Relieving letter issue

>>> You are in Maharashtra. Does the company has an office at your location and is it registered?

 

What is this establishment: Commercial or Industrial or Small Enterprise?

How many persons are employed in it?

What is your length of service?

 

Are you under probation or your service is confirmed in writing?

Have you signed any BOND?
 

Have you recorded the threats (audio/visual/witness……………………….or by minutes) of employer/HR/Manager etc…………………..to falsify the records by declaring you absconding? You should!

 

Submit correct answer to these points for further discussion.

 

>>> You should download the record and keep it safely in files that nothing……………………..no tasks are pending at your end…………………………..and affirm to handover the charge…………………………….and thus justify your right to get proper relieving and relieving letter.

 

>>> The issues is that employee’s either do not unite or do not become members of unions do not form ‘Work’s Committee’/IC/GuilD,,,,,,,,,,,,,,,,,,,,,,and are ill informed to handle their issues……………………..then they are apprehensive to approach unions and lawyers even when they suffer…………………

So many employees post their matters but few of them learn how to deal with such issues effectively e.g;

 

 

 

 

 

 

https://www.lawyersclubindia.com/forum/Holding-of-salary-in-notice-period-of-two-months-109150.asp#.VBxRoJSSwb8

 

Are you aware that  ‘‘Work’s Committee’ is an authority under ID Act and employee’s can negotiate service conditions with employers……………………………..and that Chairman/President is from Employee’s side and the committee has equal number of employee’s as members?????

 

However discuss everything with elders in your family and choose the option that suits your aptitude.

 

 

>>> Notice period is not dependant upon whims and fancies of employer and any T&C inserted by employer in any private agreement drafted by employer and signed with employee.

The notice period applicable to you may not be even 30 days...............................................it can't be beyond as stated in Labor Laws applicable to the establishment.

 

In the meantime you may go thru following threads and you shall be absolutely clear:::

 

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM

 

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA

 

https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM

https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM

https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM

 

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM

 

 

 https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM

 

You may not sign the acceptance of FnF statement and later agitate to refund the excess notice pay collected from you.

 

>>> If employee has initiated separation by notice of resignation/resignation then date of separation/resignation/relieving shall be chosen by employee and not employer!

Date of relieving can not be preponed or postponed by employer personally or any one in line management, HR , admin,…………………………… .anyone……………….anybody………………..whosoever…………….whatsoever.

 

This is the legal position.

Employer can only make a humble appeal/request to employee to agree to stay……………….for…………….days………………….and affirm to pay wages at negotiated rate (old/existing/or demanded by employee).

Shortage of staff is Mangers/Employer’s problem and employee has nothing to do with it.

Based on acceptance of resignation/notice pay you have firmed up your next venture.

 

You should have submitted notice of resignation addressed to appointing authority/Md by Redg. Post.

If the employer has installed some resignation software toll then it is mandatory to choose it for the employee…………………………Resignation is a personal matter and employee can notify in any manner known to law.

You have submitted the resignation that has been accepted by attorney of employer in HR and it has also accepted the notice pay……………………………….now the Manager (whosoever) can not make alterations, moreover effective date of resignation chosen and notified by  employee can not be preponed and postponed by employer……………………………………..without explicit consent of employee!!!!!

Has the employer refunded the notice pay collected from you?

 

You must explain the matter preferably in writing and convince the next employer that current employer is unwilling to issue relieving letter hence you should be absorbed on the strength of copy of resignation notice only. You should also negotiate to buy notice period and pay the notice pay unconditionally, immediately upon joining.

 

>>> You should be covered by the def. of ‘Workman’ as in ID Act, ‘Employee’ as in Bombay Shops and Commercial Establishments Act and may approach preferably under the expert guidance of an able Labor Law Consultant/Service Lawyer:

Inspector under Bombay Shops and Commercial Establishments Act, that is so employee friendly.

Inspector under Payment of Wages Act

O/o Labor Commissioner

Employee’s Unions/Trade Unions that are so active and effective in Maharashtra

 

>>> You may consult an able Labor Law Consultant/Service Lawyer with copies of Job advt, interview call letter, selection letter, offer letter, appointment letter, emails of resignation (last working day selected by me,payment, HR approval and manager not approving. My manager has also changed the date in the online resignation form from 30 to 60 days) complaints/communications lodged by you and any other communication on record and proceed under expert advice of your lawyer. Let all of your communications be drafted and structured by your lawyer.

 

 

 

 

 

 

 

 

 

Thank you Kumar for those valuable information. Please find below the details of the questions asked. Company has 2 branches one in Tamil na du (main branch) and one in Maharashtra and is registered with 5000 employees approx. I am a confirmed employee of this company in writing and working for 3 years now. There is no bond nor any signature taken in such scenario. This is an IT firm My offer letter clearly has one clause stating "employee must serve a 60 days notice or pay the amount for 60 days. The company can keep the employee for 60 days in case of pending projects." However I work for service desk therefore no project related work is carried out. I have spoken to the new employer and they have agreed to accept me without the relieving letter as of now however I need to submit it within 60 days after joining. What will be my next step as I need to join on the 1st of October? Will I complete my last working day as on 30th of September and leave the company if no exit interview or paper work done? How will I get the relieving letter? The company has recieved my payment in writing and management is informing that the amount paid will be refunded with fnf, 45 days after completing 60 days of notice. (Verbal). I have to submit the relieving letter within 60 days of joining in the new company otherwise they will not treat this as formal resignation and joining. When trying to speak to management they are only moving the case up and by doing so I have not received any solid answer although I have reached the vice president of the department. HR sit in Tamil nadu and only communication is through emails as they don't tend to pick up calls. They have stopped sending replies to emails as well. Kindly advise......

You have not clearly stated the location of Redg. Office of the company!

Have you signed any clause to register with NSR/NASSCHOM and did you register your profile?

>>>Standing Orders shall apply: until or unless state govt. has not granted any exemption.

If standing orders are not certified Model standing orders shall apply.

Model Standing orders: Sec13-18:Notice period for confirmed employee is 30 days only………..and service certificate, FnF wages are to be supplied on last day in office…………………………..and can’t be delayed for 45 days.

Even FnF wages are to be paid max. by usual pay day.

Employee can lodge complaint the moment his wages are delayed even by a day.

You have given sufficient notice and employer has to keep everything ready.

Service conditions inserted in appointment letter that are inconsistent with standing orders shall not survive.

>>> (Name of the state) Shops and Commercial Establishments Act was enacted to govern the service conditions of employees working in this Act and IT companies are covered by this Act……………..

Tamilnadu Shops and Commercial Establishments Act;41: Notice period for service>6 months=30 days.

Bombay Shops and Commercial Establishments Act;66: Notice period for service>12 months=30 days.

38-B: Standing Orders shall apply if no. of employees=>50.

 

Service conditions inserted in appointment letter that are inconsistent with this Act enacted to govern the service conditions of employees working in establishment covered by this Act, shall not survive.

There are many threads affirming it e.g.;

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM

https://www.lawyersclubindia.com/forum/Holding-of-salary-in-notice-period-of-two-months-109150.asp#.VB7oR5SSwb9

 

You will find list of IT/ITeS employee’s unions, Trade Unions in these threads. Shiv Sena also formed a union for IT employees.

United Employees can defend their rights.

 

>>> You may escalate to appointing authority, MD, Chairman,……………… mention in writing that no tasks are pending at your end and to whom you should handover the charge against acknowledgment on the spot.

You may attach tentative FnF statement prepared by you showing amounts payable by you to company, and amounts payable by company to you…………………………and conclude no amount is payable by you.

>>> Relieving letter signifies that nothing is pending at the end of employee………………..

Since company is not refunding even the notice pay in FnF it shall owe monies to you.

 

>>> You have not negotiated properly with next employer.

You should state preferably in writing that the current employer has declined to accept notice period of 30 days and you have tendered notice pay as discussed/advised  in interview and you can not provide relieving until or unless it is supplied to you by the employer and you can only provide the copy of notice of resignation tendered by you and you should be absorbed in employment on the strength of it only.

 

There is nothing called relieving letter in enactments , however service certificate is mentioned and it has to be issued to all employees on last day in office.

Relieving letter is privately coined term by employers and since it has become a custom it has to be issued or you shall loose your source of livelihood.

 

>>> Share this and all other threads mentioned above with all of your colleagues and IT employees/IT employee’s unions…………………..

>>> It is reiterated that you should consult employee’s union/Trade unions’ leaders and your Labor Law Consultant/service lawyer and proceed under their expert advice.

 

 

Hi Kumar. Sorry for the late response. The company is registered in chennai with a branch in pune. I have spoken to the HR and they have informed that unless manager does not approve hr is not going to do anything and leaving on the 30th and joining the new company will be considered as dual employment. They even offered to go legal if I want to bit they cannot do anything from their end.

Hi Kumar. Sorry for the late response. The company is registered in chennai with a branch in pune. I have spoken to the HR and they have informed that unless manager does not approve hr is not going to do anything and leaving on the 30th and joining the new company will be considered as dual employment. They even offered to go legal if I want to bit they cannot do anything from their end.

I have already spoken to my manager and have already reached the COO but they all are saying the same thing. Spoken to the new organisation and they are not willing to wait for 60 days. What can I do in this case? HR informed that this is as per the law itself and they or i cannot do anything unless manager approves. Need your urgent attention please. Also if I am allowed to submit a legal notice need information of a good lawyer as well.

I have already spoken to my manager and have already reached the COO but they all are saying the same thing. Spoken to the new organisation and they are not willing to wait for 60 days. What can I do in this case? HR informed that this is as per the law itself and they or i cannot do anything unless manager approves. Need your urgent attention please. Also if I am allowed to submit a legal notice need information of a good lawyer as well.

Has the HR stated so in writing?

Have you recorded the calls?

Once the employee has resigned he has ended the employer-employee relationship.

How can it be dual employment? How is it as per law?

Your next employer that shall benefit due to you is also not standing by you.

You can approach Inspectors under various Acts cited to you, your lawyer, employees' unions, trade unions or give up the next offer and remain in present employment.

However it is unlikely that current employer shall keep you in employment.

Although you can withdraw the resignation anytime before acceptance.

Consult elders in the family and along with them visit an able Labor Law consultant/service lawyer in person at  your location and take a decision that suits your aptitude and situation.

 

IT Employee's unions:

 

 

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

 

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/‎

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com

 

________________________________________

https://www.shivsena.org

 

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

     

 

 

 

 

Thank you for the reply. I have decided that I am going to stick to my decision and continue serving the notice period till 30th and then will leave this current organisation. All I need is what the laws state for employee resignation and the importance if any of managers approval and relieving letter. Whether it is possible to go for a legal notice or not?

I informed my hr regarding the policies and they verbally informed me that they can't anything until manager approves and also mentioned that this is according to the policy and laws (didn't say which law though ). As per offer letter I will be required to server 2 months notice or salary thereof in case I decide to leave subject to company's discretion, in the event of me having any incomplete assignment, the company will have the discretion to relieve me only at the end of 2 months notice. No where in the entire process I found that manager approval is mandatory except when I paid the amount for the remaining days of notice period they informed that manager approval is mandatory.

Resignation can be without permission and notice.

In case employer is going to suffer financial or some other loss and employee is unwilling to indemnify the employer against such loss employer may impress upon the employee to serve full notice period.

You MUST download the record that shall prove that nothing was pending at your end.

You should also state so in writing on record under proper acknowledgment that nothing is pending at your end and now onwards as already communicated by you in office routine duties be assigned to you that can be completed on day to day basis within and upto expiry of notice period/last date-day in office i.e. dated.............................................and to whom you should handover the charge within and upto expiry of notice period/last date-day in office i.e dated.............................................

You may narrate all representations by letter (thru Redg. post) addressed to appointing authority/MD (forget about COO/HR/Manager etc…) made so far by you by phone/emails/in person in office (mention names/dates/designations/address…………………………..brief minutes of discussion etc ) and let this be drafted by your lawyer so as to suit your long term interest.

Submit everything under proper acknowledgment as you are likely to land up in a dispute as your decision posted in your last post and company may declare you absconding as per some of its stupid internal policy.

Since a dispute has been initiated by company thri ITS HR, you may escalate to MD and exhaust all option for amicable settlement………………………………….

Since company has initiated a dispute you may demand that you should be allowed to examine your personnel file and also demand certified copy of your service card.

By which internal policy of the company Manager is authority to accept/decline acceptance of resignation?

It might be mentioned in HR policy/service rules and regulations mentioned in appointment letter.

Was it supplied to you before signing the appointment letter?

Is it available on some shared portal?

Obtain a copy……………………of such policy and all docs on record that shall be relevant to your case.

The company might block the access anytime and later it may not provide any docs even if it is custodian of records.

 

The Manager might have not been made an authority to accept the resignation b Board of the company.

The HR might have made some internal policy to influence the employees so as to satisfy its interest.

 

You may consult an able Labor Law Consultant/Service Lawyer with copies of Job advt, interview call letter, selection letter, offer letter, appointment letter, emails of resignation (last working day selected by me,payment, HR approval and manager not approving. My manager has also changed the date in the online resignation form from 30 to 60 days) complaints/communications lodged by you and any other communication on record, HR policy/service rules and regulations mentioned in appointment letter, and proceed under expert advice of your lawyer. Let all of your communications be drafted and structured by your lawyer.

 

Lawyers are skilled in conciliation/mediation/arbitration and your lawyer may succeed in getting you the relief without litigation/with litigation.

 

You may go thru:

 

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UeI3aNKAqWN

 

 

https://www.lawyersclubindia.com/forum/Not-giving-salary-for-the-last-2-months-48187.asp#.UqWXbtIW1MA

https://www.lawyersclubindia.com/forum/Can-i-send-legal-notice-to-my-employer-108857.asp#.VBrRGZSSwb8

Many Union leaders are skilled and can help you.

 

You should obtain firm support o your next employer due to whom you are landing in such soup and build enough record to sue them too, if the need be.

 

 

BE SMART.

The querist has been properly addressed and advised by expert Mr. Kumar Doab, you may follow his advises.