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Abhijit Ghosh (Consultant)     21 June 2016

Relieving letter/experience certificate not issued

Dear Valued Member,

I was worked with a reputed financial company for 7 years and didn't served notice period instead I have paid Salary through Demand Draft in lieu of Notice Peiod (as per appoint letter terms) {Terms: One Month Notice or One Month Gross Salary}.

After Full & Final Settlement with my ex company I requested them through email to provide me a relieving letter or experiece certificate and I severally followed up with HR personnel under a CC to HR head but they denied to provide the same and received a threat email from HR personnel that if I write them email repeatedly they may lodge defamation case on me and they will write to my banker, my present employer to make a bad impact (received written email) and after that I made sorry to them I stopped asking for certificate.

Considering the above situaton kindly guide me do I have any legal rights to get this certificates or any process to get certificate. Kindly guide me.

 

Advance Thanks to all Kind hearted guidance.

 

Regards,

Abhijit Ghosh



Learning

 6 Replies

Kumar Doab (FIN)     21 June 2016

The reply of HR may get termed coercion, threat, intimidation, defamation, discrminatory retaliation.

You have posted same and many queries, many times. You have not replied to the points raised by experts, to help you. It seems that you have not acted on the suggestions also.

You have posted in one of the threads that you are practicing as Tax Consultant, Other threads it is your query, in other threads it is your brother's query.

 

Kumar Doab (FIN)     21 June 2016

 

Kumar Doab (FIN)     21 June 2016

If you are unable to reolve on your own lean on a very able counsel specializing in labor-service matters.

Ritesh Maity (Labour Law Advocate)     21 June 2016

Originally posted by : Abhijit Ghosh
Dear Valued Member,

I was worked with a reputed financial company for 7 years and didn't served notice period instead I have paid Salary through Demand Draft in lieu of Notice Peiod (as per appoint letter terms) {Terms: One Month Notice or One Month Gross Salary}.

After Full & Final Settlement with my ex company I requested them through email to provide me a relieving letter or experiece certificate and I severally followed up with HR personnel under a CC to HR head but they denied to provide the same and received a threat email from HR personnel that if I write them email repeatedly they may lodge defamation case on me and they will write to my banker, my present employer to make a bad impact (received written email) and after that I made sorry to them I stopped asking for certificate.

Considering the above situaton kindly guide me do I have any legal rights to get this certificates or any process to get certificate. Kindly guide me.

 

Advance Thanks to all Kind hearted guidance.

 

Regards,

Abhijit Ghosh

Your ex-employer suing you for defemation for writing to then asking for experience letter is the most hilarious things I have heard today. :)

On the other hand, as already mentioned above, you can infact sue your employer. There is no specific law which can compel the employer to issue the releiving letter. But you can keep on asking through email (it is free) and marking the copies CC to each and everyone of the company (they will not be able to sue you for defamation).  

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Kumar Doab (FIN)     21 June 2016

In other threads initiated by you it has already been narrated in detail that 'Service Certificate' is duly inserted in statue/instrument of law.

So if you are covered by the enactments you have to be issued with  'Service Certificate'.

Relieving letter signifies that employee has separated and nothing is due against employee.

You have duly tendered notice of resignation and notice pay in lieu of notice period.

Relieving letter has been made a precedence by employers and non issuance is vindication to render employee unemploybale.It has to be issued.

Since you have been unable to resolve the matter on your own it shall be better to engage a very able counsel  specializing in labor-service matters.

 
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