jithesh thomas 15 January 2016

Relieving letter

Hi Have worked with My previous organization( Fareportal) from NOV 2006 - April 2013. I along with 100 other employee resigned in the month of April and as My notice period was for 15 days I asked them to adjust my leaves with the notice period.

Then i joined another company , but my previous organization ( Fareportal) filed a summon of 50 lakh against every employee who joined with me . The contract said i cannot work on the same field for atleast 2 years.

Now i got an opportunity to work with accenture and they need my first organizations relieving letter. I called them ( Fareportal) and asked for relieving but the refused to pay my gratuity or relieving letter.

Please advise should I approach a lawyer. What Should I do as I need to submit my relieving to accenture within a week.

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2 Replies

G.L.N. Prasad (Retired employee.) 16 January 2016

Contractual obligations prevail as employer might have spent some amount on recruitment and imparting training particularly in sensitive fields like softwhare, where piracy is not ruled out by the employees.

You can first pay the amount under protest and then contact an advocate for recovery of that amount, if experience certificate is urgent in nature. Before taking such decision, consult competent advocate.

Also request your new employer for giving atleast one month time for providing relieving certificate for unforeseen problems with past employer. Some organisations (present employer) even pays such amounts directly to past employer, depending on merits of the employee.

jithesh thomas 19 January 2016

i don't mind cunsulting a advocate . But bit worried if my advocate loses the case and Fareportal backfires me shuold i be forced to pay the 50 Lakh which they filed against me