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suresh menon (public sector)     16 May 2016

Purpose of relieving letter

Dear Sirs,

I was working in a private company for lat 7 years and recently joined a Central Government Job on Contract Basis based on my Work Experience. The previous company had given experience and relieving letter togather in a single letterhead. The GM(HR) in the new company took the relieving letter and is saying that relieving letter should always be in original and be given to him & experience letter is for me to keep for future job interviews.

My question here is is the GM(HR) correct in stating i should demand experience letter from previous company seperatly or should he have taken a photocopy and hace returned my original relieving cum experience letter

Regards,

Suresh



Learning

 10 Replies

G.L.N. Prasad (Retired employee.)     16 May 2016

Whether it is necessary legally or not is a different issue.  But, when you have joined new organisation, if it is not difficult, it is always better to prevail on private employer and obtain certifiate as desired by GM (HR).  This shows your adherence to laid down rules, that you have been maintaining good relations with past employer and above all because you are a employee on contract.  It is a practice to submit originals to present employer, and you can take it back at any time afterwards.  Because it is a govt company, you can even obtain certified copies under rti act which serves your purpose in future.

Kumar Doab (FIN)     16 May 2016

You may request to issue duplicate of original.

You may also request to issue 'Service Certificate' and 'Relieving Letter' separately.

Service Certificate is duly specified in Standing Orders.

Ritesh Maity (Labour Law Advocate)     16 May 2016

No employer can legally keep any kind of original documents in their possession with an intention to bind them with employment. However, original documents can be produced and verified with photocopies whenever required.

Kumar Doab (FIN)     16 May 2016

Request to mark OSV on copy and/or offer to submit self attested/notarized docs.

 

P. Venu (Advocate)     16 May 2016

"This shows your adherence to laid down rules, that you have been maintaining good relations with past employer and above all because you are a employee on contract. It is a practice to submit originals to present employer, and you can take it back at any time afterwards." I am afraid it is unlawful for the employer to demand or keep the the originals of the certificates of the employees with them. Discipline and maintaining good relation are not one-side affairs, but reciprocal.

1 Like

Kumar Doab (FIN)     16 May 2016

Expert Mr. Venu is precise. Fully agreed.

suresh menon (public sector)     17 May 2016

Dear Sirs,

My question here is "Should Relieving Letter in original be given to the new Employer? Is it the purpose of Relieving Letter"

"Is my previous company wrong in giving relieving & Experience Letter on a single Letter Head & should they have given them seperately?"

Should I ask my previous company to issue seperate Experience Letter to me or Should I ask GM(HR) to take a photocopy (attested or Notarized) and return me the original in case i want to attend different interview.

As I have already spoken to GM(HR), he says once given in goverment institutions noting will be returned. He is insisting on original relieving letter & is refusing to give back, what is bothering me is it is also my experience letter. My previous comapy says they can give only experience letter. But what bothers me here is what if future employer asks for Relieving letter

Kindly advice on how best to secure my rights of FUTURE Employment if the need arise

Regards,

Suresh

 

P. Venu (Advocate)     17 May 2016

Your certificate belong to you. The employer need to return it back to you, once he has verified. 

G.L.N. Prasad (Retired employee.)     17 May 2016

Mr. Suresh,

While providing replies, experts always pay more attention, and you do not have time to study the replies and started further posts, when your query is adequately answered.

You an always obtain any documents on record of Public authority as certified copies under RTI Act, which are treated as evidence.

Kumar Doab (FIN)     17 May 2016

Relieving letter signifies that 'Employee has separated, and nothing is due against him.

Service certificate is duly mentioned in Statue.

Original Certificate is property of employee and employer has no lien on it.

 

Rest is your skills to resolve on your own or you may lean on your counsel.

 


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