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Gurpinder (Team Lead)     20 March 2012

Incorrect relieving date

Hi,

I was working in Infosys in 2005-2007.

However when I left Infy I was not able to serve my notice period and the new company accepted me with the resignation letter. However I informed Infy about my inability to continue for 30 days. In the e-separation letter the date selection was automatic and did not allow me to choose my date in the system and because of that I stated my last date in the comments.

At that time they told me verbally that they will not provide me relieveing letter. Even though nothing was communicated in written.

After about 6 months they credited gratuity in my account .

Recently, I sent an email to them asking for a relieving letter which they issued but the relieving date is showing that I served all 30days which incorrect. I asked them to correct it and told them they can cross verify with my attendance record that I attended only till 31st Aug, but they are not ready to change the date.

 On 3rd Sept I had already joined my new org.

Can a company give a relieving date even though I did not attend the office?

Please let me know if any legal action can be taken.

 

Thanks,

Jiggs



Learning

 2 Replies

Kumar Doab (FIN)     20 March 2012

NO.

The termination is initiated by you.

It is better to submit notice/resignation by letter thru redg/speed post. If employee lodges notice/resignation on e -portal the screen shot/printout may be attached with follow up communications. Attendance and all other relevant record  should be retained in personal file.

Submit a gentle representation to good offices of appointing authority, MD, Head-HR and point out the facts, covering all representations made by phone/email etc and request to correct the errors and issue correct relieving letter. They are duty bound to supply the same.

If good offices do not provide relief you may have to approach a competent and experienced service lawyer and your lawyer may choose to issue legal notice or approach o/o labor commissioner.

 

Gurpinder (Team Lead)     21 March 2012

Thanks for your advice. I will do some more correspondence and if it doesn't work then I will seek your further advice.


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