Relieving letter

file a complaint in the office of labour commisssioner that when you have paid for all the deficiencies as required by the company, then why should they not issue you the relieving letter as well  as experience letter.

Thanks for the response.
 I am following up with one of the HR from the company and he is telling that he needs to get an approval from Project Manager to alter the data which is there as Absconder in database. He is not quite sure he would be able to do it. I have tried all possible way of explaining them my situation, Is there a way in which I can approach them which would ultimately give me a better result, since I do not have much time left to file complaint in labour court.

Kindly Explain.

Thanks in advance.

Mr. Vatsa has given valuable advice. Kindly follow it.

Your company may grant relief during conciliation proceedings itself.

You may request the good offices of your appointing authority, MD, Chairman, Company Secretary in writing under acknowledgment  and narrate all incidents and conclude that you have not absconded and have complied to all norms dictated by company and tendered notice pay as per clause number………of your appointment letter dated……….and demand the service certificate, relieving letter.

Reliving letter is issued post all settlements by employee and you have settled and hence nothing is pending at your end. You may demand these to be supplied to you say in…….days as suitable to you. If good offices do not grant relief you may have to approach the courts of law.

As per Industrial Employment Standing Orders Act service certificate should be supplied to employee.

HR is bound by employer policies and has to serve its master.

The internal employer policies of the company can not be above the law.

Thank you for all the valuable feedback, I will update the thread in few days time.

Please find the attachment and let me know if I can send the same copy to my HR Head as a registered post with acknowledgement or please recommend changes if any.

Thanks in Advance.

Instead of personal issues you may mention sickness of father {quote medical diagnosis and condition requiring chemotherapy} and thus a situation requiring his son by his side.

You have not claimed that you have not absconded and claim of company that you have absconded is false. You may emphasize that not serving the notice period is not abscondment, and the interpretation of the company is wrong and arbitrary.

You may also emphasize that you have tendered notice pay as per clause number……..of appointment letter dated………issued to you.

In list of enclosures you may prefix copy of ………

You may address your representation to your appointing authority,MD,Chairman,Company Secretary, and may mark a copy to Head-HR.

I will make those changes, Kindly let me know if you want me to send a copy of everything via email or a registered post from my appointment letter till the DD xerox which was sent to them. But only problem that I see from my end is as mentioned in my thread I had informed my TL via a formal resignation email but I do not have a copy of it, Will that be a problem?

Thank you very much for helping me with all your valuable suggestions.

You may address your representation to your appointing authority,MD,Chairman,Company Secretary, quote the reference of email dated..........sent from email id.............to Mr/Ms..............designation............dept...........address...........at email id................and request to provide you a copy of the email and you may also request to allow you to examine your personnel file kept and maintained at Head office of the company.You may send it by redg. post followed by email.You may obtain delivery report  of redg. post { which is given by internet generated document without any charge} and POD{ which is given on payment of Rs.10/-} from post office.

Has the company mentioned date of resignation in “Employment Closure Notification”?

Has the company supplied you any FNF statement?

You may attach this notification in this thread.

Please find the attachment and suggest, Intersting part is they have deducted 1000rs for ID Card after surrendring it but I had sent them an email asking for an explanation on that but they did not reply. I am planning to send a last reminder to Ask HR Team before sending a registered post, Is this a good idea?

You may submit a final representation to good offices. It shall be appropriate to consult elders in the family/competent and experienced well wishers/trained legal mind, lawyer/law firm on the draft of your representation to good offices, and let them structure it to suit you in the long run.

Company has stated in

281313725_pfa.docx

That: “as per company’s separation procedure”, you have absconded and no experience letter, relieving letter shall be issued to you.

Has this procedure been stated in appointment letter issued to you, HR policy, employee rule book/service rules, issued to you. Has the company ever circulated HR policy, employee rule book/service rules to you/all employees or placed these in the knowledge domain of the employees’ e.g. employee portal at intranet?

Apparently the company is quoting its internal policy like constitution.

Did you accept this letter and sign your acceptance on the letter?

You could have protested and declined to accept the various statements, abscondment expressed in this letter even if you accepted to tender notice pay. In other words you could agree to tender notice pay but declined to accept other statements declaring them as incorrect, in writing.

It is felt that you should let a competent and experienced labor consultant/service lawyer examine your appointment letter, HR policy, employee rule book/service rules of the company.

Your designation may fall within the category of a workman. However let your counsel examine your duties, merits and give final opinion and suggest appropriate forum to you. Your lawyer may prefer to issue a legal notice.

It is felt from the attachment that your company is IT/ITES/BPO.

Is your company a SME and located in SEZ, IT Park? Many states have granted such companies exemption from the provision of Industrial Employment Standing Orders Act, some provisions of ID act, SE Act {office timings etc} etc.

SE Act is applicable to such companies.

You may refer to IT/ITES/SEZ/SME policy of your state.

You may look into the attachments however you may obtain the latest version from Dept. of Labor website or market. You may also look into website for software technology parks of India:

https://www.mah.stpi.in/

--Karnataka IT Policy;

Labour     Laws    Simplified

9.20    The   IT  sector   is  subject  to  several   labour   legislations   like,

State    Enactments:
 

--Karnataka labor Policy 2012, SE Act is enclosed.

You may go thru these carefully.You may obtain latest version if any from labor website or market.

After issuing me offer letter and appointment letter I was there for 11 months in which they did not give me any sort of notice nor my colleguages who were working with me were aware of and also nothing was there in intranet. But claims that these things are mentioned in exit policy but we did not had an opprtunity to look into it. What is the chances of me getting the papers? Also if you see in that notice they have clearly mentioned that " Failed to settle the dues will make you liable for legal action. Further, no experience or relieving letter will be issued for you ". By this what I understood is after clearing the dues they should give me my experience or relieving letter, Kindly correct me if I am wrong.

Company is a  SME and it is SEZ, IT Park.

Kindly let me know the chances of me getting the papers, I am worrierd about my future.

Employee should apply rapport,goodwill and exceptional levels of reasoning,negotiation,persuasion,persistence skills and resolve the matter in his favor.

You may first exhaust the option of geting the relief from good offices of your company.Once good offices deny you have the option of apparoaching your lawyer and appropiate forum, which may Labor office or civil court.

Valuable advice of learned experts/members is sought.