relieving letter not issued from employer

you need to send them legal notice, kindly approach local advocate.

You may send a letter by registred post/speed post  to the MD of the company staing you had submitted the notice of resignation and served the company and served the company during the notice period and despite many reminders and efforts you have not been supplied the neccessary Relieving letter/F&F/NDC etc and same may be supplied to you within 15 days by registred post/speed post and mention your address for communication.

You may mention that the emplyees ......stated during your representations on..... that the  neccessary Relieving letter/F&F/NDC shall be supplied after 2 months and ask for the intervention and relief by MD. 

If you do not get any relief you have the option of issuing a legal notice and proceeding further

Thanks for the reply Kumar.

The issue is, the organisation is small and she has spoken to its head, even he is not responding properly. He is saying that our policies have changed it will take time to process your relieving letter and they will only send it through post after 1 or 2 months (no time line).

Send a simple letter setting out the reasons and confirming the date of resignation, to the employer's registered office address by speed post with POD (extra Rs.10/- for acknowledgement). The delivery can be tracked from the indiapost.gov.in  Unless this is controverted, the employee is deemed to have been relieved. Hence do not hassle about going to court, etc.

vasudevan

Dear friends,

In my  appointment letter there the company has mentioned that an employee can be relived after paying the 3 months notice period or 3 months gross salary & after completing the pending work .I resigned by giving two months notice & one month salary which was communicated to me but after paying the salary my company is saying that you have pending work ,The y will not relive me till i complete pending work which may require 1 to 6 months as I have to collect some documents from other company -c forms which is not in my hand ,Which depends on the issuing companies time taken to release which may take a month or may take six months time,What are my options in such case.

Hi,

I have a problem with my ex- company.

1. I was hired on contract for a project. 

2. My contract salary was Rs 20000, (in hand Rs 15000, on hold Rs 5000 which is payable after project completion)

3. Although in hand salry ws Rs 15000, I was recieving only Rs 10000 in hand. No written document stating the reduction of my in hand amount.

4. Project completed, but still no money was paid to me.

5. My contract was renewed every 3 months. After my contract ended last time, no renewal of my contract. I was ensured salry every month. Company becomes money less, stops everybodies salary.

6. I stayed for 3 months hoping my hold amount will release. Nothing happened. 

7. For 3 months I didnot get any compensation from company.

8. I resigned. I waited for my relieving letter as was assured by the Executive Director of the company earlier.

9. Comapny wanted to retain me, I didnt agree on the ground of no compensation. 

10. Company not giving me relieving letter, nor my old outstandings.

11. All requests sent for payment of outstanding and relieving letter. No result.

What do I do for this? Can I take legal actions? My total outstanding is for last 1 yr 8 months. Company never took any initiative for paying me the outstandings. Company has zero amount with them. What to do?

They simply want to take work without paying me.

Now what can I do to get my relieving letter

@ Vicky

How do you know company is penniless? Has the company declared so in writing?

Before your company declares bankruptcy or is liquidated, you may approach o/o labor commissioner/wages inspector and lodge your complaint. Let the process begin.

Thanks for the reply. The company has not yet given in writing. This is a project based company. At present all the projects have stopped and clients are not paying anything to them. Clients have stopped payment because they are not satisfied with the service. However, this company has received some payments in the past but due to fund problem stopped the salaries of all the employees (contract and payroll). They are trying to revive the situation, but how long it will take no one knows. In this condition keeping on the work from my end is very difficult. People serached for jobs and left the company. They were getting the relieving letters. But in my case company is not issuing relieving letter since, I was the main person for the project (like a project manager) but my contract got over 4 months back, the company didnot renew the contract. Even I was not interetsed to continue, but had to hold back due to the hokding money, which is with the company.

Please suggest what to do...in this case?

I was not interested because the project was going on non stop, initially completed, but again restarting. However, I am not interested since my interest was on some other projects and my money was not paid on time. Also there was no salry also paid for last 4 months. There is too much of uncertainty in this company, there is no work satisfaction also. Also my work status is contract and not permanent.

Raise your demand in writing and start the process.

@Raise your demand in writing and start the process.

I have written all my demands and asked them to release the money and my unwillingness to continue with project again and again, also there is no salary for last 4 months. The project is also prolonging which is creating hindrance to my career prospects.

All my teammates are out of the company. But still the Executive Director doesnot understand and he is contnously dragging my relieving. Since I am a contract employee my stay in the company doesnot define any notice period. But still I served, for 15 days in the company and tried giving as much knowledge transfer as possible. Also my executive director is stating that relieving me is not in his hands. It is with his Boss (Director) whome I have never interacted, since I am not the payroll employee. He is asking me to talk to the Director for my Relieving. I am sure the Director is more toughre to be convinced for my relieve and he may again try to retain me. They ar playing with me for such a long time.  

There is nothing wrong in meeting this Director. However seek an appointment in writing spelling out the purpose of meeting and mentioning all your pending payouts/documents. After the meeting you may submit the minutes and demand your dues i.e. payouts/documents in next 7 days by registered post. You can also submit a notice (which you can also send) and mention that you have acted decently and tried your level best however it appears that company thru its personnel Mr/Ms......Mr/Ms.......is hell bent on denying you your legitimate dues and burden you with the option of litigation. You are constrained to point out that any legal advice taken by you and litigation forced on you by company and its personnel shall be at the cost and consequences of the company and demand your dues in next 7 days. In the meantime you may visit o/o labor commissioner/wage inspector and seek their opinion and advice in person. If company does not provide you relief you have no other option than sending a legal notice and proceed legally. If you decide to tame and shame them you can announce that you may go public with your complaint at social/legal forums at their cost and consequences.

Thanks for the reply. There is a clause given by the company that I am the Project Manager hence I have to stay and give all knowledge transfer until things get setteled in the project in future. However, I am not officially given any document that proves that I am the Project Manager there.. The reason for my withdrawal from this project is unnecessary prolonging of the project, which I never agreed upon, no salry payment, non payment of my hold amount, no proper decision taken by the top management and so on.

Meeting the Director is of no use, since their intension is to drag me until the things are setteling in the project. It is like intensionally getting my self again in trouble. The Executive Director will try to play along with the Director and take unwanted commitments from me. I am not in a position to do any favors to this company due to their improper management, partiality and ill-treatment towards me. I was never given any benefits for anything good that happened in the project. I was working like slave- day and night however things couldnot workout because not all decisions are in my hand. 

I am planning to send them direct legal notice in the name of Director and Executive Director since, several times I had begged for my outstanding money and also my Relieving Letter after my resignation. However, there is no step taken from the executive director to make things smooth.

The Director was sent many emails about the terrible condition of the company and the reason was the worst decisions taken by the Executive Director, but the Direcor has never taken any steps or attempted against the Executive Director. The mails were sent by several employees who were suffereing from non payment fo their salary.

Infact, when the company cant pay us, we have the right to quit that too I am a contract employee who doesnot have any obligations once the contract date gets lapsed. 

I was told by the Executive Director to forget about the outstanding amount for the time being. Also, when he asked me to talk to Director, I knew his intecnsions are not correct. Hence I have asked Ex. Director to talk about me to Director and take his opinion. However, still the Ex. Director is playing with his words like Director is busy and wait till next week and so on. He wants to buy time from me and in the mean time blocking me to furnish his demands regarding the project where I have to work again for the project. He knows if I dont work, he has the right to stop my relieving letter again. Hence, I feel that waiting for the Director and getting dragged by the Ex. Director is just wasting my time, this will give them time to wrap me around with many things which I wont agree to. Definitely, the company is playing with me and I need to be very cautious and take my step (sending legal notice) to be on a safer side.

Is it possible for all my collegues to file a case together since this has happened with many employees earlier. All are waiting to stop this company, since they are catching innocent people and playing with their careers. Please suggest me any way so that we can join hands together and teach them a lesson.