Reliving letter issue

Amicable solution is between parties that are involved.

In your case your Boss ( or employer) is unwilling.

So how do you anticipate amicable soloution until your Boss is willing?

Has the Boss issued acknowledgment and acceptance of notice of resignation/final resignation, correct FnF statement, Form 16 of al years and last year as per correct FnF statement, salary slips of all months, PF a/c slips of all years, ESIC card, acknowledgment of handover of charge/assets, NOC/NDC etc etc?

Originally posted by : Aditya
	I gave resignation letter to my company via email as well as hardcopy on 8th Dec 2016 giving them 1 month of notice period as mentioned on my offer letter (last working day as 6th january 2017). After I submitted reliving letter to my boss, he told that I need to give notice period of 3 months and not of 1 month, I said that as per offer letter given my company it is clearly written than I need to give notice period of 1 month only. Than he told me that i need to work for organisation for 3 months for free or I should pay him 3 months of salary if I want to leave early, as I told that I dont have that kind of money and also I have fulfilled every criteria as per offer letter I am not supposed to give you 3 months of notice period, due to this he didn't gave me reliving letter and experience letter (As I requested him very politly asking for reliving letter and work ex certificate, he said that I have no right to ask for reliving letter or experience letter and now get out of my office). After few months of time I had a interview call from reputed company(ERDA) and I was selected for final round, the H.R told me to give reliving letter, so I approached my old boss to requesting him again to give me reliving letter (I did request via email) he didn't gave reply of my email and also didn't gave me reliving letter due to which i lost the new opportunity. What should I do in this case to take reliving letter. The boss has prejudice for me as he wanted me to work in his company for minimum 3 years and since I gave resign after 1 and half year he started finding ways to trouble me. He has made up story that "  Aditya stopped coming to office without giving any reason r notice etc etc than Why should I gave him Reliving letter and work ex certi " though I have given my resignation via email as well as hard copy  (As per offer letter I have gave 1 month notice and I was informed about 3 month notice at after I gave resignation letter) Please gave me amicable solution.

The posts in red: Are these statements made in writing?

Do you have copy of  BGV, if any in your case?

What is issued to you;offer letter or appointment letter?

While posting such queries employee should post basic information! 


What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 
What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? 
Since how many months you are working? 
Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?

Is there any IC,Guild, Works Committee, Grievance Redressal Committee (in company or as notified in state)?

1) What is this establishment; Commercial, Industrial? 

Company is of propritor ship owned

2) What is its nature of business say; IT, ITeS?

Electrical testing of High voltage equipments like transformers generators mototrs etc

3) How many persons are employed in it?  What is your designation and nature of duties? 

Company had around 9 Electrical Engineers overall. I joined the company as Graduate Engineer Trainee and worked there for 1 and half year, I worked there as electrical engineer

4) How many persons report to you? 

zero person reported to me. I repported to my seniors and boss directly

5) Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

No. Only Proprietor (My boss sanction leave increment etc)

6) You are in which state?  Since how many months you are working?  Do standing orders (model/certified) apply to establishment and your designation?

I am from Gujarat. I started working for the firm in june 2015 and resigned on 8th Dec 2016. since january 2017 I left the organisation. I have hardcopy of offer letter which has mention that my notice period should be of 1 month. I have hardcopy of salary slips till Nov 2016. Company also registered me for PF account and credited PF amount regularly every month. I have submitted resignation letter via email as well as hardcopy. The proprietor didn't provided any type of acceptance of resignation letter in written but accepted it verbly. The proprietor clearly said that he will not give me reliving letter and work ex certificate.

I dont know about standing orders and stuff. sorry

7) Was ever any stinker, memo, show cause notice on any misconduct issued to you? 
No, we were a small team and worked together sharing opinions. I shared cordial relations with everyone. 
 

8) Are you a member of employee’s/trade unions?

No

 9) Is there any IC,Guild, Works Committee, Grievance Redressal Committee (in company or as notified in state)?

company dont have grievance redressal committee. Dont know much more about it.

10) Has the Boss issued acknowledgment and acceptance of notice of resignation/final resignation, correct FnF statement, Form 16 of al years and last year as per correct FnF statement, salary slips of all months, PF a/c slips of all years, ESIC card, acknowledgment of handover of charge/assets, NOC/NDC etc etc?

verbally accepted resignation but have no written proof for it. Company have not credited any salary since dec 2016 uptill now, and as per my resignation letter I left organisation on Jan 2017

ESIC - Yes registered

Salary and PF amount - credited regulary 7th of every month 

Company also took my insurance policy.

No all red liners you have marked are verbal communication.

I have send a request email "saying that I am getting new opportunity in ERDA so I am need of reliving letter so please give me that in hardcopy signed and stamped" 

No reply to email yet from the proprietor.

Originally posted by : Aditya
	No all red liners you have marked are verbal communication. I have send a request email "saying that I am getting new opportunity in ERDA so I am need of reliving letter so please give me that in hardcopy signed and stamped"  No reply to email yet from the proprietor.

It is good that you have minuted it.

Do you have POD of hard copy of resignation?

Has the Boss issued ............. correct FnF statement, Form 16 of all years and last year as per correct FnF statement, ..............., PF a/c slips of all years (and last year of employment) , ESIC card, acknowledgment of handover of charge/assets, NOC/NDC etc etc?

Ask to supply all of these................and salary slip of last month also.

All of these can suffice to be as good as Service Certificate/Releiving letter.

 

You have the option to minute these also in a gentle and amiable manner and language.

“due to which i lost the new opportunity.

he wanted me to work in his company for minimum 3 years

Aditya stopped coming to office without giving any reason r notice etc etc than Why should I gave him Reliving letter and work ex certi "

And conclude that you have complied with all T&C inserted in appointment letter issued to you, cite clauses and attach copy of it in same email trail, and request to supply of all of the docs.

Originally posted by : Aditya
	3) How many persons are employed in it?  What is your designation and nature of duties?  Company had around 9 Electrical Engineers overall. I joined the company as Graduate Engineer Trainee and worked there for 1 and half year, I worked there as electrical engineer

"he wanted me to work in his company for minimum 3 years"

Is it stated in writing in any document?

Did you sign any service agreement?

Do you have POD of hard copy of resignation? Has the Boss issued ............. correct FnF statement, Form 16 of all years and last year as per correct FnF statement, ..............., PF a/c slips of all years (and last year of employment) , ESIC card, acknowledgment of handover of charge/assets, NOC/NDC etc etc?     Ask to supply all of these................and salary slip of last month also. All of these can suffice to be as good as Service Certificate/Releiving letter.

Sir I gave resignation in private and confidentail cover via hand and not by any courier.

Sir I dont have any informationabout FnF statement, acknowledgment of handover of charge/assets, NOC/NDC etc etc. These are new terms to me. I dont have PF a/c slips and my PF account shows that my company has credited the PF Amount and also no ESIC card is issued by company 

In offer letter there is nothing mentioned about me staying in company for 3 years. 

Are you saying me to do an email demanding for these documents ??  and also to mention in subtle manner that i have fulfilled all T&C of offer letter etc.

So i will tell you what i have...

1) hard copy of offer letter

2) salary slip from June 2015 to Nov 2016

3) Bank statement of savings a/c and PF a/c showinf that my company paid me salary and PF amount regularly

4) email of my resignation

5) request email demanding for reliving letter as I got new opportunity (selected in final round in ERDA)

6) so called declaration sum experience certificate which company gave me while completing gate pass procedure in a project of IOCL - Gujarat refinery

All I want is reliving letter and experience letter, which I think I deserve as I have fulfilled all T& C of offer letter

If ESIC is applicable in your case, it should be provided.

NO private insurance cover can match ESIC.

It is in  employee's interest to get it.

If you PF a/c number, passbook and it shows credit of PF till Last month (whose salary slip is not probvided to you) then it is also a proof of DOJ-LWD.

Take help of elders in the family, competent and experienced well wishers, employee’s/trade union leaders, a very able counsel specializing in Labor/service matters to understand and be properly informed.

Remain amiable and gentle in all communications.

Seems to be more of ego issue and rigidness in employer.