Present employer not relieving
Kamal singh rawat
(Querist) 10 August 2016
This query is : Resolved
Dear all,
I m working in my first company for last 2.8 yrs and I got appointed to another company with better future and growth, I have given resignation on 1-8-16 but present employer is not ready to give me releaving letter, they are saying u can go with no dues but they will not give releaving letter. I have to join on 1 September and they are asking for relieving letter from present employer, I am very much disappointed and worried what should I do as I have no knowledge of these things, anyone please help me.
Kumar Doab
(Expert) 10 August 2016
'Ignorance of law is no excuse'.
Ignorance of rules, enactments,rights is detrimental to employee.
Employee should be properly informed.
Is your prospective employer willing to absorb you without relieving letter?
You have posted ; Almost: NO! ..........."I have to join on 1 September and they are asking for relieving letter from present employer"
Can you convince your next employer?
Kumar Doab
(Expert) 10 August 2016
Solutions can be suggested.
Question arises are you prepared to stand against arbitrary actions of employer(s) with resolve and do you have the aptitude for it?
It is your career and life.
You have to decide.
malipeddi jaggarao
(Expert) 11 August 2016
Mr.Rawat, many private companies do not issue relieving letter for certain reason. Your problem is to join with the new employer. You can convince the new employer with no dues certificate to allow you for joining. You have a talk with HR people of the new company and express your difficulty.
Kumar Doab
(Expert) 11 August 2016
You have posted that:
" they are saying u can go with no dues but they will not give releaving letter".
Apparently it implies that current employer ( thru its attorney's in Line Managers, HR personnel) is denying acknowledgment and acceptance of notice of resignation, final resignation, correct FnF statement, salary slips of all months and last month, Form16 as per correct FnF statement, handover of charge, NOC/NDC, service certificate, relieving letter, PF a/c statement, ESIC card etc ............
If you get everything (minus relieving letter) it may also suffice as good as relieving on record.
You have some time during notice period.
Apply your skills to resolve by your own skills with Line Managers, HR personnel, good offices of appointing authority/MD etc and build irrefutable written record for future use if required.
If you have realized that Line Managers, HR personnel, good offices of appointing authority/MD, have hardened their stand and you are not well versed to draft then lean on your able counsel now..............
Adv. Yogen Kakade
(Expert) 11 August 2016
The terms in employment agreement or bond executed with the earlier company has to be seen to get the way out. Or approach the office of Labour commissioner of your city.
Kumar Doab
(Expert) 11 August 2016
Relieving letter signifies that employee has separated and nothing is due against employee.
This has become precedence and is required to remain employable.
If employer is of the opinion that anything is due against employee then it should be communicated along with FnF statement.
Resigning by Resignation is not misconduct.
You may download all documents e.g. Tgt vs perf, appreciations, rewards, awards, attendance, leave, appraisals etc............and that no stinker, show cause notice was ever issued to you...
Kamal singh rawat
(Querist) 11 August 2016
Thank you all , now I m feeling positive.
Thank you Kumar DOAB sir.
I have talked to the hr of my prospective company, they are ready to take me with no dues certificate but just for now, they say I have to submit the releaving letter within 2 months of my joining and I am not sure about that. I have heard that employer must releave the employee after the notice period which is 3 months presently.
In my case what would you suggest me to proceed with?? Is it possible that they deny even after the completion of notice period.
Kumar Doab
(Expert) 11 August 2016
You have posted that:
---"I have talked to the hr of my prospective company, they are ready to take me with no dues certificate but just for now, they say I have to submit the releaving letter within 2 months of my joining and I am not sure about that."
From the frying pan into the fire.
This condition is not conducive to you.
Make them agree ( in writing) to absorb you on the strength of copy of notice of resignation, final resignation, proof of its dispatch and delivery, ONLY.
---"I have given resignation on 1-8-16 ..... I have to join on 1 September'........................notice period which is 3 months presently."
Against notice period of 90 days you have tendered 30days!
It is the bone of contention!
Is there any clause on notice pay in lieu of notice period in appointment letter, service rules/conditions applicable to employee OR employer BOTH or in isolation?
---" I have to join on 1 September and they are asking for relieving letter from present employer, I am very much disappointed'
Did you mention notice period of 90 days in employment application, during interview?
Did you mention joining period of 90 days in employment application, during interview OR did you mention joining period of 30 days ?
---" they are saying u can go with no dues but they will not give releaving letter.'
If you give up next offer and withdraw notice of resignation OR extend notice period still you may be unwelcome back.
Kind of queries you are posting, hints that you are not properly informed and skilled in handling such issues, Line Managers, HR personnel,employers.
In your situation you must endeavor to build irrefutable written record so that your employablity and interest is not gravely hurt.
It is suggested that you may keep an able counsel by your side and let your counsel draft everything and submit under proper acknowledgment.
You know both establishments and its personnel better than anyone else and you need to apply your own judgment.
