Naim (Clerk) 04 September 2016

Relieving letter

Dear Experts

I had been working in a teaching Institute, i had been under probation period for 1 year and then my confirmation was suppose to come.

During Probation period, terms and condition was that employee can be relieved by the employer by 1 month notice or 1 month pay in lieu of that to immediately remove the employee.

equally it was for the employee, if he want to get relieved either 1 month notice or 1 month salary in lieu of that.

Once the confirmation comes, notice period will be 3 months on either side.

I had completed more than 1 year, but my confirmation is yet to come.

I had got another good job, so i had given a notice of 1 month to the employer as well i had served 1 month notice period.

Now the employer says that unless there is replacement he is not going to give Relieving Letter.

I am in need of relieving letter as the new employer will not join me unless i get the relieving order.

My queries:

what to do now?

what are my rights?

i dont want to delay, as i may losse new job because of delay?

is it possible that the employer can deny the relieving order and ask us to continue the job till he get the replacement and then ask us to go, and at that time i will not have any job?

Please respond to my query

Regards

Naim

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2 Replies

KS Johal 04 September 2016

Generally if the Institute that you are teaching in are not satisfied of your abilities within the probationary period they may delay or go beyond the probationary period and give you another chance to prove yourself to the educational institute of your abilities. Because you have passed your probationary period and they in return are giving you a chance to prove yourself that you are worthy in their educational institute they have extended the probationary period in your favour. Technically and legally you are still under probation whether you have passed the probationary period or not. This means that the probation rules and regulations or terms and conditions that you have agreed and signed still apply. From your side if you are willing to lose one month's salary then they need to give you the option of leaving the educational institute. The terms and conditions that you had signed must be obeyed in law. They will need to give you a relieving letter but remember the relieving letter may not be in your favour. In the relieving letter they may state that you were under probation and you have not completed that satisfactorily but they will mention when you joined the organisation and when you left. Technically this means that you were incompetent in your job with the educational institute that you had probation with. Employers generally use the scenario that you cannot leave until we find a replacement. This is not legally binding as this is not part and parcel of the terms and conditions that you signed with the educational institute. The solution is that you write to your educational institute outlining the fact that you wish to leave the job and that you are not satisfied with the educational institute and therefore you are giving your notice to leave. I am sure that you have mentioned to your new employer that you are with an educational institute. You can explain to them as to what has happened and if your new employer agrees to you what you have told them definitely you will get that job. I hope what I have written helps you. please let me know if it helps.

Kumar Doab (FIN) 04 September 2016

You have posted that:

"I had completed more than 1 year, but my confirmation is yet to come.
I had got another good job, so i had given a notice of 1 month to the employer as well i had served 1 month notice period.
Now the employer says that unless there is replacement he is not going to give Relieving Letter.
I am in need of relieving letter as the new employer will not join me unless i get the relieving order."

Asking, saying, telling etc etc are all verbal mode of communication and not on record hence difficult to prove.

The employee and employee both are subscriber to the contract of employment and can not breach the T&C inserted in agreement drafted by employer and signed with employee.

Relieving letter siginfies that employee has separated and nothing is due against employee.

If next employer shall not absorb you without 'Relieving letter' then you shall be un-employable without Relieving letter.

Has the next employer stated in writing that Relieving letter from past employer is must? Confirm?

Have you written to current employer that without relieving letter you shall not be able to take up next employment and source of livelihood?

If YES or even if NO: You need to apply your skills and to get concurrence ( in writing) from next employer to absorb you on the strength of copy of notice and final resignation and its proof od disptach and delivery.

The employee has separated the moment employee has resigned.

Resignation can be without notice or aproaval.

You need to write to good offices of appointing authority,MD regarding notice of resignation tendered by you (attacg copy) and mention date of notice, notice period ..............days, LWD.......dated...........as per clause number...................in appointment letter dated..............issued to you.....................and asking to adjust notice pay in FnF statement and supply copy of correct Fnf statement.

You must mention that NO Tasks are pending at your end and your work has been duly appreciated.

Replacement is not your task however if you can support the current employer.