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Yathish   24 April 2024

Unable to get the relieving letter from previous employer

I have joined in a 3rd party payroll company at 16-04-2021 as a Software developer and deployed into a client location. It is an onsite opportunity so I have to go to office 5 days in a week. Since that was a pandemic situation in 2021, I got covid positive in the month of June 2021 and I was admitted into one of the hospitals in Bangalore and it took 1 month to recover. Later because of me my family members got covid positive and I had to look after them in my native. So all these reasons cause to drop my resignation in very short time at 09-08-2021. I have dropped a formal resignation mail to my HR. But my HR replied to my resignation mail saying “As discussed, your resignation dated on 9.8.2021 is not accepted . if your resignation is considered then you need to serve the notice period of 3 months as per the company policy. Please do provide the KT to the next hiring and can leave the client . ” . I have explained my situation and I said I can survive only 1 month notice period so they have agreed for this negotiation. They have created a WhatsApp group with their legal team and in that chat conversation my HR clearly mentioned “As discussed with mr. Raksh*th , I got to know that u will be supporting for one month...please lets have relieving properly”. So as I said I have completed one month support/KT on 11-09-2021 and I have Informed to my HR but my HR said that they don’t have any idea that I’m giving support/KT, also they asked me to share the timesheet with them. As they asked I have shared the timesheet with them on the same day. 

After that day they have not responded to my messages and my salary for that month not credited also they didn’t send the relieving/experience letter. But at the same time I got another offer from some other company and they asked the reliving/experience letter but I have genuinely explained the situation and they accepted it. Now I wanted to switch the company so I got the new offer from one of the MNC. I went to the Aatral Technologies office directly to get the experience letter but now they are refusing to provide it. The offered MNC company processed my profile for BGV. While conducting the BGV my ex-employer responded with Absconded candidate status. I have all the records that I have followed all the exit formalities.
       1. I have the copy of my resignation mail.

       2. I have the chat conversations happened for notice period negotiation with my HR & Legal operations team in the WhatsApp group which was created by my HR.

        3. I have the copy of my timesheet submission mail for the 1 month notice period duration.

Now the MNC company which I have got the offer is in hold because of the BGV issue happened with my previous employer. I need to sort this issue and I have to provide the relieving/experience letter asap. So that I can get the offer letter from this MNC company.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 April 2024

You issue a legal notice mentioning all the details and demand the relieving letter and also your dues from the company.

After that you can take legal action as per law 

1 Like

Real Soul.... (LEGAL)     24 April 2024

It is better to apporoach the company and settle the issue amicably, since the contract or offer letter signed by you is binding it is for you to prove that yous erved the purpose. If they refused to cooperate then you have no option except issuing legal notice with calim of loss and damages

1 Like

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