Releaving and experience letter

Hello,

if your company is financially not sound and not paying your salary properly than  you have every right to quit that job even though u have agreement with them further u need to finish pending work if u do not have sufficient resource write it to management. Write letter to you management and give proper reason for leavening job and demand for reliving and experience letter.

Do not worry about a bond that is one sided. Adv. Varun Desai is correct in saying that the company has no right to make an employee work without a salary and then accuse them of breaking the bond. Since you are getting a new job, why have you not informmed the new company about the reality. I am sure they will understand why you cannot get a relieving and experience letter. Your only proof could be you salary statement issued to you whnever they make payment to you. If the salary was by cheque, then you have further evidence that they have paid you the last salary recently. Also, you may give references of someone working with you who will be able to confirm your view about the company. Wish you all the best. S Jadhav

Dear Mr. Parag,

Please note, terminal benefit claim is different from releaving.  Try to get proper releaving from the Company which will benefit to your future path.

yes i agree

Learned experts/members have given valuable advice. Kindly follow it.

Subsequent to your resignation or notice of resignation you may submit a carefully structured representation addressed to the good offices of your appointing authority, MD, Chairman, Company Secretary and explain the reason for your resignation as a last resort to you and narrate all representations made by you so far {mention name, designation, dept, address of all company personnel and give date wise detail of all representations made by you in person, in office, by email, letter etc and highlight the ones made to good offices and line management, HR} and conclude that due to huge and heavy delay in paying you your wages you have faced acute financial hardships and you are not able to manage your kitchen expenses, education of your children, and you have borrowed from all near and ear ones and now can’t borrow any more and are not able to arrange for heavy expenses involved in attending to your office and work and that company has not attended to your woes and have not paid you and finally conclude that company and employer has become unworthy of being employed with and company on its own should relieve you by waiving off the notice period/pay, bond money etc and relieve you honorable and supply you the payment of your dues/wages/reimbursements/incentives, acknowledgment and acceptance of resignation, correct  FNF statement { with leave encashment, bonus, performance pay etc} , FNF dues, PF number, PF account slips, Form 16, work experience/service certificate, relieving letter, etc.

You may handover the charge and company property to designated official of the company under proper acknowledgment and help the company to take a/c of proper handover. Do not leave for company to charge you on any count, and maintain proper record. Collect all documents and record which you may require. Once you leave company may block access to all record although company is custodian of records.

If company has not incurred any expenses on your training that added to skill or qualification company may not succeed in claiming monies from you. Company may claim liquidated damages however may not succeed.

It shall be appropriate to show your appointment letter and bond to a competent and experienced labor consultant/service lawyer. If possible you may attach these in this thread. You may erase the names etc to maintain the confidentiality.

 Inform the next employer of facts preferably in writing even if by email and explain that your current employer may not issue you salary slip, FNF statement, acknowledgment and acceptance of resignation Form 16, work experience/service certificate, relieving letter, etc, and you can provide only the copy of resignation and its POD and you may be absorbed on the strength of these only. The next employer may do so or ask you to sign an indemnity bond language/draft of which may be supplied by it. The next employer may mention that you shall have to provide the relieving letter, etc within dated…….or your appointment can be terminated. Hence settle all terms beforehand.

If you are in IT industry your state might have exempted the industry from the provisions of standing orders. However Karnataka has ended this blanket exemption.

SE Act is applicable to IT Industry. You may claim your wages under Payment of Wages Act. Designation alone does not decide employee is a workman or not. Your lawyer may opine that you can agitate under ID Act if the need be.  

 

hi

i can understand the situation if the salary is not being paid for such a long i.e., 5 months and how you made expenses cut in this all 5 months.  But you have said that you have signed a bond while joining the company and you only is not getting salary or whole staff ?  

because what all others persons are doing is the question, is everyone is searching for new job and in your joining letter there will be a notice period i think normally 3 months you should have also made a representation to pay the salary by email to the hr dept and then resigned wheather they had accepted it by giving you relieving letter ?  and you said that unavailability of resources ?

senior Mr. Kumar doab said draft a detailed representation if you have already given representation before quote it as notice period or reisgned letter dt.            and if possible discuss with the higher authorities to solve personally because if you have confidence they will pay you the salary and also will give you a appreciation letter and relieving letter to you without any hurdles because you worked without salary for 5 months and this would be added advantage to you to join in the new company without any tension