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Raj Kumar (Astt. Manager)     05 April 2012

Reliving letter not providing the past company

Hi,

I was working in an IT company from 5-years. I resigned from past company and due to some personal problem (wife illness), I could not completed my 1-month notice period. I completed 3-weeks notice period, but I completed all pending task which was assigned to me. My reporting manager trying to force me that I have not completed my all task. I was not able to give one week more, since my wife's care became my first priority.  On the last day the company provide me only Resignation acceptance letter. They refused to provide me reliving letter. They said they will provide the experience letter after 45 days with Full and Final settlement. But new company need reliving letter. Now I am jobless and I am facing financial problem since my wife's medication is necessary.  Please suggest me what is the solution for these situation. Can I take any legal action against my past company?



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 1 Replies

Kumar Doab (FIN)     05 April 2012

Resignation acceptance letter, experience letter, FNF statement, last salary slip, shall suffice to be as good as relieving letter. Peruse and new employer shall understand it, and accommodate you.

Relieving letter is issued post all settlements and signifies employee has been relieved after settlement of all a/c, and there seems to be nothing pending at your end. Relieving letter has become a custom. Work experience/service certificate is to be issued which your employer has agreed to supply however after a long period of 45 days and your drudge is that without this you are unable to secure employment and you are in dire need of funds.

You have given 5 long years to the company. HR/line management might be declining due to some internal policy. You may submit gentle representation in writing addressed to the good offices of your appointing authority, MD, Chairman, Company secretary and highlight 5 long years of association, meritorious service record, sickness of your wife requiring you at her side and remaining unemployed due to this and need of new job and employer's demand for relieving letter. Hence request to supply these at once. Employer might become strict but there is a difference between being strict and being stone cold /inhuman. If nothing works you have the option of raking up the issue under SE Act applicable to your state, and with O/o labor commissioner. The wages of the employee should be paid on last day in office or within next 2 days.

 The mediclaim policy issued by employer is valid up to last day in office. Whenever you can you may obtain mediclaim policy covering your family and keep it regular. It provides additional tax relief up to Rs.15000/pa under sec. 80(D). Specified diseases are covered under 80(DDB). If you keep your policy in force you can be covered up to age of 80Y.

 


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