Employer does not provide relieving letter

You are in which state? The HO/redg. office of the company is in which state?

What is this company an Industrial or Commercial Establishment?

What is your designation and nature of duties?

Do you have copies of company’s standing orders, HR policy, Service rules, exit policy, severance policy etc…..

You have taken right steps.

------The company has affirmed to supply the relieving letter.

The one option is that you may send the cheque of notice pay by redg. post, and demand relieving letter by redg. post only. This is probably what company also wants but is not demanding/ does not want to demand in writing.

If you feel it appropriate you may attach a covering letter that cheque should be encahsed only after preparing the relieving letter, and confirming the same in writing to you that it has been prepared and same should be supplied to you by redg. post only ( not even speed post/courier) along with acceptance of resignation, work experience/ service certificate, PF number/ PF account slips of entire period of service/attested copies of PF withdrawal-transfer forms ( you should submit the forms under proper acknowledgment), correct FNF statement, Form 16 as per correct FNF statement, NOC/NDC etc………

------Another option is that you may achieve some handle on the company and it’s HR and make it clear to them what shall be implications, cost, consequences, if they do not comply to their liability to supply the relieving letter, e.g. police complaint, complaint with trade unions, legal notice by your lawyer, complaint with O/o Labor Commissioner, Inspector under Shops and Establishments Act etc, and that HR personnel, line managers, owners etc may be charged by name…..etc …………..

To defend it from such actions company may yield.

Some employees by virtue of their position, designation, access to sensitive issues/information/ influential persons succeed to achieve some handle on company.

-------Abscondment may be defined:………………………………………..dismissal of employee by employee himself.

You have explained that you have not absconded and it is implied that company has chosen to modify its erratic stand as it has affirmed to supply the relieving letter.

You may demand all communications by redg. post only and may even mention that a postage prepaid ( as purchased form PO) self addressed envelope is enclosed for sending redg. post to you.

And that you have not received any relieving letter till date and company should supply you the certified copy of the same along with certified copy of the receipt of redg. post/speed post vide which it was sent to you and POD.

-------Resignation can be without permission or notice.

Termination/separation is initiated either by employee or employer.

The party to the contract of employment initiating termination of the contract chooses the notice period. If it is lesser than the notice period inserted in the contract the party has to compensate the other party. Here the compensation is inserted in the contract as “notice pay”. This is the maximum amount of compensation. Thus there is no ambiguity or confusion.

3 months’ long period is obviously for the benefit of employer.

Notice pay is ideally @ Basic + DA as employer disburses OT, Bonus, Gratuity, paid leave etc at this rate.

Notice period is max. 1 month as per Shops and Establishments Act of almost all states, as per length of service.

If you were in probation period 3 months Notice period during probation period may be termed as unreasonable as during probation period employee has no lien on job………………

------- Model Standing Orders:

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

There are many threads on relieving letter, initiated by employees. You may go thru these e.g.;

https://www.lawyersclubindia.com/forum/Voluntary-abandonment-of-services-80471.asp#.UZW1eKKAqWN

https://www.lawyersclubindia.com/experts/Employer-not-releasing-relieving-fnf-dues-389291.asp#.UZTu06KAqWM

Dear Sir,

I was working with an IT(Information Technology) MNC in their Kolkata offfice.This company has their India Head ofice at Mumbai.My Designation was Senior Software Engineer however I was in the Junior Most pay grade P1(Fresher or 1-2 Years experinced get this grade).

I do have the Exit policy, HR policy etc with me.The issue is I had asked them the exact amount to be paid for getting relieving letter & completing total formalities as I am also having some Earned Leaves etc. which should be deducted from that.

They have told that they will mail me soon about the same but its almost 4 and 1/2 months passed away I have not received the same.Now when I send mail they are replying at all although I have their mail stating that they will provide Relieving Letter.

What would be the most appropriate step in this case please advice.

Regards,

Soumick

In my Appointment letter it was written that either I have to serve 3 months notice or 3 months Gross Salary in lieu.

I had chosen the second one.I had served only 10 months in that company and my desgnation was not so critical which can damage their business.That's why my Projetc manager also released me from that Project.I got all clearances from other departments such as Finance, IT etc.The thing is that this is pending only from HR side and without of any specific reason.

IT companies are covered under Shops and establishments Act (in short SE Act).

Company should have displayed registration certificate as per SE Act of West Bengal near entrance/on notice board. The name of employer/agent of employer/Manager must have been written in it.

You may demand to supply you the FNF statement in original by redg. post.

This enactment for state of West Bengal and Bombay both are attached.

You have posted that:

------“The issue is I had asked them the exact amount to be paid for getting relieving letter & completing total formalities as I am also having some Earned Leaves etc. which should be deducted from that.”

Company shall have to encash paid leave (14days/year) and should adjust notice pay in FNF statement/settlement.

The company should supply FNF statement to employee for acceptance of its correctness, and objections if any.

You may affirm that after adjusting notice pay if any amount is payable at your end as per correct FNF statement, you shall tender it by cheque and demand that acknowledgment of the same should be supplied to you by redg. post, at once. 

------‘ In my Appointment letter it was written that either I have to serve 3 months notice or 3 months Gross Salary in lieu.’

The notice period as per the SE Act of West Bengal: Notice of termination of service as in your case (10 months which is less than 1 year) seems to be NIL.

You may succeed to claim that the clause and section on notice period/pay in appointment letter is void to that extent.

Did the company confirm your services in writing? If you were in probation period the 3 months notice period may be termed as unreasonable.

------“ I got all clearances from other departments such as Finance, IT etc.The thing is that this is pending only from HR side and without of any specific reason.”

You have handed over the charge and company property and thus have complied as a good employee and hence nothing is pending at your end.

The concerned HR personnel has not complied with his/her duty and have not supplied the correct FNF statement.

You may escalate to the good offices of your appointing authority, MD, Chairman, Company Secretary, name of employer/agent of employer/Manager as per registration certificate of SE Act and request to provide relief within say next 7 days, and raise your specific demands.

You may mention that you had completed all tasks on hand and nothing was pending at your end and you were properly relieved by your reporting authority and all dept of the company.

You have the option of charging the HR personnel by name and pull them before lawful authority, court of law……

The trade unions in West Bengal are quite active. You may approach them. The trade unions know how to drill sense into the heads.

The trade union have formed a body :

“West Bengal Information Technology Services Association (WBITSA):

https://www.wbitsa.org/

This union is floated by CITU (Centre of Indian Trade Unions- the trade union wing of the Communist Party of India (Marxist)- the ruling party in West Bengal).”

As per your designation you may fall within the category of workman. It is felt that state of West Bengal did not grant blanket exemption from provisions of IESO Act/Standing orders thus standing orders may be applicable ( you may check with your lawyer/Inspector under SE Act, o/o Labor commissioner). If company did not get standing orders certified Model Standing orders shall apply, which have already been attached, and must be available at Dept. of labor website of your state.

You may approach Inspector under SE Act, o/o Labor commissioner. Your lawyer may opine that you can lodge a criminal complaint under Sec 406……

The legal notice from your lawyer may drill sense into the heads.

Let your lawyer’s opinion be final on all points discussed in this thread.

Try your level best and organize the IT workers for your own benefit.

You may find the attachments useful.

The proposal to forge a union for IT workers has now come from the Centre for Indian Trade Unions (CITU) -- the trade union wing of the Communist Party of India (Marxist) -- the largest Left party in the country.

"A union for IT workers is the urgent need of the hour. I would call the IT professionals 'the labourers of the information age.' They toil long hours; they work at night; and some of them still get meager salaries. So a labour union for them would help fight for their rights," CITU president M K Pandhe told rediff.com.

According to Pandhe, the main reason why CITU has mooted the idea is because the IT industry is not governed by any labour laws. "The IT industry continues to chart remarkable double-digit growth. But isn't it ridiculous that the IT workers are working hard without the backup of any labour laws?" he asks.

"Workers in the IT and ITES industry work for 10 to 14 hours daily. There are no fixed timings for them. The moment the IT professionals get together to discuss their problems at work, the management victimizes them and they are shown the door," Pandhe pointed out.

To begin with, CITU, in collaboration with other Left-unions -- like the All India Trade Union Congress, want the Union government to enact a law separately to deal with the labour issues of the IT industry.

"Yes, there is an urgent need for a labour law exclusively for the IT industry. It is the one sector that is booming across India, and we need to frame a legislation for IT workers. We are going to take up the issue with the Manmohan Singh [ Images ] government soon," said Community Party of India national secretary D Raja.

"IT industry professionals in India are 'cyber coolies.' We are trying to organise them and convince them on the need to form a union to fight for their rights and jobs protection," said Narayan Ram Hegde, who works for the Union of Network International in India.

You may find the attached publications on " Need For Union for IT workers" interesting.

Pls ciculate to as many as possible and motivate as many to be part of trade unions.

Attached.

WORK, CULTURE, AND SOCIALITY IN THE 

INDIAN IT INDUSTRY:

A SOCIOLOGICAL STUDY