Hi, this is Yadu. Right now, I am going through a big problem because of my relieving letter. Actually, this is my 2nd company. I resigned from my previous company in September 2013. As per me, I had to serve a 1-month notice period, but according to my previous company's policy, it's 2 months, which I was not aware of. I resigned from my 1st company and managed to join my present company by serving a 1-month notice. After joining my new company, I received my relieving letter stating that I was relieved on 19th November 2013, which in turn affects my present company where I joined on 3rd October 2013.
In 2013, my present company's HR accepted me with my explanation about the miscommunication regarding my notice period. Unfortunately, he got transferred to another branch. After serving 1 year in my present company, the same issue of relieving popped up with the new HR. My new HR wants me to submit a new relieving letter with corrected dates, but my previous company is not ready to do it. In this situation, I am receiving daily warning calls from my HR due to the relieving letter. Kindly help me to solve this problem. Please, please, please.
From India,
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In 2013, my present company's HR accepted me with my explanation about the miscommunication regarding my notice period. Unfortunately, he got transferred to another branch. After serving 1 year in my present company, the same issue of relieving popped up with the new HR. My new HR wants me to submit a new relieving letter with corrected dates, but my previous company is not ready to do it. In this situation, I am receiving daily warning calls from my HR due to the relieving letter. Kindly help me to solve this problem. Please, please, please.
From India,
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How could HR ignore this? It falls under dual employment. Also, how did your previous company issue you a relieving letter stating your relieving date as 19th Nov '13? They could mention that as per the offer letter, the relieving date should be 19 Nov, but the actual relieving date was in October '13 as the employee served just a 30-day notice. Both are wrong to some extent. Do you have your corresponding emails and communication details? Sit with the proofs you have and talk on reality grounds. Let's see what seniors have to say!
From India, Mohali
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104From India, Mohali
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As per Madras High Court in Shaw Wallace Ltd. case decided on 13.1.1999, the notice period has to be in accordance with the Shops and Establishments Act, despite any agreement to the contrary. This regulation governs the field until overruled and is generally 30 days. Therefore, instruct your former employer to revise your relieving letter to comply with the Act's provisions, which you had followed. If they fail to do so, approach the inspector by submitting a representation. If the inspector does not take action, resort to the Right to Information (RTI) Act, 2005, by inquiring about the steps taken to ensure compliance with the law regarding relieving and settlement of employees' dues, as it is their duty under the Act. If this approach also yields no results, escalate the matter to their higher authorities.
From India, New Delhi
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From India, New Delhi
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In continuation of above note, it may be pointed out that under section 2(f) of the RTI Act, 2005 information can be sought from a private body if it can be accessed by a public authority.
From India, New Delhi
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From India, New Delhi
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Dear,
I do not understand why HR is asking after 1 year. They should have asked before joining. If you feel your performance is okay, then talk to your boss and tell him that HR is unnecessarily disturbing your peace. It is not a matter to be taken so seriously.
Regards,
JS Malik
From India, Delhi
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I do not understand why HR is asking after 1 year. They should have asked before joining. If you feel your performance is okay, then talk to your boss and tell him that HR is unnecessarily disturbing your peace. It is not a matter to be taken so seriously.
Regards,
JS Malik
From India, Delhi
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Hi Yadu,
Your previous company can't say that they can't issue the revised relieving letter. As per me, your relieving letter should have the real date of resignation and the Last Working Day (LWD).
My suggestion is to meet your previous company's HR directly and ask them to provide the proof (like attendance entry, your signature somewhere after your LWD) which they have post your LWD. Also, provide the proof you have that shows your LWD, such as your resignation acceptance email or letter copy. This may help you get a corrected relieving letter.
Regards,
Manikkavasagan R
From India
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Your previous company can't say that they can't issue the revised relieving letter. As per me, your relieving letter should have the real date of resignation and the Last Working Day (LWD).
My suggestion is to meet your previous company's HR directly and ask them to provide the proof (like attendance entry, your signature somewhere after your LWD) which they have post your LWD. Also, provide the proof you have that shows your LWD, such as your resignation acceptance email or letter copy. This may help you get a corrected relieving letter.
Regards,
Manikkavasagan R
From India
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If your last company deducted PF, there should be proof of your last working day. In your withdrawal form, your last working day should be mentioned. Also, in Form 3A, you can easily prove it because your employer cannot deposit your PF contribution after you leave the organization. Submit these copies to your new HR.
From India, Kolkata
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From India, Kolkata
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Hi Yadhu,
The attendance records and PF withdrawal forms should have the last date of working. This date should match with the relieving letter date. Please get it corrected from the HR Department at the earliest. This is as per statutory norms.
Regards,
Deepak Vasudevan.
From India, Ernakulam
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The attendance records and PF withdrawal forms should have the last date of working. This date should match with the relieving letter date. Please get it corrected from the HR Department at the earliest. This is as per statutory norms.
Regards,
Deepak Vasudevan.
From India, Ernakulam
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Mr. Sushil K Luthra is absolutely right.
It is indeed a pleasure to note that members and experts who are clear are posting their valuable advice in threads at CiteHR and making contributions. There are many judgments by the court of law.
A precisely similar query has been discussed by me at the following link: http://www.lawyersclubindia.com/forum/Dual-employment-please-advice-114460.asp#.VK40TcuUcqM You can pick up the relevant points.
No private policy/rule/agreement drafted/crafted by an employer can supersede, overrule, or prevail upon an Act/Instrument of Law. Falsification of records (that apparently is done by HR) is an offense, and this too is stated in the Shops and Commercial Establishments Act.
You may not hesitate to approach an able Labor Law Consultant/Service matters lawyer if the need be.
From India, Chandigarh
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It is indeed a pleasure to note that members and experts who are clear are posting their valuable advice in threads at CiteHR and making contributions. There are many judgments by the court of law.
A precisely similar query has been discussed by me at the following link: http://www.lawyersclubindia.com/forum/Dual-employment-please-advice-114460.asp#.VK40TcuUcqM You can pick up the relevant points.
No private policy/rule/agreement drafted/crafted by an employer can supersede, overrule, or prevail upon an Act/Instrument of Law. Falsification of records (that apparently is done by HR) is an offense, and this too is stated in the Shops and Commercial Establishments Act.
You may not hesitate to approach an able Labor Law Consultant/Service matters lawyer if the need be.
From India, Chandigarh
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Thank you, Mr. Ddoaba, for agreeing with the approach I tried to introduce within the legal framework to come to the rescue of those who cannot fight financially mighty opponents. In similar questions on this site, I have elaborated further on how to pursue obtaining relief.
From India, New Delhi
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From India, New Delhi
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