Hello,
I was working in automobile field under 5 years service agreement. I finished 4.5 years. Since, i got very good offer from another concern & i resigned. My employer saying me to pay 3 months salary instead of 7 months & i also paid.
Now they are refusing me to give the relieving letter.
At this time what i can do? How should i get the letter. In this stage shall i file a case against them?
I am going to get offer from competitor company of old employer. Will they can file law against me?
Please suggest me.
From India, Madras
I was working in automobile field under 5 years service agreement. I finished 4.5 years. Since, i got very good offer from another concern & i resigned. My employer saying me to pay 3 months salary instead of 7 months & i also paid.
Now they are refusing me to give the relieving letter.
At this time what i can do? How should i get the letter. In this stage shall i file a case against them?
I am going to get offer from competitor company of old employer. Will they can file law against me?
Please suggest me.
From India, Madras
HI Bala,
This is very unfortunate that your ex company is not providing you a relieving letter - this is despite you forfeiting your sal for 3months. This was anyways an unfair thing.
In such a case, all i can suggest is, you ask them one last time. Try approaching a person who is a softie in the HR system but also who can influence turn of events.
If that too doesnt help, simply forwarding 'an acceptance of Resignation' on email/paper will also suffice. I'm assuming you at least have a copy of that with you.
Filing a legal suit against your ex-company might not help, it will most likely backfire on you only.
Im hoping the advice helped.
Thanks,
Kanishka Saha
From India
1This is very unfortunate that your ex company is not providing you a relieving letter - this is despite you forfeiting your sal for 3months. This was anyways an unfair thing.
In such a case, all i can suggest is, you ask them one last time. Try approaching a person who is a softie in the HR system but also who can influence turn of events.
If that too doesnt help, simply forwarding 'an acceptance of Resignation' on email/paper will also suffice. I'm assuming you at least have a copy of that with you.
Filing a legal suit against your ex-company might not help, it will most likely backfire on you only.
Im hoping the advice helped.
Thanks,
Kanishka Saha
From India
hi bala
you ex-company is real crap in simple language. its a very regular practice now a days to play with employees specially those are not having process in place.
just give three request letter to your HR with CC to Sr. Management. still if you dont receive any, you have all rights to go legal on them as they dont have rights to play with your career.
because you are capable they hired you very simple.
if you are from Hyderabad let me know i can guide you step by step with a legal Lawyer.
From India, Hyderabad
you ex-company is real crap in simple language. its a very regular practice now a days to play with employees specially those are not having process in place.
just give three request letter to your HR with CC to Sr. Management. still if you dont receive any, you have all rights to go legal on them as they dont have rights to play with your career.
because you are capable they hired you very simple.
if you are from Hyderabad let me know i can guide you step by step with a legal Lawyer.
From India, Hyderabad
hi friends,
Same is happen to me also , my ex-employer had not giving me an experience letter and its almost 1.2yrs and i am in new job right now, till date i am trying to take exp letter, but director is not responding and HR person cant do anything , because its a small IT company all decision is taken by director itself.
Servel times i email them , called them nobody is ready to attend me.............
the reason behind of my resignation is job change ,that director dont like and he stop my reliving letter....
what should i do right now.....
i am from mumbai
please help
From India, Pune
Same is happen to me also , my ex-employer had not giving me an experience letter and its almost 1.2yrs and i am in new job right now, till date i am trying to take exp letter, but director is not responding and HR person cant do anything , because its a small IT company all decision is taken by director itself.
Servel times i email them , called them nobody is ready to attend me.............
the reason behind of my resignation is job change ,that director dont like and he stop my reliving letter....
what should i do right now.....
i am from mumbai
please help
From India, Pune
Dear Shbawadiya,
You have all rights to leave your job for any reason.You are working there
for more than year so you must have the salary a/c.Take a bank statement
from bank and thats clearly show your experience plus your appointment
letter and releiving letter (if with you) also work as a proof of working.
Let me know the details about ur docs.
Regards
Arijit
From India, Mumbai
You have all rights to leave your job for any reason.You are working there
for more than year so you must have the salary a/c.Take a bank statement
from bank and thats clearly show your experience plus your appointment
letter and releiving letter (if with you) also work as a proof of working.
Let me know the details about ur docs.
Regards
Arijit
From India, Mumbai
Hi
Unless we know the contents of the service agreement, it is not at all advisable to give any suggestion.
If the agreement contains any clasue for seperatiion by payment of certain months salary and if you have done it, you should be given the releiving letter, provided that you have copmpleted all the relieving formalities. In case you have complied with all the requirements, you have every choice to proseed legally against your employer. There are certain legal judgemetns, wherein the employee claimed continuity of employement with back wages since his current employer has terminated his employment for his failure to submit the relieveing letter from his pravious employer and the HC & SC have proclaim ed judments in his favour.
Kanna.vijayakumar
From India, Secunderabad
Unless we know the contents of the service agreement, it is not at all advisable to give any suggestion.
If the agreement contains any clasue for seperatiion by payment of certain months salary and if you have done it, you should be given the releiving letter, provided that you have copmpleted all the relieving formalities. In case you have complied with all the requirements, you have every choice to proseed legally against your employer. There are certain legal judgemetns, wherein the employee claimed continuity of employement with back wages since his current employer has terminated his employment for his failure to submit the relieveing letter from his pravious employer and the HC & SC have proclaim ed judments in his favour.
Kanna.vijayakumar
From India, Secunderabad
Hi Everyone,
I have spoken to HR person. He said me to provide the letter contains - Request for Relieving before service aggrement. And also they request me to add " I am not joining any competitor company"
If i provide this kind of letter, what they can do if i join in competitor company.
My service aggrement in two side bond.
Shall i make fake signature and provide it my employer? If I caught, i can show notice period paid proof & I can say after paid they provided.
From India, Madras
I have spoken to HR person. He said me to provide the letter contains - Request for Relieving before service aggrement. And also they request me to add " I am not joining any competitor company"
If i provide this kind of letter, what they can do if i join in competitor company.
My service aggrement in two side bond.
Shall i make fake signature and provide it my employer? If I caught, i can show notice period paid proof & I can say after paid they provided.
From India, Madras
Dear Friend
Contact labour court put a case with all relavent documents ( appointment letter, your 7 months salary paid with cheque number) if things go worse, labour court will give you experience letter and reliving letter.
Hrd@hr
From India, Bangalore
Contact labour court put a case with all relavent documents ( appointment letter, your 7 months salary paid with cheque number) if things go worse, labour court will give you experience letter and reliving letter.
Hrd@hr
From India, Bangalore
You can state that you are not joining the competitor and get the relieving certificate. Hope you have not informed them about your present employer.
Later, if you join the competitor company, no problme to you. It is a pracatice now a days to ask for such undertaking nad it will not bind you legally. Isdt is a common sense that we join the new similar company based on our past experience. However, we should not work in both the companies at a time.
kanna.vijayakumar
From India, Secunderabad
Later, if you join the competitor company, no problme to you. It is a pracatice now a days to ask for such undertaking nad it will not bind you legally. Isdt is a common sense that we join the new similar company based on our past experience. However, we should not work in both the companies at a time.
kanna.vijayakumar
From India, Secunderabad
HI,
You can definitely make it legal but, ifronm the discussion, i think your present organisation is not having any standing orders or following any policies strictly.
Another option is to collect your offer letter, appointment letter, the bank statements with your salary credits and then provide these to your new employer.
But.. donot even think of forging the signature and submit the documents t o your new employee. Employment should be on mutual trust and if they findout that you have manipulated , it might lose faith in you and this might stand out to be an additional hindrance. so, instead of attempting for nay such, one last time ,discuss wit hyour present employer and then if it doesnot turn out good,provide all the details to your new employer and then can take things further.
MOre over, you need not worry about joining competitor organisation as this cannot be legally acceptible and unless you have a dual employment, nothing can hamper your career.
so, All the Bet
From India, Hyderabad
You can definitely make it legal but, ifronm the discussion, i think your present organisation is not having any standing orders or following any policies strictly.
Another option is to collect your offer letter, appointment letter, the bank statements with your salary credits and then provide these to your new employer.
But.. donot even think of forging the signature and submit the documents t o your new employee. Employment should be on mutual trust and if they findout that you have manipulated , it might lose faith in you and this might stand out to be an additional hindrance. so, instead of attempting for nay such, one last time ,discuss wit hyour present employer and then if it doesnot turn out good,provide all the details to your new employer and then can take things further.
MOre over, you need not worry about joining competitor organisation as this cannot be legally acceptible and unless you have a dual employment, nothing can hamper your career.
so, All the Bet
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Resignation cum relieving letter.doc