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Deepak   03 October 2017

holding Relieving letter

Hi. I was working in a MNC. I tendered my resignation on 12th of july. My notice period was 3 months. But i had informed the company that i will be serving one month notice period. Company at the end of one month asked to pay a cheque for 2 months notice period for which i paid a cheque. But the company is now refusing to issue relieving letter. I need the relieving letter and experience letter. Please let me know what i can do.


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 6 Replies

SHREY DAMBHARE   03 October 2017

File Writ in High Court for directing them to issue your relieving letter. Since right to occupation is recognised fundamental right, Even a private company cannot withheld that rights by not giving your relieving letter. Since, your right to occupation is violated then you can file Writ. You may contact me for further assistence.  

P. Venu (Advocate)     03 October 2017

I am not sure whether a writ lies against a private emplyer. In my humble opinion, the better option woould be to take up the issue with the public authority concerned, and if no positive result you may move the court of law.

Kumar Doab (FIN)     03 October 2017

Did you mention notice period in notice of resignation and/or LWD?

Did company ask you to tender notice pay in lieu of notice period in writing?

 

Did you tender notice pay alongwith written communication under proper acknowledgment and mention cheque number in it?

Did company issue any acknowledgment of cheque to you and mention notice pay in it?

 

Kumar Doab (FIN)     03 October 2017

You may write to HR Head, good offices of appointing authority, MD, enclosing copy of cheque and its successful banking by company and having credited to company’s a/c and ask to supply the: service certificate, relieving letter;

You may also ask to supply:  acknowledgment and acceptance of notice and final resignation, correct FnF statement showing earned wages/leave encashment/bonus/incentive/OT/performance pay/reimbursements etc and adjustment of notice pay and final payable amount by employer to employee or employee to employer, FNF payout as per correct FnF statement, Form16 as per correct FnF statement, salary slips of all months, PF number and a/c slip of each year, ESIC card, NOC/NDC, acknowledgment of handover of charge/assets etc etc………….

Kumar Doab (FIN)     03 October 2017

Copy of notice and final resignation and their acknowledgment/POD , correct FnF statement showing earned wages/leave encashment/bonus/incentive/OT/performance pay/reimbursements etc and adjustment of notice pay and final payable amount by employer to employee or employee to employer, FNF payout as per correct FnF statement, Form16 as per correct FnF statement, salary slips of all months, PF number and a/c slip of each year, ESIC card, NOC/NDC, acknowledgment of handover of charge/assets, copy of chque/bank clearance certificate and your communication for submitting cheque for notice pay etc etc……………….can also suffice as good as Relieving letter.

 

Kumar Doab (FIN)     03 October 2017

 

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 


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