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Vineet (Software Engineer)     14 June 2009

Relieving Letter Trouble

 Hi,

I was employed by an Organization for just 2 months and had to leave due to their frequent trends of layoffs and sending employees on leave without pay. When I resigned, they asked for 1 month notice period which I was not willing to give as , as per my employment contract, I could either give notice period of 2 months or pay Salary in lieu thereof. I gave a notice period of 15 days, finished with all my work in hand alongwith Knowledge transition to the person as directed by my supervisor and expressed my intent to buy out rest of the notice period in writing.

I was there for just 2 months but the management started bragging about project risk etc. (the same management which fired people who were on their honeymoon) , but I was not having trust in them and wanted to join another Organization where I could see lot of good opportunities for growth.

On my last day, the HR did not start the Clearance process even after several requests. I tried talking to manager, HR everybody but no one was ready to hear. Then I wrote them a mail saying I am not in possession of company related artifacts , submitted my company accessories to HR and left the Company.

The HR head was foolishly laughing when I asked him about my 1.5 Moinths salary which was on hold  and Full and Final settlement dates and simply said "Nahi hoga(won't be done)". When I asked him to give it to me in writing, he said "these things are not given in writing".

Now the next company I have joined is asking for a relieving letter. After such a episode, I do not think that talking away with my Old corrupt organization is going to solve my problem. My new Organization may or may not understand my situation.

I need your help for letting me know how should I go about asking my Old organization about my salary , Full and Final settlement and Relieving letter , in a legal way.

I am in lot of trouble now as my future seems to be in dark. Please help me out.

Regards,

Vineet 



Learning

 1 Replies

Binod Kumar Mishra (Government Service)     14 June 2009

Dear Vineet,

it is mandatory on part of your ex-employer to give you a relieving letter. as far as notice period and payment of amount for the notice period is concerned it has nothing to do with your relieving period. supposed neither they give you payment for the notice period nor they will curtailed the time, it is another expect, but they have to give you relieving order in affect to join you in new organisation.

if they don't be in a position to give it to you, better approach competent court at your place of duty with help of some advocate of repute.

 


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