yash varshney (Enginer) 21 December 2011
Rajesh Hazra (Mediator and Legal Counsel ) 21 December 2011
Have to settle the matter with the previous employer as relieving letter is MUST.
Kumar Doab (FIN) 21 December 2011
FNF statement, last salary slip, work experience/service certificate, acknowledgment of company property submitted by employee, exit interview format submitted by employee can suffice to be as good as relieving letter.
The employee may request the new employer that he has been following up and may enclose the copies of communications) but the past employer is not issuing the relieving letter. The Hr of new employer may agree by taking an affidavit from the employee that he is not employed elsewhere and can provide even a model language for the affidavit.
Relieving letter is issued post all settlements and it seems that this employee has completed all settlements due at his end, and nothing is pending.
The employee may submit a representation in writing under acknowledgment, addressed to the good offices of appointing authority, MD, CEO, Head-HR, Company Secretary of the past employer stating that despite best cooperation from his end and having served the full notice period and fully complying to the exit formalities, the company has not supplied the FNF statement, last salary slip, work experience/service certificate, acknowledgment of company property submitted by employee, exit interview format, relieving letter, form 16, PF accumulation reports, PF withdrawal/transfer forms, NDC/NOC etc ( if not received) and upon his representation in person/by phone ( mention date wise representations) to Mr/Ms..........(mention names) he has been subjected to rude conduct and threats stating that these documents/payments due at the end of company shall be supplied by the company and his future source of livelihood/employment shall be ruined.
That the good offices are requested to supply these say within next 7 days by redg post and a self addressed postage prepaid envelope is enclosed, or he shall be constrained to take up the matter in a lawful manner at the cost and consequences of the company.
That the good offices are requested to grant an appointment within next 2 days s that he can appear in person to appraise the good offices and collect relief in person.
If the good offices do not grant relief the employee may issue a legal notice and/or lodge a complaint with o/o Labor Commissioner and wages inspector. Let this employer face queries and punishments.
The employee should always consult elders in the family, competent and experienced well wishers, trained legal mind, lawyer/law firm before hand and proceed under expert guidance in such sensitive matters. Employee should record (audio/visual) the threats issued to him.