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Diljeet (Business Development Manager)     26 April 2013

Relieving letter

Dear Sir,

I am requesting your valuable advise on behalf of my friend who is struck working for a software company in Bangalore. The CEO of the company is the owner also. My friend has been working with the company from past 9 years and now wants to leave for better prospects elsewhere but CEO is saying that if he resigns and even if serves the notice period of 3 months, he will not issue relieving letter and experience letter to him.

Because of this situation my friend is afraid and is confused as to what steps he can take to sort this situation.

This company is a India Pvt. Ltd co. and have a total staff of about 22 people, the CEO is a very abusive man and a bully, my friend has continued to work there so far as he is not able to understand what he will do without the relieving letter and experience letter as these two documents would be very important to him in his search for a new job.

I request you to suggest all available options.

I look forward to hear from you.

Many thanks,

Kind Regards,

Diljeet Singh



Learning

 3 Replies

Adv k . mahesh (advocate)     26 April 2013

it is very sad to hear after 9 years you company is not reliving means your working and your patience with your ceo was very understandable 

if you have appointment letter and salary slip say yearly one slip means you can make sure join in new company wiht those proof of experiences, as in the hr round you can explain that the company will not leave you because will not give reliving letter because 9 years is not a small word to say 

M.S.R.Murty ( Manager (Admn))     28 April 2013

Dear Diljeet ji,

Advise your friend, after 9 years service, it is better to come out without complications.  Advise him to submit Resignation letter under acknowledgement and also advise him to insist for Service , Releaving letters and for releaving benefits in the Resignation letter.

Anjuru Chandra Sekhar (Advocate )     29 April 2013

Tell him to submit resignation.  Ask him to take copy of service agreement and any other document that is relevant and establishes his relationship with organization, before submitting resignation by visiting HR department.  He should not speculate about all these without submitting resignation.  After submitting resignation if the company does not give him relieving letter and experience certificate as feared he can file for interim mandatory injunction from High court/any Civil court which does not take much time. If he loses any opportunity in any organization which he is not able to join because the present company has not issued relieving letter, experience certificate etc., he can also claim compensation/damages in the writ/suit.


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