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Sunil K (IT Executive)     28 December 2014

Relieving letter

Hello,

I am facing problem in  getting my relieving letter.

I was a contractual employee and was deputed on client location. My payroll company is different and I work at client location. My reporting manager and HR person is also at Client location.

I had put down my papers on 26th December 2014 with the intention of serving the full notice period, however due to some issues at work place I could not serve the notice period. I informed HR that I cannot continue to work further. HR and my reporting manager were forcing me to serve the notice period to which I replied stating that I am ready to pay one month salary in lieu of notice period. My reporting manager denied verbally and he said that I will have to serve the notice period failing which I will not get the relieving letter. As informed by HR I submitted the IT assets to IT team, ID, access card and data to my reporting manager on December 1st 2014.

In my contract it is clearly mentioned as follows "The assignment may be terminated by either side by giving 1 months notice or payment of 1 month salary in lieu of notice." 

Now my query is "I need relieving letter. I am and was ready to pay 1 month salary in lieu of notice", and I am following up with both HR(client location) and Head of payroll company, and i m not getting proper response. How do go about getting the relieving letter. Please help - Thank you in advance.

Regards,

Sunil K.

 



Learning

 10 Replies

Dr J C Vashista (Advocate)     29 December 2014

You had issued one month notice on 26th Dec 2014, handed over IT assets, data card, ID on 01st Dec 2014 and not getting relieved, is some confusing statement.

Sunil K (IT Executive)     29 December 2014

So Sorry, its 26th November 2014 and not 26th December.  On 26th November 2014, i had sent resignation email, after that on the same day I had a meeting with my Reporting manager and HR during that conversation i accepted to serve the notice period. I continued to go to office till 1st December and on 1st December 2014, I submitted IT assets, data card, ID card etc, as informed by HR.

Kumar Doab (FIN)     29 December 2014

Submit a written representation addressed to appointing authority narrating all representations made so far (mention names,dates,brief minutes..................) and cite clause of appointment letter on notice pay in lieu of notice period.................................do not forget to mention that HR/Line Manager in response to your notice of resignation (attach copy) has already collected company assets namely........................on dated....................at address....................and NO Tasks are pending at your end, and routine duties be assigned that can be completed on day to day basis within and upto last date in office ................and correct notice pay as per correct notice period applicable in your case be adjusted in FnF statement and  original FnF statement be supplied for verification and acceptance and payment of FnF wages along with acknowledgment and acceptance of notice of resignation/resignation ,service certificate,relieving letter,PF number with a/c slips,salary slips of all months,Form16,NOC/NDC, acknowledgment of company property/handover of charge, within and upto last date in office as per notice of resignation is.......dated...............    

 

 

If possible help to find a replacement................

 

In case of issues you can approach :

Inspector appointed under (name of the state) Shops and Commercial Establishments Act,Payment of Wages Act

O/o Labor Commissioner

Employee's/Trade Unions

 

etc....

abhinash (BM)     30 December 2014

Dear Sir
 
My self abhinash from karanataka state Gadag,
 
 
I need suggestion from you regarding my relieving letter,
 
 
some personal problem i put the resignation on 31st Aug 2014 & my last working day was 6th of Sept 2014 &  i didn't  serve the notice period ,when i discussed with HR sir they told after your payment ie unserved notice period settlements then only we provide you the relieving letter(remanining 55 days ),so as per their word  i have paid Rs.33000/- for comapany
 
  After that i received the relieving letter but in this letter that have mentioned improper & unprofessional exit even thou i have paid all amount of unserved notice period ie (Rs.33000/-)
 
Sir
 Kindly suggest ,,,,,,
 
Regards
Abhinash K
9964050487

Kumar Doab (FIN)     30 December 2014

@ Abhinash, Always initiated a new thread. What is your date of joining , length of service, and was your service confirmed in writing? What is this establishment: commercial or industrial? Did the HR demand to tender notice pay in writing or did you minute the discussion or did you record it (audio/visual)? Did you tender notice of resignation and did you communicate your personal problems and hence inability to serve notice period and affirmed to tender notice pay in writing? What is the notice period in appointment letter? Since you resigned on 31st August and your last working day was 6th Sep you did tender notice period and you did serve notice period too.....although for 7 days.... And then you paid upfront notice pay as penalty too that too after proper discussion with HR personnel citing your personnel problems (that anyone can have) and fulfilled the demand of HR for notice pay in lieu of notice period..... Thus apparently on the contrary the conduct of HR personnel,employer himself,and personnel that signed the relieving letter is improper and unprofessional...... The question arises is that how would you handle it NOW..... It is suggested that now you should show all docs and evidences on record e.g. job Advt.,job application,interview call letter,selection letter,offer letter,appointment letter,HR policy/service rules and regulations mentioned in offer/appointment letter, resignation notice/letter, any other communications, resignation acceptance letter,FnF statement,service certificate,relieving letter, etc to your able labor law consultant/service matters Lawyer,employees union/trade unions leader and let them draft and structure your representations addressed to good offices of appointing authority/MD....

T. Kalaiselvan, Advocate (Advocate)     30 December 2014

Both the querists have been well addressed by the expert in the field Mr. Kumar Doab. @Mr. Abinash : Use your own thread to post queries seeking clarification/opinion so that you don't get confused or misled while getting a different answer which was meant for the original author.

T. Kalaiselvan, Advocate (Advocate)     30 December 2014

Repeated due to technical error, hence deleted.

abhinash (BM)     31 December 2014

Dear Sir

  Thanks for your suggestion.....More then 15months i have  worked & i am confirmed employee of the company,as you erlyer that i have written my notice period was 2months out of 60days i have worked 6 days & i paid 55days amount,,,,i have all the prof like they send the mail you should pay so & so amount,ECF duly signed by my senior,resignation acceptance letter,,,,2-3 time i have contacted the HR he also left the job & New HR does not no any thing about this matter...(In relieving letter they mention Improper & Unprofessional exit)

My question is shall send the notice(from court) on this company even thou have paid the unserved notice period amount.

As per law have rights or not before going next step.

 

Regards

Abhinash 

 

Kumar Doab (FIN)     31 December 2014

@ Abhinash: Notice period for: --15 months notice period as per (Name of your state) Shops and Commercial Establishment Act is 30 days. -- confirmed service as per Model Standing Orders is 30 days. Your Labor Law Consultant/Service matters Lawyer,employee's/trade unions leaders may opine that you are covered by both enactments and company's extraction of 60 days notice pay is illegal,unlawful and employer personally can be held responsible for faithful observance of such enactments and violations..... The Inspector appointed under these enactment can also be approached.... If you are unable to handle the matter on your own,entrust it to your lawyer... Your lawyer may opine that the comments in relieving letter are false,defamatory,discriminatory retaliation and conduct of zealous and vindictive mind........and employer can be sued.....

bapina sethi (JC)     08 January 2015

Dear sir, I am working in a municipality since 2 years. I have selected in central govt. job. Before applying i didn't inform  to my office due to my ignorance because in the advertisement there is no mention about NOC . When I applied for NOC they denied. Now I want to resign. Will be there any probelm for me to accept my resignation? please reply fast


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