Hi, I am Kishore, a software developer. I joined Nimbylz Technology Solutions in Chennai on 21st April 2014. In the offer letter, it has been stated that "the employee will not be given a relieving letter or experience letter if he quits or the company stops him." I want to know whether it is legal to have this point in the offer letter for signing.
I quit during November 18th, 2014, but my HR is not ready to provide me with a relieving letter or experience letter. Please reply because due to this, I couldn't move to another company.
From India, Chennai
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I quit during November 18th, 2014, but my HR is not ready to provide me with a relieving letter or experience letter. Please reply because due to this, I couldn't move to another company.
From India, Chennai
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Hi Sir / Ma’am, I think many of the companies hire ppl using the payslips, offer letter of previous company and resignation acceptance letter. Why dont you try in that way? Thanks
From India, Bangalore
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2From India, Bangalore
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The act of the company is illegal.
If you are resigning and serving the stated notice period, they should give you an experience and relieving letter. Each state has different rules, so you need to check the Shops and Establishment Act. In Maharashtra, it is a legal requirement that the company gives service certificates to an employee at the termination of service (termination is the end of service, including resignation and termination by the company).
From India, Mumbai
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If you are resigning and serving the stated notice period, they should give you an experience and relieving letter. Each state has different rules, so you need to check the Shops and Establishment Act. In Maharashtra, it is a legal requirement that the company gives service certificates to an employee at the termination of service (termination is the end of service, including resignation and termination by the company).
From India, Mumbai
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Agreed with Mr. Saswata Banerjee. This query is also addressed at: http://www.lawyersclubindia.com/forum/Relieving-letter-and-experienceletter-114409.asp
You may go through the Tamil Nadu Shops and Commercial Establishment Act (Sec: 28, 41, 43, 47...) and Tamil Nadu Shops and Commercial Establishment Rules 1948 {and apply for a certified copy of Form-E, F, G, N... see Rule 16(1) Register of Employment/Service Book) and approach the Inspector appointed under this Act.
You can also download the Act, role, and contact details of Labor Officials from: https://www.citehr.com/294048-notes-ap-shops-establishment-act.html#1957783 http://www.hrindya.com/wp-content/uploads/2010/10/Tamilnadu-Shops-and-Estabilishment-Act-1947.pdf http://www.tn.gov.in/rti/proactive/labour/handbook-labour.pdf
You will find the information posted as useful: http://legalpagal.blogspot.in/2012/02/is-software-it-company-factory-or.html
From India, Chandigarh
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You may go through the Tamil Nadu Shops and Commercial Establishment Act (Sec: 28, 41, 43, 47...) and Tamil Nadu Shops and Commercial Establishment Rules 1948 {and apply for a certified copy of Form-E, F, G, N... see Rule 16(1) Register of Employment/Service Book) and approach the Inspector appointed under this Act.
You can also download the Act, role, and contact details of Labor Officials from: https://www.citehr.com/294048-notes-ap-shops-establishment-act.html#1957783 http://www.hrindya.com/wp-content/uploads/2010/10/Tamilnadu-Shops-and-Estabilishment-Act-1947.pdf http://www.tn.gov.in/rti/proactive/labour/handbook-labour.pdf
You will find the information posted as useful: http://legalpagal.blogspot.in/2012/02/is-software-it-company-factory-or.html
From India, Chandigarh
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Thank you Anand,Swatana Banerjee, Doaba. I am now hopeful that I can find a solution to this. Thanks a lot. Ill look into the details that you gave me and get back to you ppl.
From India, Chennai
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From India, Chennai
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Hi Kishore,
It is an illegal condition that your employer has included in your Appointment letter. You can definitely take legal action against your Employer as per details provided by Mr. Saswata Banerjee and others. However, all this unfortunately takes time and also costs money towards lawyer's fees and other associated expenses. The first priority for you is to join your new Company and once you are settled there, you can think of taking action against your past Employer.
I would suggest that you speak to your new employer and discuss this matter and show them your past Appointment Letter, Payslip, PF Account details (provided your last employer was registered with PF authorities) etc to prove your employment and the period of your service. Nowadays, many Companies do not insist on Relieving letter because for many reasons, a lot of Companies harass employees who have left employment and do not issue or delay Relieving letter and Full and Final settlement. I am sure the HR people in your new Company would be aware of this. So go ahead and speak to your new employer.
Best of luck.
Regards,
Bhaskar J. Roy
From India, New Delhi
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It is an illegal condition that your employer has included in your Appointment letter. You can definitely take legal action against your Employer as per details provided by Mr. Saswata Banerjee and others. However, all this unfortunately takes time and also costs money towards lawyer's fees and other associated expenses. The first priority for you is to join your new Company and once you are settled there, you can think of taking action against your past Employer.
I would suggest that you speak to your new employer and discuss this matter and show them your past Appointment Letter, Payslip, PF Account details (provided your last employer was registered with PF authorities) etc to prove your employment and the period of your service. Nowadays, many Companies do not insist on Relieving letter because for many reasons, a lot of Companies harass employees who have left employment and do not issue or delay Relieving letter and Full and Final settlement. I am sure the HR people in your new Company would be aware of this. So go ahead and speak to your new employer.
Best of luck.
Regards,
Bhaskar J. Roy
From India, New Delhi
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Hi Kishore,
As discussed and advised by our Citehr experts, refusing to provide an Experience Certificate and Relieving Letter is illegal. If it is mentioned in your appointment letter, it serves as proof to file a suit against the employer. However, in practice, when an employee resigns at a time when the employer requires their service, the employer typically refuses to issue these documents. I am aware that in some employment agreements, there is a stipulation that the employee must work for a minimum period, and resigning before that period is considered an offense, giving the employer the right to withhold the relieving letter. This is often due to the significant investment made in training the employee.
In reality, many employers understand the circumstances surrounding resignations and do not insist on a relieving letter or experience certificate. As mentioned earlier, the appointment letter and pay slips are usually sufficient documents for job offers. If an employer does insist on these documents, it is advisable to explain the situation, as employers are familiar with the job market. If you possess the qualities that an employer is seeking, they are unlikely to be concerned about these formalities.
All the Best!
Regards,
P. Paraman.
From India, Selam
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As discussed and advised by our Citehr experts, refusing to provide an Experience Certificate and Relieving Letter is illegal. If it is mentioned in your appointment letter, it serves as proof to file a suit against the employer. However, in practice, when an employee resigns at a time when the employer requires their service, the employer typically refuses to issue these documents. I am aware that in some employment agreements, there is a stipulation that the employee must work for a minimum period, and resigning before that period is considered an offense, giving the employer the right to withhold the relieving letter. This is often due to the significant investment made in training the employee.
In reality, many employers understand the circumstances surrounding resignations and do not insist on a relieving letter or experience certificate. As mentioned earlier, the appointment letter and pay slips are usually sufficient documents for job offers. If an employer does insist on these documents, it is advisable to explain the situation, as employers are familiar with the job market. If you possess the qualities that an employer is seeking, they are unlikely to be concerned about these formalities.
All the Best!
Regards,
P. Paraman.
From India, Selam
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Service Agreement to serve the employer/establishment is created and drafted in lieu of what: some extraordinary favor or some certified training from a certified institute?
The training required to enable the employee to handle the employer's counters must be provided by the employer at no cost to employees.
From India, Chandigarh
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The training required to enable the employee to handle the employer's counters must be provided by the employer at no cost to employees.
From India, Chandigarh
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Resignation before the end of the tenure in a service agreement is not an offense. You may find another thread useful at the following link: http://www.lawyersclubindia.com/experts/Relieving-from-my-company-514871.asp#.VKEaYIJCCQ
From India, Chandigarh
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From India, Chandigarh
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It is the duty of an inspector under the Shops and Establishment Act to ensure that an employee receives their relieving and dues. If an employer fails to do so, the inspector, being a public authority under the Right to Information Act, 2005, can request a copy of the relieving certificate from the employer, which the employer will not be able to refuse.
From India, New Delhi
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From India, New Delhi
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Agreed with Mr. Sushil K luthra. It is indeed the duty of Inspector. Aware and well informed person can spread awareness.
From India, Chandigarh
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From India, Chandigarh
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Dear Banerjee,
I am trying to produce a new methodology within the legal framework that is cheaper, speedier, and more effective. Under section 2(f) of the RTI Act, information from a private body can be accessed if it can be accessed by a public authority. Since an inspector is a public authority and under the Act, he has to ensure compliance with these functions, the easiest way is to make a representation to him and then ask for information from him regarding the steps he has taken to obtain the necessary documents and to request a copy of the certificate from the employer. Further steps can be taken under the Act to acquire the necessary information.
Thank you.
From India, New Delhi
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I am trying to produce a new methodology within the legal framework that is cheaper, speedier, and more effective. Under section 2(f) of the RTI Act, information from a private body can be accessed if it can be accessed by a public authority. Since an inspector is a public authority and under the Act, he has to ensure compliance with these functions, the easiest way is to make a representation to him and then ask for information from him regarding the steps he has taken to obtain the necessary documents and to request a copy of the certificate from the employer. Further steps can be taken under the Act to acquire the necessary information.
Thank you.
From India, New Delhi
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I have a few suggestions. First of all, you should send a request letter asking for a minimum of a 'relieving letter' with a rider that failure will be taken to court at their cost and risk. After a week or so, if it's not forthcoming, you should issue a legal notice through an advocate. If it fails, you can file a suit in a civil court of appropriate jurisdiction as mentioned in the Appointment letter. I think you'll have a fair chance of getting it provided you have all documents with you to support your cause.
On the other hand, had you resigned and the same was accepted by them by way of mail or an acknowledgment or communication to show they accepted your resignation, it should serve your purpose. Moreover, to support your litigation, you need a 'document from your prospective employer demanding such a relieving letter failing, which you stand forfeited'. This will serve as a 'cause of action' and the court can act on that. Try this.
From India, Bangalore
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On the other hand, had you resigned and the same was accepted by them by way of mail or an acknowledgment or communication to show they accepted your resignation, it should serve your purpose. Moreover, to support your litigation, you need a 'document from your prospective employer demanding such a relieving letter failing, which you stand forfeited'. This will serve as a 'cause of action' and the court can act on that. Try this.
From India, Bangalore
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