Relieving letter in case of Termination
Soniya Patel
(Querist) 07 July 2017
This query is : Resolved
Hi Team,
This is Soniya from Mumbai. I was terminated from my job because i was using company's phone for doing personal calls during work time. Our private numbers were not allowed during working hours. Hence, i was terminated on the spot. I was not given any warning or nothing. Company didn't wanted to talk about that issues and directly sent termination letter. I served more than 2years in that company. And now company is not giving me relieving letter. Please advise me whether this is correct as per law.
Rajendra K Goyal
(Expert) 07 July 2017
All documents i.e. your appointment letter, salary slips, other correspondence, termination letter need to be referred.
Discuss with local lawyer and challenge the decision of the company.
Legal steps may take time, first search for another job.
Advocate Suneel Moudgil
(Expert) 07 July 2017
Lack of some material facts, what are the contents if termination letter?
Advocate Suneel Moudgil
(Expert) 07 July 2017
Lack of some material facts, what are the contents of termination letter
Kumar Doab
(Expert) 07 July 2017
What is stated in termination order?
Who has signed the termination order?
Is signatory empowered to sign termination order?
Has the employer or its attorney's in HR/Legal/admin/personnel.....................supplied FnF statement/NOC/NDC/Form16/PG a/c slips/handover of assets (if any)?
Kumar Doab
(Expert) 07 July 2017
Apparently it was a post paid connection.
Since how many months you have been calling and was any stinker,memo,SCN issued to you earlier?
Kumar Doab
(Expert) 07 July 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by
you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all
years, ESIC card,?
Sudhir Kumar, Advocate
(Expert) 08 July 2017
when you re terminated then and there, this letter itself is relieving letter.
Rajendra K Goyal
(Expert) 08 July 2017
No separate relieving required after termination letter issued. Agree with expert Sudhir Kumar.
Kumar Doab
(Expert) 08 July 2017
Without any disagreement on any opinion of any expert, relieving letter/service certificate is required by employee and to be issued by employer.
A sensible employer would issue on its own and a sensible employee should get it.
Kumar Doab
(Expert) 09 July 2017
Above my last post the response for experts that have posted before me has already been posted.
Thereafter: Termination order in itself may not suffice as Relieving letter/Service Certificate for record and future employment .
