My friend has worked in an organization for 7 months. He joined in the month of May 2018 and decided to quit in the month of September and placed his resignation. He has worked for 2 months after resignation.
As per the Offer Letter (Note: No bond given), the mandatory service period is 1 year, and the notice period is 3 months. Now, the organization is asking him to pay 5 months of gross salary in order to get his relieving letter. Please advise on what can be done here to obtain his relieving letter.
From India, Bengaluru
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1As per the Offer Letter (Note: No bond given), the mandatory service period is 1 year, and the notice period is 3 months. Now, the organization is asking him to pay 5 months of gross salary in order to get his relieving letter. Please advise on what can be done here to obtain his relieving letter.
From India, Bengaluru
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The company is being unreasonable in demanding 5 months' gross pay. Raise the level of correspondence to higher-level officials and see what they say. Otherwise, you would be forced to go in for legal actions to get your dues.
From India, Pune
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From India, Pune
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Isn't the Relieving Letter crucial for your new employment? Can you manage without furnishing the RL? Unfortunately, there is a grievance system in the country that could expedite help for employees in distress.
Of course, as per the stipulated notice period of 3 months, you had already worked for 2 months after submitting the resignation, which should be considered as part of the notice period, leaving a balance of 1 month unserved. As Nath Rao pointed out, the employer is demanding 5 months' compensation. If there are time constraints, you may meet with the seniors and request them to reconsider, accepting only 1 month's salary (representing the unserved notice period) and try to obtain your RL.
If the Relieving Letter is optional, you should be prepared to forgo it and focus on your future career. By the way, have you already joined the new company or are you still with your previous employer, struggling to obtain the RL?
From India, Bangalore
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Of course, as per the stipulated notice period of 3 months, you had already worked for 2 months after submitting the resignation, which should be considered as part of the notice period, leaving a balance of 1 month unserved. As Nath Rao pointed out, the employer is demanding 5 months' compensation. If there are time constraints, you may meet with the seniors and request them to reconsider, accepting only 1 month's salary (representing the unserved notice period) and try to obtain your RL.
If the Relieving Letter is optional, you should be prepared to forgo it and focus on your future career. By the way, have you already joined the new company or are you still with your previous employer, struggling to obtain the RL?
From India, Bangalore
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Hello Sir,
Thank you for the responses. I have been in discussions with HR for 3 months now, and unfortunately, there has been no positive response. This situation is not only rude but also quite humiliating. They have not provided a proper appointment and have even denied access to the office.
I am willing to pay a notice period of 2 months. However, they are not even considering discussing the matter.
I have informed the new organization that I am supposed to join that obtaining a Relieving Letter (RL) is mandatory, which my current employer is unwilling to provide.
Another concerning clause in the offer letter states that even on the last day of completing 1 year, if they terminate my employment, I would have to pay 3 months' compensation. If they choose to enforce this clause, I fear I may never receive the RL even if I continue to stay.
Could the Labour court assist me in obtaining the RL? If so, approximately how many days might this process take?
Your advice on this matter would be greatly appreciated.
From India, Bengaluru
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Thank you for the responses. I have been in discussions with HR for 3 months now, and unfortunately, there has been no positive response. This situation is not only rude but also quite humiliating. They have not provided a proper appointment and have even denied access to the office.
I am willing to pay a notice period of 2 months. However, they are not even considering discussing the matter.
I have informed the new organization that I am supposed to join that obtaining a Relieving Letter (RL) is mandatory, which my current employer is unwilling to provide.
Another concerning clause in the offer letter states that even on the last day of completing 1 year, if they terminate my employment, I would have to pay 3 months' compensation. If they choose to enforce this clause, I fear I may never receive the RL even if I continue to stay.
Could the Labour court assist me in obtaining the RL? If so, approximately how many days might this process take?
Your advice on this matter would be greatly appreciated.
From India, Bengaluru
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In the circumstances, I can only suggest the following to solve the imminent necessity of RL. Buy the remaining NP by remitting the money on the only condition that they should issue unconditional & clean RL. This remittance should only be by crossed DD under proper acknowledgement.
Once RL is received and it's submitted to the new employer, your tension of securing the employment will be overcome. After you get settled sufficiently, maybe after completion of the new probationary period, initiate a legal action to claim back the NP extracted by coercion and by unlawful means. Better you should consult an eminent advocate and proceed in a way that is best for you in the circumstances.
From India, Bangalore
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Once RL is received and it's submitted to the new employer, your tension of securing the employment will be overcome. After you get settled sufficiently, maybe after completion of the new probationary period, initiate a legal action to claim back the NP extracted by coercion and by unlawful means. Better you should consult an eminent advocate and proceed in a way that is best for you in the circumstances.
From India, Bangalore
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Resignation cum relieving letter.doc