Hello, I was employed as a Full-Stack Developer in my previous organization from May 1st, 2022, and was laid off. My last day was 9th Feb 2024.
As I was laid off, am I eligible to get the Relieving Letter? When I asked HR, she said I am not entitled to receive the Relieving Letter since I did not resign.
Please guide me on this.
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As I was laid off, am I eligible to get the Relieving Letter? When I asked HR, she said I am not entitled to receive the Relieving Letter since I did not resign.
Please guide me on this.
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I believe that you are not laid off but you are terminated from service. The former stands for a temporary arrangement by the management when there is a crisis like a lack of order, surplus stock, etc., and during the period of layoff, the employee laid off should be paid a salary at the rate of 50% of the salary.
When you are terminated, you will get a relieving order. You are also entitled to get a service letter, but that letter will show that you have been terminated for reasons mentioned therein. Therefore, in reality, if you have been asked to go due to redundancy, make it a resignation so that you will get a relieving cum service certificate showing that you have been relieved following your resignation.
Whatever be the reason for retrenchment/termination, there should be some communication from the employer to the employee. Normally, the HR will not issue a letter stating that you have been terminated. If issued, due to oversight, the employee concerned MAY take it to the Labour Officer, and then the consequences would be serious. This is because a confirmed employee cannot be terminated without reasons and without following certain principles, and if terminated, the same would be illegal and shall backfire on the management.
From India, Kannur
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4483When you are terminated, you will get a relieving order. You are also entitled to get a service letter, but that letter will show that you have been terminated for reasons mentioned therein. Therefore, in reality, if you have been asked to go due to redundancy, make it a resignation so that you will get a relieving cum service certificate showing that you have been relieved following your resignation.
Whatever be the reason for retrenchment/termination, there should be some communication from the employer to the employee. Normally, the HR will not issue a letter stating that you have been terminated. If issued, due to oversight, the employee concerned MAY take it to the Labour Officer, and then the consequences would be serious. This is because a confirmed employee cannot be terminated without reasons and without following certain principles, and if terminated, the same would be illegal and shall backfire on the management.
From India, Kannur
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Hello Madhu T K,
I appreciate your quick response.
I am pretty sure that I was laid off. On 9th Jan 2024, I had a Google Meet with HR & Product Manager, and I was informed that I was being laid off because the operations of the product I was working on in India were shut down, leading to a reduction in team size.
In this case, it's a Lay Off. Am I still entitled to receive the Relieving Letter?
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I appreciate your quick response.
I am pretty sure that I was laid off. On 9th Jan 2024, I had a Google Meet with HR & Product Manager, and I was informed that I was being laid off because the operations of the product I was working on in India were shut down, leading to a reduction in team size.
In this case, it's a Lay Off. Am I still entitled to receive the Relieving Letter?
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It is due to ignorance of law associated with HR that the HR Manager has used the word 'lay off'. It seems to be that you are asked to go and not laid off. If it is a layoff, then you will be continuing in service but will not be working, and in order to compensate, you will be paid layoff compensation. Hence, I am pretty sure that you are being retrenched permanently. Still, you can ask the HR person whether you have been 'laid off' or 'retrenched'.
In any case, there should be a letter from the management. If the management confirms that their decision is to terminate you and not to lay you off for the time being, you can ask whether you could submit a resignation so that you would get a service certificate which can be used to find a career. This will also help the HR to process the F&F smoothly and without any legal issues.
From India, Kannur
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In any case, there should be a letter from the management. If the management confirms that their decision is to terminate you and not to lay you off for the time being, you can ask whether you could submit a resignation so that you would get a service certificate which can be used to find a career. This will also help the HR to process the F&F smoothly and without any legal issues.
From India, Kannur
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We deeply regret to inform you that due to the lack of significant progress in the ProductName project, we have made the decision to shut down ProductName India Operations and dissolve the internal team of ProductName. Therefore, we are notifying you that February 9, 2024, will be your last working day with us, and we are providing you with advanced notice. We believe this timeframe will allow you to seek out new opportunities.
I received this email following the Google Meet on January 9th. In this situation, am I entitled to a Relieving Letter? Please provide guidance.
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I received this email following the Google Meet on January 9th. In this situation, am I entitled to a Relieving Letter? Please provide guidance.
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This is a notice for terminating your service. You can ask for a relieving order, and it should be provided. The manner in which the letter will be worded cannot be predicted because it will read as "Following the shutdown of ProductName India Operations and the dissolution of the internal team of ProductName, you have been relieved/you stand relieved from service on 9th March 2024." A good HR professional will also provide you with a service certificate that describes the duties you have performed and the name of the project you were working on. This certificate can be beneficial for your future career opportunities. However, obtaining this certificate depends on the culture of the organization. You must request it; it will not be given automatically.
From India, Kannur
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From India, Kannur
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I asked the HR for the Relieving Letter, and they're saying as follows:
- A Relieving Letter can't be given
- As you have not resigned
I got this message from the HR on WhatsApp. What should I do in this situation?
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- A Relieving Letter can't be given
- As you have not resigned
I got this message from the HR on WhatsApp. What should I do in this situation?
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Why do you make communications through WhatsApp? Don't you have a system of talking to the HR person in person? Why is the HR sitting in the chair when he cannot help an employee? If you are retrenched, then you should get a relieving letter. If they don't give a letter, then it would be construed that you are still in service. Issuing a relieving letter only relieves an employee of his responsibilities as an employee. Your HR Manager does not know the basics of HR, and that is why he is talking such nonsense. Certainly, if your service is terminated for any other reason like a performance issue or misconduct, then there is genuineness in saying that no relieving letter will be issued. In such cases also, I would say that a relieving letter is to be issued, even though a service certificate cannot be issued because the latter would cause the employee a stigma when the letter would say that "he was relieved following a termination order subsequent to his failure to meet performance criteria...". But a relieving letter does only say that "following the communication dated .....about the dissolution of the project, you have been relieved.". This is to be given to you if the facts are clear.
Now I cannot teach your HR person the HR protocols and policies because all these are company-centric. I also understand that your HR has no knowledge about HR in general and Industrial and employee relations in particular. He is sitting in a dream palace to which nobody is allowed to enter. Very sad to say that this type of HR persons are those who spoil the company name and reputation.
I don't know whether you have gone through my profile. I can understand you are getting irritated with my replies too. Before reading further please note that I have been in the HR field for the last three decades. I have seen the old style of personnel management and the new Gen HR. Many HR persons follow me and take advice from me every day. It is unfortunate that your HR is not my follower. Had him be my follower, I would have guided him properly and I would have told him that HR is just a GLORIFIED CLERK and nothing more than that!
From India, Kannur
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Now I cannot teach your HR person the HR protocols and policies because all these are company-centric. I also understand that your HR has no knowledge about HR in general and Industrial and employee relations in particular. He is sitting in a dream palace to which nobody is allowed to enter. Very sad to say that this type of HR persons are those who spoil the company name and reputation.
I don't know whether you have gone through my profile. I can understand you are getting irritated with my replies too. Before reading further please note that I have been in the HR field for the last three decades. I have seen the old style of personnel management and the new Gen HR. Many HR persons follow me and take advice from me every day. It is unfortunate that your HR is not my follower. Had him be my follower, I would have guided him properly and I would have told him that HR is just a GLORIFIED CLERK and nothing more than that!
From India, Kannur
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Hello Madhu T K,
I have been working in a remote position since the beginning of my joining, so I've had to contact them through WhatsApp.
I called her a few minutes back, and again she said that a relieving letter is given to those who have resigned. I said to her that I talked to a few people and checked on Google, and it's not something that only resigned individuals get a relieving letter; everyone is entitled to it. Then she said, "If you need it, I'll give it to you." I replied, "Yes, I need it," and she said she will try to provide it on Monday.
Madhu Sir, I'm not irritated with your replies. This is my first job, and I was terminated. When HR said this, I was worried, stressed, and anxious. Furthermore, I checked on Google and learned (not 100% sure on this) that if there's no relieving letter, it can pose problems in a new job.
Due to all this, Madhu Sir, I was bothering you, asking numerous questions, and seeking help.
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I have been working in a remote position since the beginning of my joining, so I've had to contact them through WhatsApp.
I called her a few minutes back, and again she said that a relieving letter is given to those who have resigned. I said to her that I talked to a few people and checked on Google, and it's not something that only resigned individuals get a relieving letter; everyone is entitled to it. Then she said, "If you need it, I'll give it to you." I replied, "Yes, I need it," and she said she will try to provide it on Monday.
Madhu Sir, I'm not irritated with your replies. This is my first job, and I was terminated. When HR said this, I was worried, stressed, and anxious. Furthermore, I checked on Google and learned (not 100% sure on this) that if there's no relieving letter, it can pose problems in a new job.
Due to all this, Madhu Sir, I was bothering you, asking numerous questions, and seeking help.
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Ok. Fine. Anyway, the HR person has committed to give you a relieving order. Now you can let her know the situation that you are facing, the future job hunting, and the consequences of wrong wordings in the relieving order that would haunt you throughout your career, etc. Therefore, please convince her to issue you a letter that will not create problems in the future. As already mentioned, it all depends on the attitude of the HR person. They can either support a relieving employee or harm an employee's career.
Be positive. If you need any personal help, please feel free to call me. My contact number is 9847583239.
From India, Kannur
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Be positive. If you need any personal help, please feel free to call me. My contact number is 9847583239.
From India, Kannur
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Resignation cum relieving letter.doc