No Relieving Letter: Job Offer from MNC but Very Little Documentation

Background: I am a 23-year-old female. I worked for a very small company, XYZ, in Hyderabad for nearly two years after my engineering. Around one and a half months ago, I got selected in a major MNC. There have been a few cases in my company when people wanted to leave (legally and fulfilling all formalities) for similar good jobs, who ultimately had to let go of these opportunities since my company deliberately tried to withhold documents like relieving documents and experience letters, just to make them stay longer.

So I panicked when I got the joining letter from the MNC and told my HR that I was going to get married and wanted to leave in two months. This might have been a mistake since they asked for proof of marriage, and only then they would give me my resignation acceptance letter and relieving letter. I did not know what to do, so I had to get fake wedding invitations printed to give to this HR. After giving the card to her, she reneged on her word and said that now she would send an employee to confirm that I was really going to get married. So they made me leave last March 31, 2016, with no relieving letter or resignation letter saying that I will get it after May even though I said I will get married on April 18 (which is actually my joining day in the MNC). They have not even given me my salary for the month of March which usually gets credited on the 10th of every month.

Now I am going to join on April 18 with none of the required documents. The good thing is that I have the joining letter of the XYZ company and also the hike letter I received there last year. I also have detailed bank statements where XYZ credits salary regularly on the 10th of every month. I am not sure what to do. Should I come clean to the HRs at the MNC?

From India, Hyderabad
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nathrao
3251

What documents has the MNC asked from you? If they ask for a receiving letter, there will be a problem. How do you intend to tackle the issue? Hurried printing of a marriage card can cause you problems. What background verification (BGV) does this MNC conduct? You need to handle the potential fallout very carefully. You may have to come clean with your MNC HR in a convincing manner.
From India, Pune
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First of all, the company is totally wrong as they are intruding into someone's personal life, even if the invitation card is fake. Please go through your appointment letter and confirm the notice period and FNF period. Also, communicate to your company that the present company will delay in issuing the experience letter. They will understand the concern. You can forward your resignation email to them. Marriage will not be an issue. If a background check will be conducted, the reason for the change can be anything. You just need to worry about their remarks on rehiring or behavior. So, be polite with both ends and tactfully handle the situation.

But yes, you are wrong to produce a marriage card. Don't stretch this issue, and this matter is not significant. Just be calm and act sincerely.

All the best!

From India, Mohali
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Hi Nathrao, thanks for the prompt answer.

The MNC has asked for a relieving letter or resignation acceptance. The wedding card has already been given to them, and I agree it was probably a mistake. I should have had the sense to tell them it was none of their business.

I am not sure if they have already conducted background checks on me, and I am too afraid to ask since it could lead to them suspecting me. My boyfriend, whose name is on the card and who will eventually marry me, also works in the mentioned MNC. He is thinking of calling my HR to ask her to provide the documents. We plan on telling her that he got me a job on very short notice. If they disagree, he plans on asking whether they want to proceed legally since withholding the documents is illegal. We hope they won't call the bluff.

So my question is this: If I proceed legally in the worst-case scenario, will I be in trouble since I was not really getting married in the first place?

From India, Hyderabad
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Thank you for the response, Lavika. Do you think I should be honest with the MNC's HR and disclose what happened? If not, what specifics should I omit?
Ultimately, I am hoping that providing my bank account details will be sufficient for them to verify my past employment.

From India, Hyderabad
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nathrao
3251

"So my question is this: If I proceed legally in the worst scenario possible, will I be in trouble since I was not really getting married in the first place?"

It can show that you told a lie, but your answer is in a free world job mobility cannot be denied and force people to lie. When you deal with new HR, play it carefully - reveal what is necessary, and it need not be like a confessional statement. But try to be truthful as the first impression is always important.

Your new employer wants resignation acceptance - how are you going to handle that? By persuasion and discussion?

From India, Pune
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First of all, you do not need to give a wedding card for resignation. You could have submitted your resignation stating personal reasons. No organization can bind you to work with them; it's illegal. Another thing you could do is resign via mail. No company can deny giving you an experience letter. You can contact the labor inspector of your area or file a complaint at the area's police station and take a copy of that complaint. You can communicate the entire situation to your present company's HR and ask for a few days' time. Hope your problem will be solved very soon. Best of luck.
From India, Delhi
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Yes, always go clean and speak the truth. You should inform the new company's HR about the factual conditions. Show them copies of your resignation letter, emails, etc., to convince them that you are in the right. The company, as a matter of their strategy, does not provide any such written documents.

Regards,
RDS Yadav
Labour Law Adviser

From India, Delhi
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If I remember correctly, many cases of withholding relieving letters or similar strong-arm tactics used by some companies have been discussed on Cite HR. There is no one way to tackle this kind of "no ethics" companies that are prepared for any kind of eventuality.

What I suggest is that people facing similar difficulties should discuss the matter with the prospective employer during the interview itself and convince them by showing basic proof such as an appointment letter, bank statements, any increment or promotion letters if any, etc. If the new organization understands the problem with common sense, that's great; otherwise, wait until such an opportunity comes along. It's better than getting into a series of problems such as fake wedding invitations and so on.

From India, Bangalore
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