jugal (a) 26 January 2010

How can i get my releving letter from previous employer

Hi Team,

I would like two share you that i was working in XXX very small organization in 2004 to 2006 where i submitted my proper resignation and get the hardcopy of receiving through HR manager with company stamp but after 5-6 days the company owner called me and said I would not require you more please leave the company and also said we can't provide you the reliving letter. I requested him lot but he abused me in very wrong way after that I submitted my company card, Phone sim card to HR manager and get a hardcopy receiving through HR manager.

Now when my current company inquire my background from My XXX Company he is provided a negative inquired and said the resignation acceptance document is fake while this was signed by the dated acting HR manager.

I would request you to please clarify is the receiving singed copy of HR manager is treaded provide me a legal way how can i get my reliving letter from my previous employer.

Note: - Resignation certificate have the Effective date of resignation but does not contain the End date and the XXX Company mentioned a clause in confirmation/appotiment letter that I need to serve a 1 month notice but there no clause for Buy the notice period.

Thanks & regards
Jugal

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8 Replies

V. VASUDEVAN (LEGAL COUNSEL) 27 January 2010

Please provide details of whether the company is a firm (proprietary or partnership firm) or a private company and the location of the establishment - also it is a factory or a commercial est. etc. the local labour law has to be relied for quick and effective relief.

vasudevan

jugal (a) 27 January 2010

Hi Sir,

Thanks for your prompt response, the company is an private Limited software company situated at nodia but as per my knowledge owner run more than one Pvt Ltd. company in same floor now he changed his company name from X to Y and I would require the reliving letter of X.

If you understand my case, please advice me in legal way how can I get my relieving letter ASAP.

Please let me know if u requires more information’s

Thanks & Regards,

Jugal

V. VASUDEVAN (LEGAL COUNSEL) 27 January 2010

The company should be coming under the purview of the U.P. Shops and Establishment Act. Issue a notice to the company asking for the relieving certificate and also write separately write to the local labour authorities, explaining the factual position with supporting documents. It is advisable to meet the senior labour officials who can help you tide over this situation.

vasudevan

jugal (a) 27 January 2010

Hi Sir,

Thanks for your responce, can u please tell how long this process will take in labour court and what are the futher implication in my carrer for this.

Thanks & Regards,

Jugal

jugal (a) 27 January 2010

HI Sir,

I get the company detail, company is beging register in delhi address

Thanks & Regards

Jugal

V. VASUDEVAN (LEGAL COUNSEL) 27 January 2010

The matter is not to be referred to the labour court. Just a letter to the Labour Inspector or

the Assistance labour Commissioner and a copy to the Company. Things will be sorted out. Your demand is only for a relieving letter and a conduct certificate. Unless the company had found any major misconduct during your service and held proper enquiry they can neither give a bad reference nor hold on the certificate. However, word of advice is try to resolve the issue as amicable as possible. If it involves paying of a token sum as notice period or waiver of some dues get this issue cleared.

vasudevan

jugal (a) 27 January 2010

Hi Sir,

Sorry to disturb you again and again. Just bring to you notice that i was not able to serve one month notice period and the resignation it self not contain the last date of my duty because after 5-6 days my owner call's me and said get out from the company . I just have the receiving of resignation letter with effective date also from last 3 year I am not receiving any single mail from my previous company to do my full and final settlement. All the things are verbal talk.

I just want to now weather i am legally strong or not.

Appreciate your prompt response.

Regards

Jugal

Annapoorani (Software Engineer) 03 March 2010

hi sir..

I am working in very small concern for past one and half years.. I didnt sign any bond ,in the offer letter they didnt mention the notice period also.. but they said 30 days notice period at the time of joining. Now i got a job in a very big concern. they asked me to come join after one month.. So I sent a resignation to my company.. but they are not accept my relieving order . they are forcing me to work here .. they are not allow me to spaek also..

They are telling if u sent resignation also we wont accept .. they r telling when i feel that time i wil consider your resignation.. Wat can i do. .If i do anything they wil give bad feedback to my company if i go legally also..

can u give any good idea... Please very urgent