Pardeep Dhingra 27 January 2016

Can i get reliving letter without serving notice period

Hello Experts,

I was working with one small LLP firm in Noida as software Engineer from 16 May 2011 to 2 Sep 2014. When I have joined that company my notice period was 2 months, but in between during appraisal my company has increased it with 3 months and added new clauses like If i will not serve notice , will not get Experience and Reliving letter. I have to left that company without reliving letter because we have clause that company will pay one month salary during notice and 2 months salary after full settlement and they have not paid money to even after 1 year to some of old colleagues who left with notice.

I was married and 2 months salary was damm big amount for me. I left that company with resignation email without notice and they didn't replied acceptance or denial of that.

Now I am working with a good company and they have accepted me without reliving letter. But now after more than a year, when I am planning to join a big MNC they are asking for reliving letter from last 3 companies. I tried to contact my old company for reliving letter or if they can issue letter after paying 3 months notice salary. But they are not replying at all.

Please guide me what I should do.

Thanks

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1 Replies

Kumar Doab (FIN) 28 January 2016

During appraisal it is technique applied by employers to get signature and acceptance on increment/appraisal alongwith renewed TC e.g. notice period and as in your case no issuance of service certificate/relieving letter etc.

The employee should be vigilant to accept increment that would otherwise also be as per appraisal matrix and decline other TC e.g. notice period and as in your case no issuance of service certificate/relieving letter etc.

Service Certificate has to be issued to all employees.

Relieving letter signifies that nothing is pending against employee.

It is felt that you shuld get your employment related docs and servcie conditions, nature of duties etc examined by an able counsel and your counsel may opine that the noticepay applicable in your case is not more than 15days.

Since you have supplied resignation it was responsibility of the company to reply and communicate on the subject.

You may avoid to act on your own and prefer to proceed further under expert guidance of an able Labor Law Consultant........................and let your able counsel draft your communication..........on the same email trail of resignation, to good offices of appointign authority,MD,Chairman,CEO that the certified copy of acceptance of resignation, correct FnF statement showing adjustment of notice pay/earned wages/leave encashment/bonus /reimbursments/incentives etc,Form16 as per correct FnF statement,NOC/NDC,service certificate,relieving letter etc be suplied by Redg. Post since the roginals have never been supplied to you as you have made a reprsentation to Mr/Ms........................in office/by phone/by email etc on dated...................................and let your counsel conclude the matter for you.

What was your nature of duties and designation?

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?