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yogesh (xyz)     03 January 2012

Relieving letter

I was working with this company (X) for 4.5 years. I had to leave this company as no more work was coming in its way and it was firing people, so people were worried about their job security. I had to  join this company (Y) as i did not have any other option.The company (X) was making the employees sign an affidavit forcefully to get the relieving letter. The affidavit says that the employees cannot join the company (Y) till 1.5 years after leaving (X). But I was having no other option but to join company (Y), so i joined this company (Y)without releiving letter. Now I had left this company (Y) and had joined company (Z).

 

1.       Is relieving letter is mandatory from company (X) for background verification.  I had given resignation acceptance mail in lieu of relieving letter. Will that work?

2.       I had informed my recruiter about relieving letter not present during the interview and told that I can give resignation acceptance mail from the company in lieu of relieving letter.

3.       I had given all my salary proofs, ITR forms, resignation acceptance mail as support of my employment with company (X).

Also I had not served the notice period in company (X). There was 2 months’ notice period but I had served only one month notice period. As they were not giving salaries to the employees who were going without relieving letter.

 

What could be the consequences if my background verification is not completed?



Learning

 6 Replies

Sanjeev (Lawyer)     03 January 2012

that depends on the rules of the current company there is no law that govern this issue. Now days many companies do not insisit upon relieving letter and the Current company HR would be best to guide on this .

yogesh (xyz)     03 January 2012

Thanks Sanjeev , i will consult my HR on this.

salman khan (Property Documentations)     03 January 2012

who will give the relieving letter to whom  in what period of time

Kumar Doab (FIN)     03 January 2012

Mr. Sanjeev has given advice.

Employee should settle all issues during interview with prospective employer and must put up minutes in writing even if by email.

All companies are aware the practices of the trade and have solution for the deserving candidates.

Attrition is a reality.

yogesh (xyz)     04 January 2012

hi Doab, i have informed my recruiter during interview and also I have sent the mail saying i will provide resignation acceptance mail in lieu of releiving letter. From my side they were informed.

Kumar Doab (FIN)     04 January 2012

It is prerogative of the company to conduct or not to conduct background verification. Some of the companies include background verification and its implications in appointment/offer letter. It is also prerogative of the company to ignore the comments of previous employer or ask explanation from employee and declare it sufficient to keep the employee in employment.

The documents you have supplied to your new employer can suffice to be as good as relieving letter.

The rapport you build with your line management, HR shall defend you in your new company.

You are liable to pay notice pay towards shortfall in notice period to your previous employer as per agreed terms in your appointment letter. The previous employer may adjust notice pay in FNF statement or demand it from you before FNF settlement or you can ask the employer to adjust in FNF statement. You may settle this issue with your previous employer as deemed fit.

If there was any clause in your appointment letter restricting employee to work with company "y" and accepted by employee company can include such declaration in relieving letter or proceed against employee however it is difficult to enforce in case of a well informed and properly advised employee. You shall need expert guidance of a competent and experienced lawyer/law firm in such a case.

If the company was not getting enough business and firing i.e. terminating the employees and you can establish it, it shall be in your favor.

If you are properly qualified and experienced and competent then you may look for employment with the very best employer in trade with good HR practices and avoid run of the mill/unscrupulous employers.


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