Kanetkar (SE) 02 June 2010

Relieving Letter not being Issued on the Last Working Day

Hi,

I am employed with a IT company in Pune since the Last 1.5 Years.

The notice period here is 6 weeks and I am serving the entire period.

After putting down my resignation letter, I was told that my last working day would be 6 weeks after the date of resingation.

However, I have come to know from the HR that they don't have any policy of providing relieving letter to the associate on their last working day. The HR informed me that they will provide the Relieving Letter along with the FFS around two weeks from the Last Working Day.

However, I won't be able to join my next company without a relieving letter.

My questions:
1) Are the companies in India obliged to provide their employee, who are taking a clean exit (i.e. serving the full notice period and complying to all rules and regulations), with a relieving letter on the last working day?

2) What should one do incase the above situation.

Regards,
Kanetkar

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4 Replies

versha (S/W Engg) 02 June 2010

Hi Kanetkar,

You don't have problem at all. Get this from your current employer that Relieving letter\Exp certificate will be issued along with F&F (Email will suffice). New employer should allow you to join with;

1. Printout of the email.

2. Last 2 salary slips.

3. Acceptance of resignation from current employer (Email will also work)

I have joined like this twice in my past carrer.

I hope this will work for you.

All the best

versha rajan.

1 Like

chiranjib sinha (student) 02 June 2010

my friend was working in a company in asansole. she left the company without serving the notice period of 3 months. now after a year or so she has received a letter demanding claim of compensation. can she evade the consequences?

chiranjib

V. VASUDEVAN (LEGAL COUNSEL) 04 June 2010

The Company is obliged to provide you the relieving letter, on the very day of acceptance of your resignation. It would be absurd for HR to link relieving lettter and full and final settlement. Hence raise the issue with the senior HR Manager/Managing Director for giving the relieving the letter. The HR should be liable any loss due to every days' delay. The law governing this aspect for Pune is the Bombay Shops & Establishments Act.

1 Like

Kanetkar (SE) 05 June 2010

Hi Vasudevan,

Thanks for the response. I too understand that relieving letter and FFS are two separate things.

But in the event the HR doesn't understand the difference what should be my approach.

Appreciate your advice on this. Also, can you send some link which legitimates an employee to get the relieving

letter from the employer on his last working day.

Regards,

Kanetkar