Employer not issuing relieving letter

After your manager has the company issued acceptance of resignation?

Has the company issued any condition for acceptance of resignation in writing or demanded in writing that you sign a non compete, non solicitation agreement etc……?

In the link to another thread provided to you the employee has sent enough communications to company and has built favorable written record.

And now he shall be protected to an extent.

 You may not be able to handle the HR, Line managers, employer on your own.

Pls consult elders in the family, competent and experienced well wishers, lawyer/law firm and proceed under expert advice, submit carefully structured communications under proper acknowledgment by redg. post and build favorable record.

Yes Sir our manager has accepted the resignation. But our company have started there own rules from past 6months like taking sign in document which contains not to join competitors. Recently one of my collegeaue (Female) have resigned the job and she collected the temporary relieving letter by signing into that document. And they are threatening like will be giving court notice if u join the competitor company will make you not to join any company for 2yrs. So what to do in this situation. how long it takes this problem to be solved.

 On line discussions have its own limitations.

Does your position provide you custody of sensitive information, data protection etc?

You should take extra care on what you print, download, forward, so that company does not succeed if it charges you for Breach of Trust………………… and what you submit to next employer in writing about clients etc of past employer.

 Has the compnay shown the copy of agreement to be signed by you?

You can demand the copy of the agreement in writing.

Most likely compnay won't reply in writing and may state verbally that this can not be provided.

Leave no chance for the company to level allegation for Breach of Trust.

 Finally: you and all affected employees along with your elders in the family, may show copy of appointment letter, non compete agreement etc to a competent lawyer and proceed under expert advice of your lawyer.

Avoid acting in haste and on your own.

The shrude line manager, HR personnel, employer may obtain signatures on some languauge which you may not understand.

 If you make up your mind to sign this agreement do not forget to keep a copy.

Sir ,

I am working in Pvt company . I am having service aggrement for 2 years, but i got good offer from other company .Now I want to break the aggrement . kindly give advice . Please tell me diff between bond and service aggrement.

Regards,

Dinesh J.

@ Dinesh,

Always start a new thread

This is a very old thread and may not be being read by many of the experts/members, visitors.

You may show the job advertisement, interview call letter, selection letter, offer letter, appointment letter, bond, to a competent and experienced labor consultant/service lawyer specializing in such matters, and let him draft and structure some Representations/ communications so as to build some written record in your favor before you resign.

In the meantime you may go thru attachments.

I have resigned my job through mail and I have served 30 days notice period as per the app letter with my previous org. Now they are not relieving me. I have sent a mail requesting for release order but they are refusing the same. I told the situation to my new employer but still they are asking me relieving letter. Please help me what actions i can take against my previous org. I have all the proof sent through emails. 

Dear Sir,

I have resigned from my company (pharma company) .I wanted to work but they have forcefully ask me to resigned immediately from the job & before my resignation another person has joined in same place with same designation.Now I have resigned & joined other company .but previous company is not sending me relieving letter & they have hold my july expenses .cheque  .not giving .

what should I do .should I take legal action or wait for some time .I have send many request letter.

I had clearly mentioned that as per your instruction I tendering my resignation.also mentioned that I resigned you will relieve me as well as my july exp.cheque will be given.

pl advise.

should I complain to police station or labor commissioner .

I was working as Regional sales manager.

Anoop Mukherjee

Raipur

hi,

    my name is praveen. i have joined my new company is before 5 days. we give knowledge tranfer and all in my place person will relieve tommorrow onwords. my previous company not given relieving letter and offer more package. i am willing that package and come back to previous company is possible.but still i am not submitted relieving letter, educational certificates and not given any bond. if i come back previous company. if any legal issues are there. if any one know pls clarify it.

Dear All,

I was working in a well known company as a consultant and deputed to work at one of its clients in chennai. My company headquarters is in mumbai and i'm from chennai. I got sick and taken a medical leave since january 2nd week and was released from project on february 15. The client decided to release me and i haven't submitted any resignation letter. I have given medical certificate and stated my condition to my company HR.

During March, My company email was not accessible and  called up my HR. He said my employment is terminated and demanded 3 lakhs for not serving notice period. It was the company decision to release me from project and i argued with him that i'm ready to serve notice period or any other project in the company.

The HR told that he will look for any new projects. But he did not give any email confirmation . He is not attending my calls. When i try to approach him in office he is off duty. I'm already sick and without any salary. I have a family to care for. I cannot apply for any new job without relieving letter. I'm living in debt.

I call him on an average of 3 times per day. He answers once in a week and tells me he is still looking for a project. My email is not accessible. I came to know from a friend that the company is in financial crisis.

Please suggest anything that can help me.

Majority of the employees do not update themselves and are ill informed.

Submit sick leave application with medical certificate.

Getting sick is no misconduct.

Your company has not terminated you in writing.

Hope you have not submitted any resignation.

Your engagement was on Contract of employment or Contract for service?

Who signed the letter (offer/appointment/contract)?

Do bnot remain entangled with HR and approach employee's/trade union leaaders and a labor Law consultant and under thier expert guidance approach INpspector appointed under:

Tamilnadu Shops & Estbs Act

payment of Wages Act

O/o labor Commissioner

I had already submitted leave application via email during mid february with medical certificate. But my mistake was i did not keep updating about my absence thinking i was in bench/out of project and trusting them as i was sick. But HR says my employment terminated due to long leave/not updating during march last week. I did not receive any email or call asking about my condition during that time. He has sent a full and final settlement pdf file demanding 3 months gross salary to my personal email and has not given any email statement of giving opportunity in another project.  HR is now demanding 3 months gross salary. I have discussed my condition with him and he told that he will arrange another project but he has not done so and not attending my calls since march last week. He attended my calls weekly once and said still looking for a project. I have told HR that im ready to serve notice period or work under any project but he seems to delay time further and further.

Offer letter is signed by the vice president-HR in mumbai

Company terminated me by writing to my personal email. 

Employment is permanent. 

I don't have money or job and unable to apply for a new job with no relieving letter. If i go legal against them how are my chances. Please give suggestions on what to do

The employee caqn submit leave application by post as well and upon resuming duty after having declared fit by doctor.

Before termination employer should have issued notices/show cause notice, and conducted domestic inquiry in accordance with service rules, enactments applicable to establishment/employer/employee.

In case of termination, notice pay should not be demanded by employer.

The employer as per you also did not provide duty/work after you got well.

Thus apparently it was a lay off/retrenchment.

However you may show all docs on record and give inputs to employee's/trade union leaders, labor Law Consultant and under their expert guidance approach appropriate forum.Your counsels may opine that you are covered by the def. of 'Employee' and 'Workman'.

I join a company before 3 years but don't have any written agreement i was fresher that time and I was needed job. So I did not care documentations. I told to my manager many times during job time for documentation. He makes a lot excuses always but never take an action for my documentation even no verbally communication regarding that. 

Conditions :

1) Company is small and my first day is equal to company first day.
2) No one is here for handover my work.
3) My boss is equal to my HR.
4) Salary on time every month in my account from company account.

Now I have another offer from another company. I want to leave my current boss any how. I am totally harsh to working alone here. I told to my manager many time to hire someone. But he always believe in work load and work 24 Hours. I have new joining after 20 days. What will I do if my current boss does not give any document or give more than 20 days notice period? 

Please help me 

@ Vab,

While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on termination/resignation,payment of wages etc ( NOted you have not recieced appointment letter order).

What is your designation and nature of duties in appointment letter and on record/ in practice?


You were in which state ?


What is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed?

Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?

Did you get I.Card, Visiting card,salary slips of all months, FnF statement,PF a/c number and a/c slips, ESIC card,Form16, acknowledgment of resignation, acceptance/declinature, service certificate,relieving letter, etc?

@ Vab,

Repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=137634&offset=0