Rajiv Thakur 01 March 2016

My employer not issuing me a relieving letter

I had been working in a NBFC since last 6.5 years. Some days ago I have got an employment opportunity with one of the big private banks in delhi. I have submitted my resignation letter via email to my immidiate boss on 26th of February 2016 around 11.40 am. On the same evening my boss comes to me and says the management had accepted my resignation and asked to relieve me immidialy. I had asked him to furninh me a acceptance of my resignation and a releiving letter. He said you will receive a email reply soon and relieving letter some days letter. But till now I had not received any email acceptance of my resignation nor the relieving letter.

I had forwarded an email of the same resignation letter along with a detail descripttion of the incident to one of the Directors of the company but still in vain no reply from him also. My boss reports to this director of the company. whenever I call my boss he says that he did not get any instruction from the management in respect of my resignation acceptance letter and releiveing letter.

Now my position is as below:

My comapny is a RBI and BSE/NSE listed NBFC, who deals in Micro Finance and Corporate Loans.
The company do not issue any appointment letter to any employee.
I have Experiance certificate and salary slip signed by my boss.
Salary credits in bank account mentioned as salary account.
On 26th evening email passwords and other login creditentials has been reset by the tech team and I dont have the permission to enter the office premises.
I was working on decision taking position of the loan applicants. and for that I had to travel lot with expenses to be bear by the clients.
Many times on my vouchers the company had settled by travel bills.
I do not own or retain any company property.
till the time I left my boss or the director never complaints against me.
the company has inhouse legal team and they hired some corporate lawyers too.

I have conveyed the situation to the hiring banks HR, who require the relieving letter as compulsary document.

Now my question are

Is there a remedy in my situation?
What will be the next step or whom should I contact next?
If I want to take a legal opinion what should be those?
and whom I contact?

Please understand that this is a situation of my entire future life and resolve my queries accordingly.

Rajiv Thakur.

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3 Replies

Kumar Doab (FIN) 01 March 2016

Subsequent to previous communications you may narrate that, your access to internal comminications/emails are blocked and you are being allowed to enter company's premises w.e.f. dated....................i.e. the day your boss communicated you the decision that your resignation with notice period of ......days, is accepted with immediate effect you nee following documents:

...................and since you are not being supplied with these you are rendered unemploybale and have to be out of your next source of livelihood, hence thesde may be supplied immediately by Redg post so as tomreach you in next..................days.

If nothing works approach an able counsel specialzing in labor-servce matters.

NATARAJAN IYER (Proprietor) 02 March 2016

1) Relieving letter is a MUST only to see the NO-DUES part.

So, take a print-out of your e-mail after adding this paragraph.

' Please confirm the dues that the company owes me and the dues if I owe the company. Please clarify within one week from receipt of this letter. If there is no response, it would be treated as a mutual confirmation that there are NO-DUES and NO-LIABILITIES, whatsoever, on either side and the same being valid as a formal relieving activity completed to it's entirety '.

When you add this paragraph, their reply within one week or fifteen days, would tell you what is in their mind and you can plan your course of action after that.

SEND THIS BY SPEED POST ACKNOWLEDGEMENT DUE marking a copy to all the directors and top management members of the company and the HR director too and also the MANAGING DIRECTOR.

If you do not receive any reply from them within fifteen days, convey this to your new employer and show your letter and the speed post acknowledgement and the Proof of Delivery ( track the delivery on the internet www.indiapost.gov.in, take a screen shot and show to the new employer and say that the previous firm has received but chosen not to reply and hence it may be treated as confirmation of ALL-CLEAR.