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sapna   07 June 2016

Relieving letter

Hi Everyone,

Can you please help me to understand if i can file a case against my employer for not issuing me my reieving letter though i have worked with Organisation for approximately 2 Years. As per appointment letter i was asked to serve notice period of 1 Month and i was able to serve 13 Days only.I sent them resignation email which they never accepted. I kept them informed via email that i wont be able to come to office going forth but will be avaliable if in case any help is required. They didnt issue me entire months salary and they are denying relieving letter and no-dues certificate as well.They are stating that i havent served notice period and havent done proper handover so wont be eligible for relieving letter(which is very imp. for my future prrospects).

Kindly suggest the way forward.

Regards

 



Learning

 6 Replies

sapna   07 June 2016

Try to add value to the discussion, with your each post.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 June 2016

You can approach labour commissioner office near your working place  and submit your grievance there. They will pursue the complaint and you have to follow up.

Kumar Doab (FIN)     07 June 2016

You may post the exact extract from appointment letter on termination/resignation. ( Noted: 30days as per your post).
 

What is your designation  and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations?


You were in which state ?


What is this establishment; Commercial/Industrial (e.g IT company) ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

 

You were under probation/confirmed?

 

Do you have acknowledgment of notice of resignation and its POD?

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................asked you to stop coming to office ( Noted; You have sent emails)? Did employer reply to these?

Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement?

 

Has employer supplied anything to you in writng, till date?

Did you record the calls etc?

What was the max. number of employees this company had any point of time?

 

 

sapna   08 June 2016

Hi Sir,

Thank-you for replying.

You may post the exact extract from appointment letter on termination/resignation. ( Noted: 30days as per your post).-  

  • On satisfactory completion of probation, either party may terminate your employment at any time by giving to other party written notice of 1 Month. However the company, at its discretion agrees to terminate the employment by payment of 1 Months salary in lieu of the notice.  Notwithstanding the above, the company reserves the right at all times to terminate your employment forthwith without notice or payment in lieu of notice by the way of punishment for misconduct under the companys service rules. In such an event, without prejudice to the companys right at law and/or under other provisions of this letter, the company shall pay only salary earned by you to the date of termination. By employment with the company, you expressly authorize the company to deduct from any payment due to you at any time including from termination or severance payment, any amounts owed by you to the company unless otherwise prohibited by law. The Company shall be entitled ot offset payment of any pro-rated allowances, etc. against salary due and to withhold amount that may be required by the relevant authorities.

What is your designation and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations?  -

  •  I was working as Sr. Recruiter and it was same as mentioned in letter and the kind of work I was doing.  
  • No I never had any power to sanction (not just recommend) leave/increment/appoint/terminate.
  •  Yes my Supervisor could cancel/amend my recommendations

You were in which state ?

  •  Chandigarh

What is this establishment; Commercial/Industrial (e.g IT company) ?

  • Was into HR Consultancy /Recruitment firm

Does it have Certified/Model standing orders and does it apply to your designation?

  • No it never had

Are you a member of employees/trade unions?

  • No

What was your last drawn salary?

  • It was 20 K(They never issued me December months entire salary)

You were under probation/confirmed?

  •  Confirmed employee. I worked with them for approx. 2 Years

Do you have acknowledgment of notice of resignation and its POD?

  •  I had couple of discussion and sent them written resignation email on 18th Dec which they never accepted and final email I sent them on 31st that I wont be coming to office. To which they never issued me entire months� salary and not issuing me relieving letter as well.(I HAVE COPIES OF EMAIL SENT ON 18TH & 31ST RESPECTIVELY)

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................asked you to stop coming to office ( Noted; You have sent emails)? Did employer reply to these?

  •  They never asked me to not to come to office as I had to leave due to some reasons) I sent them email on the last day (i.e post 13 days of sending resignation)mentioning I wont be able to come going forth.

Do you have salary slips of all months, last month, PF a/c slip of each year, Form16, FnF statement?

  •  I have bankaccount statements showing salary credited from Company.

Has employer supplied anything to you in writing, till date?  

  • I have appointment letter & Letter of Intent

Did you record the calls etc?

  •  No

What was the max. number of employees this company had any point of time?

  •  20 +

Kindly suggets the way forward

Thanks & Regards

Sapna

Kumar Doab (FIN)     08 June 2016

As per the extract they have to pay you till LWD and notice pay in lieu of notice period is applicable.

Relieving letter signifies that employee has separated and nothing is pending.

The employer should supply the FnF statement shwoing computation of earned wages till LWD/leave encashment/bonus/reimbursments/incentives etc and adjustment of notice pay ( as written by them ) and may demand shortfall if any from you, as per correct FnF statement.

 

You may request in writing under proper acknowledgment, the good offices of appointing authority/MD, to supply all documents mentioned above thru Redg. Post so as to reach you sday within next......................7days. Highlight your contributions,achievements, rewards, awards etc and indicate (INDICATE) that you were never issued any stinkers/charge sheet/show cause notice.

If possible meert and resolve.

Record the meeting and keep some witness. 

Submit minutes in gentle tone.

 

Still if the matter is not resolved, with your own skills, come back. You may have to lean on a very able labor Law consultant. Then you may send your contact details.

 

 

Kumar Doab (FIN)     08 June 2016

It is practically not possible to remember all threads.mention the weblink to your thread in PM.


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