Dear friends,
Plz read the case & kindly suggest.
My friend was working with a pharmaceutical company . As per her terms of employement , she was not required to give any notice period to the company. On feb 8, 2007 she submitted her resignation. But her HR didn't accept it. She went on Feb.9th just to give one more try but to no result. She did not go to office after Feb 9th. She requested for her relieving letter through mail.
Now she has joined some other org. but her current org. is not willing to give her the appointment letter unless she submits her relieving letter.
My query is "does my friend have a right to ask for the relieving letter"? If "Yes" Then what steps she should take for it?
Plz suggest me friends.
Regards,
Kshama
From India, Mumbai
5Plz read the case & kindly suggest.
My friend was working with a pharmaceutical company . As per her terms of employement , she was not required to give any notice period to the company. On feb 8, 2007 she submitted her resignation. But her HR didn't accept it. She went on Feb.9th just to give one more try but to no result. She did not go to office after Feb 9th. She requested for her relieving letter through mail.
Now she has joined some other org. but her current org. is not willing to give her the appointment letter unless she submits her relieving letter.
My query is "does my friend have a right to ask for the relieving letter"? If "Yes" Then what steps she should take for it?
Plz suggest me friends.
Regards,
Kshama
From India, Mumbai
Hi,
In matters like these, many things depend upon the terms and conditions of employment stipulated in the Letter of Appointment issued by the employer, as the employer-employee relationship is governed by these and the prevalent law. In the instant case we do not know if your friend was on probation or was a confirmed employee. Subject to above limitations, I venture to reply as under:
1) Employer-Employee ralationship is a contract where both the contracting parties must have an equal right to terminate the contract.
2) Such a contract has to provide for the rules for separation while an employee is on "probation" and also while the employee is a "confirmed employee".
3) Normally employees on probation have to give no notice or even a reason to the employer if they wish to quit the employment. Similarly the employer is under no obligation to give any notice/reason to the employee if he (the employer) wished to terminate the contract. This fair!
4) After confirmation, a notice period may become obligatory for both.
5) If the employee follows the applicable commitment in 3 or 4 above as may be applicable, then the contract gets validly terminated and the parties may consider themselves free of any obligations.
If this is so, there is no law that requires a "relieving" letter. It is just a custom that unscrupulous employers use to harrass the employee under conditions when they do not like the employee leaving!! Legally speaking the employee will be safe and above board if he follows the applicable stipulations of the contract of employment.
Regrettably, it is the receiving employer who can choose to be rational and not insist upon the relieving letter or be difficult and be loyal to the cult of employers and insist upon the same. However, the receiving employer is NOT entirely WRONG if he should insist upon relieving letter in as much as he has a right to know if the separation from the earlier employer was "clean" and not fraudulent! Therefore, instead of looking for a generalized rule for universal application, each employer must decide each case on its own facts and circumstances instead of blindly following some cult.
I trust the above will answer all your doubts and will provide you a clear picture of the issue. If you need more help, please do not hesitate to ask.
Regards
samvedan
April 15, 2007
From India, Pune
In matters like these, many things depend upon the terms and conditions of employment stipulated in the Letter of Appointment issued by the employer, as the employer-employee relationship is governed by these and the prevalent law. In the instant case we do not know if your friend was on probation or was a confirmed employee. Subject to above limitations, I venture to reply as under:
1) Employer-Employee ralationship is a contract where both the contracting parties must have an equal right to terminate the contract.
2) Such a contract has to provide for the rules for separation while an employee is on "probation" and also while the employee is a "confirmed employee".
3) Normally employees on probation have to give no notice or even a reason to the employer if they wish to quit the employment. Similarly the employer is under no obligation to give any notice/reason to the employee if he (the employer) wished to terminate the contract. This fair!
4) After confirmation, a notice period may become obligatory for both.
5) If the employee follows the applicable commitment in 3 or 4 above as may be applicable, then the contract gets validly terminated and the parties may consider themselves free of any obligations.
If this is so, there is no law that requires a "relieving" letter. It is just a custom that unscrupulous employers use to harrass the employee under conditions when they do not like the employee leaving!! Legally speaking the employee will be safe and above board if he follows the applicable stipulations of the contract of employment.
Regrettably, it is the receiving employer who can choose to be rational and not insist upon the relieving letter or be difficult and be loyal to the cult of employers and insist upon the same. However, the receiving employer is NOT entirely WRONG if he should insist upon relieving letter in as much as he has a right to know if the separation from the earlier employer was "clean" and not fraudulent! Therefore, instead of looking for a generalized rule for universal application, each employer must decide each case on its own facts and circumstances instead of blindly following some cult.
I trust the above will answer all your doubts and will provide you a clear picture of the issue. If you need more help, please do not hesitate to ask.
Regards
samvedan
April 15, 2007
From India, Pune
Hi,
As per the case that you have written and the solution by samvedan is also satisfactory however i would like to add a few points.First i would like to know the motive of employer asking for relieving letter,if he wants a proof for experience the latest salary slip can be shown along with a copy of the appointment letter and this case should be communicated to the employer.If the employer is rational and the HR is Employee friendly then the case is simple.So what i suggest is communication should be complete and nothing should be hidden from the new employer.
Regards,
Kumar Manoj
From India, Mumbai
As per the case that you have written and the solution by samvedan is also satisfactory however i would like to add a few points.First i would like to know the motive of employer asking for relieving letter,if he wants a proof for experience the latest salary slip can be shown along with a copy of the appointment letter and this case should be communicated to the employer.If the employer is rational and the HR is Employee friendly then the case is simple.So what i suggest is communication should be complete and nothing should be hidden from the new employer.
Regards,
Kumar Manoj
From India, Mumbai
Hello,
Thank you Samvedan & Manoj, I have got the satisfactory answer of my query. As asked by Samvedan , my friend was in to her probation , but as per her terms of employement , no notice period was required to be given to the employer.
Now there is one more issue that the employer has even not bothered to pay her the salary for eight days & her PF amount, on which they have no right. What steps can be taken for that? Plz suggest.
Thanks & Regards,
Kshama
From India, Mumbai
Thank you Samvedan & Manoj, I have got the satisfactory answer of my query. As asked by Samvedan , my friend was in to her probation , but as per her terms of employement , no notice period was required to be given to the employer.
Now there is one more issue that the employer has even not bothered to pay her the salary for eight days & her PF amount, on which they have no right. What steps can be taken for that? Plz suggest.
Thanks & Regards,
Kshama
From India, Mumbai
I would like to address an question of Manoj Kumar, 'why does the new employer require relieving letter from previous employer?'. Manoj, as per the laws, a person cannot be in dual employment at the same time, hence a lot of employers insist on the relieving letter. But there may be cases wherein the exit is not amicable, in such cases, what we do is that we take an undertaken from the new employee, that since he is unable to submit the relieving letter any issues arising out of it is at the sole risk of the employee.
From India, Verna
From India, Verna
now that is really a serious problem but do not worry.....the PF amt is yours.Fill in the PF form and ask the employer to fill in their details and then submit it at the PF office.If he is unwilling to do the same then i would you suggest you to clear all your dues from your previous organisation and at the same time you will receive your relieving letter.If still things do not work speak with you your immediate manager whom you used to report and apprise him of the situation or HR Director of the unfair trade practices......see there will be someone who is willing to work,look for that person.mail me once you are out of this and what was you previous employer's response???
Regards,
Kumar Manoj
From India, Mumbai
Regards,
Kumar Manoj
From India, Mumbai
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