Nikhil 04 September 2015

Incorrect designation in relieving letter

Hello,

I had joined a company 5 months ago. Due to improper working conditions I had resigned in writing to the employer (i do not have copy of resignation).

The employer had agreed to relieve me on same day and I was given the salary by cheque till the last day of working.

My offer letter states my designation as Business Development Executive. But my designation on Relieving letter is Trainee Management Executive.

There has been no communication about the change of my designation till the last working day in any form.

The employer has refused to make the correction.

Please suggest what could be done to get the correct designation.

Thanks.

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3 Replies

KS Johal 04 September 2015

When you joined the company they must have given you an offer letter. I believe you must also have an employment contract. You need to look at what exactly it says. It also could mean that you were on probation for 6 months and they decided not to make you a permanent employee of the company. You really need to look at the terms and conditions of the contract if it existed at the time. Only then they will have an obligation to change this. I hope this helps. KS Johal

Nikhil 04 September 2015

I had received the offer letter at the time of joining and it stated that I would be on probation for 3 months post which there would be an appraisal accoring to my performance. But it never stated that I would join as a trainee. It clearly states that I am being appointed as Business Development Executive.

Thanks.

Kumar Doab (FIN) 04 September 2015

The employer alone has to make the correction of error committed by it.

Demand in writing under proper acknowledgment, and ask to supply in next say 3 days, by Redg. Post only.....................alongwith certified copy of the resignation.

Or you amy approach:

an able Labor Law Consultant/service Matters Lawyer/Law Firm and a lawyer specializing in criminal law……………….. Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc and the unions embrace you.

Your counsel may opine that you can approach:

Inspector appointed under Shops & Commercial Establishments Act, : If your establishment is covered by the Act and you are covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………

O/O Labor Commissioner; if you are covered as “workman’………………… Your counsels may opine that you are covered.

Higher/Highest Officials of Dept. of labor of your state...............

Court of law.