have mentioned effective date of resignation in it. You have served the notice period, and thus have completed your part of obligation.

You must have submitted company property and completed tasks on hand, must be having acknowledgment.

If you do not have then you should submit a written communication confirming the same and thus build record in your favor.

You can have a heart to heart meeting with your reporting authority, HR and apply your rapport, goodwill, persuasions, persistence, negotiation, skill to settle the matter in your favor, amicably.

No one can force or coerce you to continue to be in employment against your wishes.

You can submit a written communication under acknowledgment addressed to good offices of your appointing authority, MD, HR Head, Company secretary and mention date of submission of your notice of resignation, effective date of resignation, submission of company property, completion of all tasks, and ask their good offices to intervene and to supply you the acceptance of your resignation, work experience/service certificate, form 16,PF accumulation reports and withdrawal/transfer forms, relieving letter ,NOC/NDC,FNF statement, settlement of dues and payment of dues say within next 7 days, etc. by regd/speed post.

You can highlight your achievements and that as a good employee you have submitted notice and served notice period and good offices should ensure smooth exit and should supply you all docs, certificates, payments and ensure that nothing is delayed and your future ventures employability, record is not affected. Company can sit on relieving letter and can not sit on others. Other documents/records can serve to be as good as relieving letter.

If you do not get relief you can lodge complaint with o/o labor commissioner or approach your lawyer.

Mahendra Gurav (Acct. Asst.)     01 January 2012

Sir, I am working in Ltd. company. I have bond of 1 year. My company collect my SSC certificate & Graduation certificate. I just want to know that any company/ employer has a right to deposit certificate of employees???

Now i got selection in Govt. post. & I have very limited time to join govt. job. i am ready to serve all the formalities of company. but company is not issuing relieving letter. what can i do for this metter.when i resigned company also stop my salary. If i don't give relieving letter within 7 days. i will lose my govt. job. what can i do. Can i collect relieving letter from MY Manager??? in case of failure of getting relieving letter(within 7 Days)  from my current employer i will lose my govt. job. so wat can i do?? Pls give me reply as soon as possible

Kumar Doab (FIN)     01 January 2012

@ Mahendra Gurav

Has the company issued any acknowledgment of your certificates and have you demanded to return your certificates ever in writing? Employer might ask to show original certificates and employee may show originals and handover copies/attested copies, but should never deposit original certificates.

What is the content of the bond signed by you?

You should apply your rapport, goodwill with your manager and obtain relieving certificate from your manager without any delay, on letterhead of the company under signatures by hand and if possible seal of the company. This seal can be of manager of one kept at reception/ mail receipt counter.

Probably due to the bond, company is not issuing the relieving letter, original certificates.

You may satisfy your current employer with copy of resignation, acknowledgment of receipt of resignation, acceptance of resignation, FNF statement issued by company, acknowledgment of company property submitted by you, last salary slip etc, and if possible obtain acceptance of resignation  and acknowledgment of certificates also from your manager.

Relieving letter confirms all accounts are settled and there is nothing due and employee is not working elsewhere. Your next employer can absorb you by collecting an affidavit from you that you are not employed elsewhere.

Show the copy of bond to a competent and experienced lawyer and  proceed further under expert advice.

Anand mishra (Sr.engineer)     23 September 2012

Dear All,

 

I have a query, I regined from the company on medical basis i my health condition are not well and supporting me to work further.I handed over the project to other employee but my manager is not giving me anything in letter although i kept inform them about this on mail.I have esclated this to upper level but no body is even responding me .........HR are stuk on the point that I have to serve for 2 month fully.

 

 

Please suggest

Kumar Doab (FIN)     24 September 2012

Subsequent to your mail, submit a proper resignation/notice of resignation addressed to your appointing authority/MD/CEO preferably by letter thru redg. post, and narrate the emails sent by you in this context and ask for acknowledgment of your resignation by letter thru redg. post. You may mention that a postage prepaid { as purchascd from Post ofice } self addressed envelope is enclosed with your letter for sending you reply by redg. post.You may also enclose Rx of the doctor advising bed rest and keep diagnostic, pathalogical reports, x-ray, Ultrasound etc ready in your file which establish that you sufferring from medical disorder requiring bed rest. if you can acquire medical certificate from Civil Hospital, medical college nothing like it.

Company can ask that you be examined by its specialist doctor.HR can claim that it had communicated by phone to you that you need to serve full 2 month notice.You can cite the clause in appointment letter and request the comapny to adjust medical leave, annual leave against sick leave and adjust notice pay for shortfall in notice period.

If company and HR is adamant you may be ready to face and checkmate the moves of the company. Keep Company informed by reminders. Show your appointment letter, standing orders, employee/service rule book to a competent and exeprienced service lawyer/labor consultant.

amp (process associate)     10 April 2013

Hello,

 

I was working in a private educational institute for 4 months as a senior faculty/lecturer. Due to some issues at work place and dirty politics, I was not comfortable working in that kind of an atmosphere so i resigned. Initially i resigned b email but next day i went officially and completed the hand over of work as well as submitted my resignation letter.

I also mentioned to my boss that i will be working from home and serving my 1 week's notice period. he has even signed the resignation letter as an acceptance, the copy of which i have.

Post that he is refusing to give me the relieving letter and is also saying that i need to pay for the 6 days of notice which i did not serve. But i have worked from 1st of march till 9th of march for the company which i have not been paid for and as i gave my resignation on 11th...

 

please advise what should be done next.

Suresh A (Senior Quality Analyst)     21 May 2013

Hi Sir,

I am working for an Outsourcing company for more than 6yrs, where my complaint is that our employer is not ready to give my relieving letter after resigining and completing my 30days notice period. When i asked my HR they are told will be giving only temporary relieving letter and after 45days wil be give you the permanent one. And I already informed my HR  that I got an opportunity in other company with good package and designation and also submitted one copy of acceptance letter of my new company. But our HR told its competitor company so we relieve you from here. And even if we relieve they told to sign in one form which contains not to work for competitors company for 2yrs. And again they told we can give only temporary letter not permanent. The permanent wil be given only after 45days after observing whether im joinging competitors company or not. while giving permanent relieving letter also they would mention the same as not to work for competitors company itseems, by mentioning like this employees are spoiling there careers. Now i have lost my new job.  kindly Let me know is there any rules like giving temporary first and later permanent relieving letter. And also any rules is there to mention in relieving letter like not to join competitors. Pls let me know how to get my proper relieving letter without mentioning any rules and signing in any form.

Kumar Doab (FIN)     21 May 2013

 

 

@ Suresh,

 

Always start a new thread.

 

From date of appointment till date, did the company ever supplied any such T&C to you in writing?

 

 

Indian courts have declined to enforce non compete clauses post termination of employment.

 

Smart employees apply smart strategies and build favorable record while in employment, to handle such employers: e.g;

 

https://www.lawyersclubindia.com/forum/Company-introducing-new-exit-policy-during-notice-period-80765.asp#.UZuMPaKAqWM

 

There was no need to supply the copy of your next offer to your past employer.

Moreover these HR personnel are not your employer. There are just another employee in the company.

 

Employee in today’s environment especially should avoid acting on his own or in haste and should always consult elders in the family, competent and experienced well wishers, lawyer/law firm than acting on his own.

 

Now you may approach a competent and experienced labor consultant/service lawyer at your location with copies of all documents, give inputs in person, spend quality time with your lawyer, and proceed under expert advice of your lawyer.

 

 

Suresh A (Senior Quality Analyst)     21 May 2013

Thank YOu Sir for your quick and valuable suggestion. I have a copy of resignation letter where my Manager have signed and accepted my resignation, and also he had written to HR for next procedure for my clearance. Let me know is this letter is enough as proof or need some more documents. 


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