Releaving letter issue
Dilip
(Querist) 27 June 2014
This query is : Resolved
Hi,
I have resigned from my company last week and now my company told me that you have to work for one more year as you have agreed to sign the bond. However bond was given to me but i did not signed the bond as management forgot to get the sign from me and i also did not remind. But based on oral commitment they are forcing me to stay for one year or otherwise they say to pay the penalty amount. Penalty amount is 2.5 lacs. Kindly confirm how can i get the releaving letter in such type of scenario.
Reason of resignation was :
1) Boss mental harassed me in small small issue.
2) Due to harassment i have search the new job and got the new job.
Option going on in my mind:
1. To resign and get ascond without getting full & final settlement.
2. Join other company with duplicate releaving letter - But do company check background at releaving letter level.
Regards
Devajyoti Barman
(Expert) 27 June 2014
There is no point in serving a company under adverse condition and that too for one whole year.
Better join new company but yes there is possibility of background check.
Rajendra K Goyal
(Expert) 27 June 2014
You have not signed the Bond, Company can not take action in absence of bond.
They may not give you the relieving letter, if your new company is ready to take you without joining letter, you should join. Later send notice to send your experience letter and balance payment.
Do not submit any bogus / forged document in any circumstances.
Kumar Doab
(Expert) 27 June 2014
Bond is not applicable to you and no recovery can be enforced.
Did you submit notice of resignation or resignation with immediate effect? It should be preferably submitted as addressed to appointing authority by redg. post and in such situation employee should obtain POD and certified copy of run sheet of postman from PO.
Service certificate has to be issued to all employees.
You may also mention in subsequent communications that NO tasks are pending at your end and to whom you should handover the charge.
Do you have any written recorded (audio/visual) evidence of harassment, demand of penalty amount?
Don’t abscond.
Instead of running away from situation build favorable written record and that too under proper acknowledgment.
Consult Local Labor Consultant/service lawyer
Dilip
(Querist) 27 June 2014
Hi Rajendra Goyal/ all,
If new company asked that relieving letter is mandatory then what ? I will lose the new job. But it is sure that i don't want to continue with current organization. And in this case i have to show gap of 1.6 years while searching for new job and what reason i will tell them for the gap period. My case is extreme sensitive. Please as i have only 15 days left to join my new company.
Dilip
(Querist) 30 June 2014
Waiting for the replies.
Devajyoti Barman
(Expert) 02 July 2014
Most organisations do ask for Relieving Letters which gives a toll of extortion for the ex-employers to twist their need.