Hi,

My company is not issuing me a relieving letter. They are asking me to submit my original passport for checking purposes, even though my permit expired on January 31st. I have served the full two months' notice period, and my manager has already relieved me in my exit form. Knowledge Transfer (KT) is done, and I have all these proofs. However, on my last working day, they are forcing me to submit the passport.

Kindly advise...

Thanks & Regards,

From India, Pune
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Dear RJ, How it co-related to your passport..? your employement was in india or abroad..? Please elaborate the case little more..
From India, Mumbai
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Hi, I was onsite for three and half years and when my permit is expired i came back. My employment is in india only. Regards,
From India, Pune
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Anonymous
13

I believe their intention is to harass you, just in case you have another job abroad. They probably are checking whether you have a visa stamped. And if so, then they will keep the passport and harass you, so that you cannot join abroad. Just give them a photocopy of your passport as an attachment through email and in that mail, you may kindly mention that as per the Indian Passport Act, you are not supposed to give the passport to anyone without the approval from the Government of India. If you recall, Sonia Gandhi refused to hand over the passport to the American court recently, stating she does not have the approval from the Government of India. If they insist, ask them to get the approval from the Government of India, since you are a law-abiding citizen. Do not interact verbally on this matter. Put everything in writing.

The reason I am stating this is because I was deputed to Switzerland in the year 2000 from my erstwhile company as part of a team to acquire a company there. I came back and within a couple of months, I received a job offer in the Far East. When I resigned, I was asked to hand over my passport to issue the relieving order. When asked as to why they require the passport, they said they wanted to check the validity of my Swiss Visa and if it is still valid, then they will get it cancelled. But, I knew that they were trying to check whether I am joining a competitor who was also interested in the Swiss company. My brother-in-law who is a lawyer, asked me to send the passport copy by email and tell them that you cannot hand over the passport since it's against the law. I did so. I got my relieving order within 2 days after sending the mail.

It's unfortunate that a few so-called professionals want to harass exiting employees, not realizing that ex-employees can be good ambassadors and enhance the brand equity of ex-employers, if treated well when leaving the company.

From United+States, San+Francisco
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Hi,

Thank you for the suggestion; I will keep it in mind. I have already sent them a copy of all my visa or permit. It's just that when I was on my company permit, I had applied for my own permit and got it in October 2013, even though my company's permit was expiring in January of the following year, 2014.

Is it legal to apply for your own permit when you are working on your company's permit? That's the only reason I don't want to show them my passport.

Regards,

From India, Pune
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Anonymous
13

You have applied for your own permit because the law allows it, am I right? Or did you apply for the permit on the company letterhead or did someone else sponsor the work permit that you applied for? Some countries like Thailand, Singapore, etc., issue the work permit to an individual and not to the company. However, countries like Indonesia, Cambodia, etc., issue it to you because you are an employee of a company. In case you have not violated the law of the land, then you are in no trouble.
From United+States, San+Francisco
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Yes law allows it that you can apply for your own permit and then you can join any company there.
From India, Pune
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Anonymous
13


From United+States, San+Francisco
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I had permit there still i came back to resign and serve notice because i wanted to leave company on good note. kindly advise what should i do next?
From India, Pune
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Anonymous
13

Being good has to be both ways. Do not give the passport. Just give them the copy of the page which has their work permit. And politely refuse to hand over the passport
From United+States, San+Francisco
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