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Employer not issuing relieving letter

Page no : 3

Vab   26 May 2016

@ kumar Doab,

What is your designation and nature of duties in appointment letter and on record/ in practice?

I did not get any written document. Verbally i was join as a Associate Engineer. 


You were in which state ?

Delhi


What is this establishment; Commercial/Industrial ?

Commercial

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?

NO


What was your last drawn salary in Rupees?

25K

You were under probation/confirmed?

confirmed (But no document or no verbally discussion working past 3 years)

Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?

Transfering in my personal account.

Did you get I.Card, Visiting card,salary slips of all months, FnF statement,PF a/c number and a/c slips, ESIC card,Form16, acknowledgment of resignation, acceptance/declinature, service certificate,relieving letter, etc?

Nothing

 

Kumar Doab (FIN)     26 May 2016

@ Vab,

You have not replied to: Does it have Certified/Model standing orders and does it apply to your designation?

You may clarify: What is the nature of business of the company e.g; banking/IT?

You are Associate Engineer! Are you a IT Person designated as Associate Engineer Engineer?

 The Commercial estbalishment may be covered by Delhi Shops & Estbs Act.

If appointment letter is not issued then it is violation of the Act. You may go thru the Act and in particular Sec;19-22,30,34, 37,41 etc

 

https://www.indiafilings.com/learn/wp-content/uploads/2015/06/Delhi-Shops-and-Establishments-Act.pdf

 

This Act lays down if the service conditions/standing orders does not exist this Act shall prevail.

You may be covered by the def. of 'Employee' as in the Act and even 'Workman' as in ID Acty.

You should  be covered  by Payment of Wages Act and as per Sec;13A the wage/salary/pay slip signed by employer, should be issued atleast a day before fixed pay day.

The pay day is fixed by both the Acts.

 

  


Attached File : 60926 20160526162110 734570099 delhi shops and establishments act.pdf downloaded: 64 times

Vab   26 May 2016

@ kumar Doab,

Thanks for replying. Company is an IT company and Pvt Ltd. But what will i do if employer change any term and condition right now at the time of issuing appointment. Everything discussed verbally. If My manager change my Designation or Notice Period or anything in my appointment letter which will effect onmy next job. I have only 20 days to join in new company as a Associate Engineer.

 

Kumar Doab (FIN)     26 May 2016

You have not replied to all points.

I observe that although I have attached the Act, you have not downloaded the Act and hence have not gone thru it.

Once you have gone thru it, you will be properly informed.

The provisions of the enactments shall prevail upon any private agreement drafted by employer and signed with employee e.g; appointment letter, contract of employment, service agreement etc..............

The thread without careful consideration of inputs will reduce to chatting that may please be avoided.

If you are finding any difficulty consult IT/ITeS employee's unions leaders, Trade Union leaders, Labor Law Consultant.

At Delhi you can access them and also counsels par excellence.

Your counsels may opine that computer/software engineers are covered and there are judgments on it.

 

 

 

 

Kumar Doab (FIN)     26 May 2016

One of your fellow employees have posted that he has resolved his issues with the help at:

 

https://www.lawyersclubindia.com/forum/Not-getting-relieving-letter-even-after-serving-notice-perio-137291.asp

 

Kumar Doab (FIN)     26 May 2016

The notice period as per the Act is as per length of service and is max 30 days.

If standing orders are applicable but are not certified them Model Standing Orders shall apply and if servcie is not confirmed then notice period is NIL, and if confirmed then max. 30 days.

If standing orders are not applicable employer can't press these.

If Act is not applicable as per employer and authority then in the absence of any agreed upon contract NO Notice period should apply.

If applicable employer can at the max. adjust notice pay of 10days if you tender notice period of 20days.

 

1 Like

Ritesh Maity (Labour Law Advocate)     26 May 2016

Originally posted by : Vab
@ kumar Doab,

Thanks for replying. Company is an IT company and Pvt Ltd. But what will i do if employer change any term and condition right now at the time of issuing appointment. Everything discussed verbally. If My manager change my Designation or Notice Period or anything in my appointment letter which will effect onmy next job. I have only 20 days to join in new company as a Associate Engineer.

 

Company cannot change any terms and conditions of an appointment letter without giving prior notice of such change. You have every right to refuse to such terms and conditions. 

Vab   26 May 2016

Originally posted by : Ritesh Maity

But I did not get any document, appoinment letter. My Manager just told me verbally every employee should tell to manager before 10 days arround. Actually i am totally under the Emotional nature of my manager. But now i want to be professional without any emotional.

Originally posted by : Vab



@ kumar Doab,

Thanks for replying. Company is an IT company and Pvt Ltd. But what will i do if employer change any term and condition right now at the time of issuing appointment. Everything discussed verbally. If My manager change my Designation or Notice Period or anything in my appointment letter which will effect onmy next job. I have only 20 days to join in new company as a Associate Engineer.

 





Company cannot change any terms and conditions of an appointment letter without giving prior notice of such change. You have every right to refuse to such terms and conditions. 

 

Kumar Doab (FIN)     27 May 2016

NO T&C was ever issued to you in print and hence NO T&C was ever accepted by you.

Hence NO change can be communicated to you withiout citing the previously agreed upon document.

 

 

If an appointment letter is issued to you say TODAY.....................you have full right to reject to accept the T&C, however put date of reciept and rejection while you sign and keep a copy.

If an appointment letter is issued to you say TODAY.....................but is backdated to your DOJ, you have full right to reject to accept it in back date.

 

More than enough has been shared.

Beyond this it would be reducing the thread to chatting.

 

Beyond this let your able counsel handle the matter.

 

 

 

 

Vab   14 June 2016

Now my manager is ready to given Relieving Letter. But he is not ready to reply on my same Email id from which i had applied. He is sending on my another email id and he created a new email id at gmail.com from company name and sending from this id. He is not sending me from company domain id. What is in his mind?

 

He has some relatives lawyers. They sugguest to him for a legal notice against me regarding his work is dependedent on me. What should i do ? 

 

I am in too much trouble. Please suggest me 

Kumar Doab (FIN)     14 June 2016

You have been advised in detail on various provisions of Act/statue/instrument of law and documents that you should ask for and get.

Demand hard copies of all dcouments mentioned on letterhead/prescribed stationary with logo-name-address of the company with seal/signature/date, be supplied to you by Redg. Post and soft copy from email id of the company.

You have also been advised to approach an able counsel specializing in labor-service matters, if you are unable to resolve on your own, and seek help from unions.

 

You may also approach under expert guidance of your counsels;

Inspector appointed under ;Delhi Shops and Estbs Act, Payment of Wages Act

O/o Labor Commissioner.

 

Manjunath Palled   13 June 2020

Dear sir, My name is manjunath recenty I relived from company with all exit procedure and now some Issue arises in company and started FCU investigation and they also submitted report and it's Cleared I am not done anything but police violation happened they mentioned but I am relieved and now they not issued my reliving letter ( now I am joined new company) is there any chance for legal battle in this case

Ritesh Maity (Labour Law Advocate)     17 June 2020

Legal battle for what? I am sorry but I am unable to understand your situation clearly. 

It seems you have already joined a new company. Hence, what is the need of earlier relieving letter? 

Please explain yourself properly with facts so that we can provide you a better solution.

Pankaj Kumar samantaray   03 July 2020

Dear Sir / Ma'am,

I was given resignation to my company by giving my medical illness issues of 25th June and shown in resignation letter that due to my detorating health I can't stay here to serve notice period and I will leave to my home town on dated 30th June 2020.

After that no one from my team discussed with me & on 29th June 2020 my manager given me email that, you kindly hand over your laptop for data back up & we return your laptop in next day to start your handing over process. The laptop was provided by the company.

On 30th june the laptop not returned to me rather than my HR send me N numbers of email & I given reply of the same and in evening she was given me clearance over email that you come to office on 1st July & give your hand over. she was forced me to do 45 days notice period as per appointment letter and i told her there is also mentioned, if I am not doing 45 days notice period I can pay 45 days salary, but they still now not agreed in that.

As per my managers input I given all handing over to the concerned officer and now they are saying that we want to visit field status details. As they didn't provided site engineers on permanently at site and as I am Dy. Manaer sitting at office, then how can I take accountibility of any missing materials.

In this regard, I have my resignation acceptance letter & handing over documents.

Pl. suggest me.

 

Thanking You,

Pankaj 

7077574493


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