Relieving\experiance letter
RJ
(Querist) 03 May 2014
This query is : Resolved
Hi
My company is not issuing me relieving/experience letter they are asking me to submit my original passport for checking purpose they want to check all visa/ICT/WP status because they do not keep employee records though my work permit is already expired in January.
I have served full two months notice period and my manager has also relieved me in my exit form and all the clearance is done except Travel & HR department, Proper handover is also done i have all these proofs.
When i was onsite i have applied my own permit and once got it came back here to resign from this company.
Kindly advise...
Thanks & Regards,
Kumar Doab
(Expert) 04 May 2014
It shall be good if you can provide some more inputs.
You have posted that:
---“When i was onsite i have applied my own permit and once got it came back here to resign from this company.”
It is guessed that for this reason only the company has asked you to submit the passport in original as the permit you have got might be in violation of some T&C of the contract you have signed with employer and citing it the company can very well feel comfortable to deny the docs and payouts and may rather even proceed to claim breach by you. Therefore before submitting any docs you may first show all of your docs to your lawyer and spend quality time with your lawyer.
If you have not violated any T&C (even deemed violation as perceived by your employer by his intelligence and imagination) then why are you hesitant?
----“My company is not issuing me relieving/experience letter they are asking me to submit my original passport for checking purpose they want to check all visa/ICT/WP status because they do not keep employee records though my work permit is already expired in January.”
Have they asked you to submit original passport in writing? Have they denied to issue relieving/experience letter in writing?
If NO: record verbal transactions (audio/visual).
If yes show it to your lawyer and let your lawyer structure your representations.
Don’t conceal anything from your lawyer.
RJ
(Querist) 04 May 2014
Hi Kumar,
Thanks for response.
Yes i have everything in written below is a mail from HR:
"Your clearance formalities are pending as you have not submitted your passport for checking purpose. Hence you have not been issued your relieving letter."
how can i check that i have not violated any T&C?
My company had issued me three years general work permit (Expiration 31 jan 2014) and when i was working onsite and just six months before coming back i had applied my own as in that country it is legal to apply your own permit. I got my own permit on Oct 2013 but still i stayed there till Jan 2014 as my company's permit was expiring on 31 jan 2014. Then i resigned here in last week of Feb and served full two months notice but still they need my passport to relieve me.
Now i am not sure that did i do any violation or not.
Uday Kumar
(Expert) 04 May 2014
Hello
I understand that Company want t re verify your full details/particulars may be given in the Exp Letter, Involve 3rd Party Like Embasy to get your experience certificate
regards
advudaykumar@gmail.com
RJ
(Querist) 04 May 2014
Yes Uday but before i involve third party, i just wana confirm that i have all required documents & proofs, do i have strong position otherwise companies have lots of hidden criteria and i dont wana endup going again and again to court.
Kumar Doab
(Expert) 04 May 2014
You may go thru all communications before issuance of work permit, during onsite, till resignation, exit policy of the company,HR policy, service rules and regulations mentioned in appointment letter, any additional contract signed before work permit and T&C stated in these.
You should be able to check if company concurs with employees decision to apply for private work permit while onsite on company's work permit or not!
Service certificate should be issued to all employees.
It is your discretion to handover original passport or not.
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
You may follow the advises rendered by expert Mr. Kumar Doab in this respect.
