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releaving letter

(Querist) 04 February 2011 This query is : Resolved 
My brother was working in a pvt co from last one year on probation and now he has resigned after serving 7 days notice period as per the only clause mentioned in his appointment letter and joined new co from 1st feb 2011 .Now current emloyer is asking for the relieving letter issued by his previous employer to fulfil the condition of his joining.the problem is now his previous employers are not co operating and are not providing him his releaving letter on time that can make him loose his present opprtunity and becoming unemployed. shooting numerous mails for help earned no response ,he wrote to the head of the co and now getting threatened .pls make me understand my legal point and what cld be done best.


warm regards,
shalinee srivastava
Advocate. Arunagiri (Expert) 04 February 2011
You can produce the resignation letter copy and the acknowledgment of the previous employer for receiving the resignation letter. That is sufficient for the present employer. If you have followed the agreement terms at the time of resignation, the present employer will not think bad.
malipeddi jaggarao (Expert) 05 February 2011
If 7 days notice is only the condition for getting your brother relieved from previous employment, a copy of previous appointment letter along with his acknowledged resignation letter submitted to his previous employer is sufficient for the present employer to take him into employment. Your brother should convince that he has fulfilled his requirement in this regard.
Kirti Kar Tripathi (Expert) 05 February 2011
to give reliving order or not to give depends on your previous employer. if he does not give, what you will do except to console yourself or file a suit, which will take time. it better to explain the position to your new employer , i think, he will consider.
Ajay Bansal (Expert) 05 February 2011
File a civil suit for mandatory injuction alongwith an application for ad-interim-injunction in civil court against previous employer.


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