I had quit a company in 2005 due to a personal emergency(not medical reason) served a 1 week notice, gave a written resignation letter and had a small send off.I obviously did not get the relieving letter because I did not serve the 1 month of notice period as mentioned in the offer letter.I now realize the importance of this letter(Better late than never):)
Now my questions are:
1.)Can I go back and ask for it?, will I be given the letter if I agree to pay the amount whatsoever?
2.)In my offer letter it said that 1 month of notice period OR 1 month of Salary
----a.)Now, someone from inside the company says that the rules have changed and its now 3-4 months, so Is this applicable to me? or do I have to stick with the 1 month as mentioned in my offer letter?
----b)1 month of salary---> does that mean Basic/Gross salary?
HR Guys...Please advise
thank you in advance
Regards
Vishal

From India, Hyderabad
Dear Vishal,

I do not think that a relieving letter of 2005 will be of any use for you. Normally, a relieving order from the immediate employer is the one which is required to join a new establishment. Similarly, from the company's side also it is not possible for them to 'relieve' you on a prior date because a relieving order will be numbered and dated latest showing that 'you have been relieved'. However, if you have not collected your service certificate (which shows your service with the company) then you can press for that. A Service Certificate will always be a record of your service.

For getting a service certificate of 2005, I do not think that the company would insist for payment in lieu of notice period when you were formally given a send off in an official manner. Certainly, a company may hold certificate if an employee leaves without any notice but in such an instance the company will not make a formal farewell also! No professionally managed establishment will victimise employees even after four long years or demands a notice pay for granting a certificate. If the management is so cheap, then you may pay one moth basic salary plus DA, if applicable, which was the condition while you were in service.

Regards,

Madhu.T.K

From India, Kannur
Thanks so much Madhu for the reply.Actually I have been selected in one of the companies and they said that they would need the relieving letter from this particular company, even though they know the situation.So, I said that I would try to get it now.
So, what you are saying that I should be able to get a service certificate without paying anything?...Can you please elaborate as to what this would contain...Is this like a letter that says that Mr. XYZ was employed for so and so dates and worked on so and so...
I don't know if a service certificate would be accepted instead of a relieving letter..i will have to ask the HR of this company...
Also, I just wanted to be sure of this one last thing...as per the contract letter, I am supposed to pay 1 month of salary(Basic)+DA or whatever and NOT 3-4 months(which supposedly has been increased from one) Am I Right?

From India, Hyderabad
Vishal,
The company may issue the releiving letter after getting the clearance and settlement of all dues. As you said in your offer letter there was a clause of 1 month otherwise will have to pay 1 month salary. then in that case, only the same will be applicable to you though now the policy has changed in that particular company. Also need to tell you that after giving the pending dues you can get the releiving letter and experience letter as well and no company can deny to give that....Ashok

From India, New Delhi
Dear Vishal,
My suggestion, first , have you spoken to your company from whom you wanted the relieving letter. If No, why "worry the worry before worry would worry you". Hope you got that.
Speak to the HR there and inform them of their help you need and I am sure after 4 years, why would they have a a problem to issue you a certificate, provided you had a strong case of mis-behavior or otherwise.
Regards
Ukmitra

From Saudi Arabia, Riyadh
B option is applicable for you.
You directly speak to HR dept and send a mail/registered post to them,definatley they would reply and ask to you serve balance days or pay one month wages.
If you face any problem,our NGO can help to discuss about you to your previous organisation.
Best Regards
Sajid
Best Regards
Sajid

From India, Delhi
Mr Madhu has given the right answer to your issue. As mentioned by Mr Madhu, now request the previous employer to give you a service certificate stating that " Mr xmxmxm was working with us as xxxxxxxxxxx from xx/xx/xxxx to xx/xx/xxxx. He has left the services on his own. They may have their own format of giving service certificate.

From India, Madras
Hi,
Previously i was working with an IT company in Pune. I got the offer from Bangalore and so i resigned on 7th Feb, 2010. My notice period was 1 month; but due to some internal issues my management has terminated my services after serving 20 days notice period.
My current employer has accepted me without relieving letter. Now i have the offer from another company and they are asking for the relieving letter.
I have all the proper documents throughout my carrier except one employers relieving out of my 4 employers.
Please suggest me what to do in this situation.
Sachin

From India, Bangalore
It think the above has been discussed here. A relieving letter of immediate previous employer is what is required when you join a new establishment and for the rest of your service only service certificates are required. Therefore, I don't think that you need to collect relieving certificate from the employer where you worked in 2010.
Regards,
Madhu.T.K

From India, Kannur
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