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hjgfsfhsdhfsf\h (Recruiter)     30 July 2017

Regarding my reliving letter my company not responding mails

Hi sir,

 

i am working in MNC company in bangalore i joined this MNC on june2017 and at the same month i left my previous organization with all exit formalitysi clered and the accepted my resignation (1 Month Notice).during that time my previous emplyer told that my FnF and Reliving letter will be given after 45days they told they will check in accounts dept if their is any dues so its a process it will take minimun 45 days.so i came an joined this new MNC  company .it almost 45days over i keep on calling the HQ and branch office HR none of thme they respond to my email and messages and calls .and side note i joined this MNC they might tell its there client in the offer letter i hope they mentioned it not to join any competetator or clients but if thats the case then i cant work any were.i have to be in home only but some how i joined in MNC its my client side but i am not permant employee of this MNC my payroll is some other company.

please guide me what to do in this case i just want my reliving letter as soon as possible my present employer is asking



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 15 Replies

Kumar Doab (FIN)     30 July 2017

The query in its last half paras is not drafted properly so as to convey a clear message.

You should have consulted elders of your family, competent and experienced well wishers, employee’s/trade union leaders, a very able local senior counsel of unshakable repute and integrity specializing in Labor/service matters  before resigning and thereafter.

 

Apparently you want to mention that you have joined a competitor/client of MNC at Bangalore that you have left.

 

Is it?

Kumar Doab (FIN)     30 July 2017

Do you have copy of acceptance of resignation, exit formalities cleared by you?

 

What was issued to you by MNC at Bangalore; offer letter or appointment letter?

Is it stated in offer letter or appointment letter that you cannot join competitor/client of MNC at Bangalore?

Have you joined competitor/client of MNC at Bangalore?

Has next (current) employer issued offer/appointment letter 

to you?

Is it mentioned in its offer/appointment letter that you have to submit relieving letter from MNC or your employment shall be terminated?

Are you at Bangalore now?

Does the past employer MNC have an office at your current location?

 

Kumar Doab (FIN)     30 July 2017

The Indian courts of law have consisitently been declining tof enforce Non Compete clauses/agreements as these hits right to earn livelihood and provisions of Indian Contracts Act.

You need to affrim your rights.

You need to apply your skills with both employers and clear the situation at your hands or lean on your counsels if you can't resolve by your own skills.

In future consult in time rather beforehand and be proeprly informed to handle such situations.

Kumar Doab (FIN)     30 July 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?

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?

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, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………service certificate,relieving letter?

 

Kumar Doab (FIN)     30 July 2017

There are many threads at LCI on similar queries that you can search in SEARCH option and even download applicable enactments, judgments....................

 

You may also go thru publications under other heads e.g; News, judgments, Articles....

 

In the meantime post your clear reply pointwise to all points raised in this thread........


(Guest)

Serve legal notice.

 

hjgfsfhsdhfsf\h (Recruiter)     30 July 2017

Hi Sir,

i used to work in small Recruitment consultancy around 50-70 people used to work as recruiter from last 4 yrs in this consultancy becuase of some financial problem slalry is not sufficent there is not much hike and position also so i planned to change job i got an offer from this mnc in bangalore .i lied to constancy people saying some family issues i am leaving and might i go to abroad so relive me  reason i lied to them is that i came to know they listed almost all companys in there client list and comptetetor list so they wont let me join any company so i lied to them in offer letter they mentioned while joining i shuld not join any competetaor or client till 1 year if my resignation.and i have the resignation acceptace mail conversation with me .

i am working in MNC its not direct its actually third party payroll my payroll company is different i deputed to this MNC only for few months contract and my BGV also succesfully done in this MNC. but from my past company its almost 45days over i keep on calling and sending sms but thier is no response 

i dont know how to get my reliving letter back 

Kumar Doab (FIN)     31 July 2017

Your employer is 3rd party payroll company.

It has already accepted the resignation.

IN case employee has tendered notice of resignation then it has given sufficient time to employer to put it's house in order and complete exit formalities and pay FnF dues, FnF docs, relieving docs on LWD or say within next 3 days or max. by usual pay day..............

Check if said MNC where you were located has paid bills of your service to 3rd party payroll.

 

If 45days are declared by employer then it should not delay beyond 45 days, in any case.

 

Kumar Doab (FIN)     31 July 2017

You have not replied to all points pointwise.

Relieving letter signfies that employee has separated and nothing bis due against employee.

Your resignation has been acdepted and now employer has to supply all dcos to you as mentioned ina bove posts.

You may write to supply all mentioned docs.

The apoointment letter, salary slips,Form16, copy of resignation and It's POD/acknowledgment/accceptance,FnF statement, FnF payment, PF a/c statement etc etc can be as good as relieving letter............

 

 

Kumar Doab (FIN)     31 July 2017

Service certificate should be supplied to all employees.

The state of Karnataka has notified Grievance Redressal Committee and you can approach senior officials of Dept. of Labor..............

Log onto website of Dept. of Labor and you will find List of Trade Unions and they can guide,support and help you.......

There are many employee's unions that you can approach.....

https://labour.kar.nic.in/labour/trade-unions-list.htm

 

 

Kumar Doab (FIN)     31 July 2017

GOVERNMENT OF I(ARNATAKA Karnataka Government Secretariat, Vikasa Soudha, Bangalore, No. LD 53 LET 2013  Dated:25-O | -2O 14

https://labour.kar.nic.in/GOVT-ORDERS/LD%2053%20LET%202013,%20DT%2025-01-2014.PDF

 

Kumar Doab (FIN)     31 July 2017

You have not repleid to all points, pointwise.

You may try by  approaching  Inspector appointed under Karnataka Shops & Estbs Act, Payment of Wages Act, O/o Labor commissioner, Civil Courts.........

 

A very able senior local counsel of unshakable repute and integrity specializing in labor /service matters can guide, support and help you............

Kumar Doab (FIN)     31 July 2017

The Indian courts of law have consisitently been declining tof enforce Non Compete clauses/agreements as these hits right to earn livelihood and provisions of Indian Contracts Act...........

 

Vishwa   31 July 2017

Dear Sir, I have been removed from the PSB banks services which shell not be a disqualification for feature employment. Now in my service letter they mentioned Employee is removed as a penailt and suspension so on.. is it the way they have to give..? Because I received same reply when I asked please help me I'm waiting for your reply

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