Hello, I was employed as a Full-Stack Developer in my previous organization from May 1st, 2022, and was laid off. My last was 9th Feb 2024.
As I was laid off, then am I eligible to get the Reliving Letter? As I asked HR, she says I am not entitled to get the Reliving Letter as I have not resigned.
Please guide me on this.
As I was laid off, then am I eligible to get the Reliving Letter? As I asked HR, she says I am not entitled to get the Reliving Letter as I have not resigned.
Please guide me on this.
I believe that you are not laid off but you are terminated from service. The former stands for temporary arrangement by the management when there is a crisis like lack of order, surplus stock etc, and during the period of lay off the employee laid off should be paid salary at the rate of 50% of salary.
When you are terminated, you will get a relieving order. You are also entitled to get a service letter but that letter ill 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 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 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
4238When you are terminated, you will get a relieving order. You are also entitled to get a service letter but that letter ill 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 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 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
Hello Madhu T K,
I appreciate your quick response.
I am pretty sure that I was laid off, as on 9th Jan 2024 I got into the Google Meet with HR & Product Manager and I was conveyed that we're laying you off due to the Product I was working its operations in India been shut down due to which they're reducing the team size.
so in this case, it's Lay Off, so still am I entitled to receive the Reliving Letter?
I appreciate your quick response.
I am pretty sure that I was laid off, as on 9th Jan 2024 I got into the Google Meet with HR & Product Manager and I was conveyed that we're laying you off due to the Product I was working its operations in India been shut down due to which they're reducing the team size.
so in this case, it's Lay Off, so still am I entitled to receive the Reliving Letter?
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 is not lay off. If it is lay off, then you will be continuing in service but will not be working, and in order to compensate, you will be paid lay off 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 off you for the time being, you can ask whether you could submit 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
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 off you for the time being, you can ask whether you could submit 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
We deeply regret bringing to your notice that as there is no significant progress in the ProductName project we are shutting down ProductName India Operations and dissolving the internal team of ProductName. So, we are notifying you that 09th February 2024 will be your last working day with us and hence we are serving you with advanced notice. We believe this period will help you to find a new opportunity.
this is the Email I got post Google Meet on 9th January, so in this case, am I entitled for Reliving Letter or not? please guide me
this is the Email I got post Google Meet on 9th January, so in this case, am I entitled for Reliving Letter or not? please guide me
This is a notice for terminating your service. You can ask for relieving order. They should give it. The manner in which the letter would be worded cannot be predicted, because it shall read as" Following shutting down ProductName India Operations and dissolving the internal team of ProductName, you have been relieved/ you stand relieved from service on 9th March 2024". But a good HR will definitely give you a service certificate also describing the duties that you have performed, the name of the project in which you were working etc. That would give you a space in the career opportunities tomorrow. As I said, it depends on the culture of the organisation. But you have to ask for that certificate. Nobody will give a certificate by himself, but you should request and get it.
From India, Kannur
From India, Kannur
I asked the HR for the Reliving Letter then they're saying as follow:
- A Reliving Letter can't be given
- As you have not resigned
I got this message from the HR on WhatsApp, then what to do on this?
- A Reliving Letter can't be given
- As you have not resigned
I got this message from the HR on WhatsApp, then what to do on this?
Why do you make communications through whatsapp? Don't you have a system of talking to the HR person in person? Wht the HR is 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 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 bullshits. Certainly, if your service is terminated for any other reason like performance issue or misconduct, then there is genuinity 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 relived 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 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 advises 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
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 advises 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
Hello Madhu T K
I have been working in 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 reliving letter is given to those who have resigned, I said to her that I talked few people & checked on Google and all and that it's not something like Resigned People get Reliving Letter, but everyone are entitled, then she said if you need it I'll give you, then I said Yes, I need it, then she said I'll try on Monday.
and Madhu Sir, I'm not irritated with your replies, and this is my first job, and I was terminated, and when HR said this, I was worried, stressed & worried too much this. Furthermore, I checked on Google and came to know (not 100% sure on this) that if there's no reliving letter then in a new job it can be problematic and all.
and due to all this Madhu Sir, I was bothering you & asking numerous questions and asking for help
I have been working in 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 reliving letter is given to those who have resigned, I said to her that I talked few people & checked on Google and all and that it's not something like Resigned People get Reliving Letter, but everyone are entitled, then she said if you need it I'll give you, then I said Yes, I need it, then she said I'll try on Monday.
and Madhu Sir, I'm not irritated with your replies, and this is my first job, and I was terminated, and when HR said this, I was worried, stressed & worried too much this. Furthermore, I checked on Google and came to know (not 100% sure on this) that if there's no reliving letter then in a new job it can be problematic and all.
and due to all this Madhu Sir, I was bothering you & asking numerous questions and asking for help
Ok. Fine. Anyway the HR person has committed to give you 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 chase you throughout your career etc. Therefore, please convince her to issue you a letter which will not create problems in future. As already said, it all depends on the attitude of the HR person. he can either support a relieving employee or spoil the career of an employee.
Be positive. If you need any personal help, please feel free to call me. My contact number is 9847583239.
From India, Kannur
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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Reliving+Experi ence Letter.doc