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Shashank   16 June 2015

Relieving letter issue

Hi,

I am working in the company for 1 year, and i have notice period of 3 months. I have resigned duly, and want to serve complete notice period and get relieved. Now as the company is not getting another employee in place of me, they are forcing that they wont give any relieving letter to me.

What should i do now? I already have asked my new company to wait for 3 months, i cant ask them for more.

Please help.



Learning

 6 Replies

Anil Upadhyay (Lawyer)     16 June 2015

You are free to join other company after serving your notice period. Please ensure that you have proof of your resignation, otherwise company can deny it. Tell new company about current situation and provide them documents required to satisfy the queries, which can be raised in respect of tenure of employment.

Hope you got the answer..

 

Shashank   16 June 2015

Hi,

Thanks Anil. But only proof of resignation works? And if i dont have any other document such as relieving/experice letter, wont this cause issue in future?

Also, legally speaking, can i do something? Such as notice to company, etc. How long does that procedure takes?

Thanks.

Anil Upadhyay (Lawyer)     16 June 2015

Yes, proof of resignation will satisfy the new company, that you have severed professional relation from your previous company and are keen to join them. Basic purpose of relieving letter is that to ensure that the employee is not involved with previous employer and  will serve them only, efficiently.

Yes, you can legally proceed for harassment, torture, breach,etc.

Hope you got the answer..

advocateanilupadhyay@yahoo.com

Shashank   16 June 2015

Hi,

Thank you. I will contact you on your email id if things worsen here.

Kumar Doab (FIN)     16 June 2015

 

The notice period of 90 days may not necessarily be applicable to you.

Is the next employer willing to absorb you without service certificate, relieving letter……………..and is it buying your notice period?

Resignation can be without permission and notice!

Relieving letter only signifies that; Employee has separated and nothing is pending against employee.

If employee has decided to retire by resignation then employee shall chose the date of retirement/LWD/expiry of notice period.

 

>>> What is your current  establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking Life Insurance etc?

How many maximum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

Is there any clause on arbitration for all matters in appointment letter?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

 

What is the notice period inserted in appointment letter?

What is the notice period tendered by you?

 

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions, insurance employee’s unions?

What was your monthly salary?

 

Who has declined to accept resignation and issue relieving letter? Did you record it (audio/visual/witnessed/minuted)?

 

Did you inquire with HR verbally or in writing?

Did HR reply verbally or in writing?

Did you escalate further to good offices of apointing authority,MD,Chairman in writing under proper acknowledgment?

Is it stated in appointment letter, HR policy or any other policy or rule that you can’t be relieved until your replacement has joined?

 

>>> Have you consulted eldders in the family, employee’s/Trade Unions, insurance employee’s unions, Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in Labor law matters?

 

Have you been ever a member of any unions:::: students union while studying, employee’s unions while employed, trade unions while employed, etc………..?

 The people that united are well informed and supported also.

 

The first thing you should do is to become a member of employee’s unions, trade unions…………… A member while employed can lodge complaint with them in writing under proper acknowledgment  and then proceed further………………….

 

Are you aware that in many states private banks/insurance companies employees have formed unions........................and ‘Works Committee’ in a company is an authority under ID Act……………….In many states it has been made mandatory to have GRC……………………….Employee’s can form IC,GUILD etc?

 

The union leaders know precise ways to drill sense into the heads in such matters

You should provide full information, pointwise!

 

 

Anil Upadhyay (Lawyer)     16 June 2015

Sure, Shashank you can mail me whenever you need.But still there are many options to avoid this situation right now if you want you can contact me and send the scanned copy of your appointment letter.

You can mail me and ask for contact number if required by you.

 

Thanks

advocateanilupadhyay@yahoo.com


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