Dear Client,
Issue them legal noitce. Still no relieving letter, than complain to lobour commissioner.
Relieving and Experience Letter Issue
Hi All, I worked in Private company as S/W Engineer for 3.9 years.I had resigned to company 4 months back and i served notice period same ,officially it is 3 months only.after having many discussions they released me on November ending but they didn't send any last working day confirmation over mail.Even i have sent many remainder mails none of them they replied.when i went to my previous company to get my Experience letter they told told me that they would give termination letter.Its been 40 days i released from company.This experience letter is mandatory to join in next company. i have submitted all documents like Previous company offer letter,Salary payslips,Hike letter,Bank statements except Experience letter.My next company is not ready to join without relieving or Experience letter.Please Help me in this..
Asked 7 years ago in Labour
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17 Answers
Sir issue a legal notice to the previous company for the experience letter . Further stating in the notice that if they fail to give experience letter after the notice you shall take legal action and also demand compensation from then for delaying in the experience letter. Even if on notice they fail to give experience letter a suit need to be filed for same,
Send them a legal notice calling upon them to issue a reliving letter in your favour, in accordance with the employment agreement you signed with them.
Maybe, you can send them an email warning them of legal consequences, prior to sending a legal notice as advised above.
Then how you are saying that they have release you on Nov. and how you have served notice period if your resignation has not been accepted, please clear it.
Hi All, Thanks for your immediate responce. #Vibhanshu Srivastava Sir :- yes,i have sent warning mail to HR. #Koshal Kumar Vatsa sir : Yes I dont have confimation mail,even i sent they didn't reply and In Company joining letter it was clearly mentioned like 'you would be required to give minimum of 3 months notice period if you want to resign from the services of the company'. I have complained to labour commissioner,he has setup meeting with previous employer management before issuing legal notice to company. But i have few questions which i need clarifiation: 1. If Employer didn't accept my resignation.should i continue without taking any further action? (I have resignation mails and all follow up mails.) 2. I have written bond for three year which i have completed 9 months back. will it be impact on this ? (like any clauses mentioned in the bond) 3. My next company is not ready to join without relieving or Experience letter.I have submitted all documents except this. Is there any other alternative as per law,please suggest? 4. +ve and -ve chances in getting experience letter.
Asked 7 years ago
Non can be forced you work agasint his/her choice neither can be forced to serve notice period but only pay in lieu of notice period.
3 years bond already honored.
NO law. Either convince them or give undertaking that within this period you will arrange the relieving letter and if not than can be terminated.
Through labour commissioner, it will arrange.
1. You can continue without as you have proof of resignation but still require the experience letter.
2. If bond is complete there won't be any impact on same.
3. See company can ask for either resignation or experience letter , further if they are ready.to accept you can give an undertaking and can join.
4. There are positive chances of getting experience letter as they have to give proper resignation and experience letter.
Issue legal notice to company to furnish you experience letter / relieving lister
2) if company fails to do so take legal proceedings against company to provide you experience letter
You don’t need to continue after serving notice period
2) you ha e already complained to labour commissioner
3) wait for response from company to notice issued by LC
4) you have completed bind period . You won’t face problems on said issue
you need to serve them a legal notice or the same else you need to file a complaint before labour court.
Just keeping the correspondences through email will not be of any use especially to the reluctant and lethargic eomployer.
You should escalate the matter by sending a legal notice demanding the relieving letter and also the experience lettter. You are entitled to both, hence you can claim it as a right.
If they still are lethatrgic or silent about the issue you can approach court or even consumer forum for reliefs and remedies.
1. To resign your job is your decision which the employer cannot stop, you may have to follow the statutory notice period by which the employer cannot stand in your way from resigning the job.
2. If the bond period has been completed then how can it impact, dont think on that aspect.
3. If that is the criteria, then you cannot force the new employer to accept you on his rolls without fulfilling the requirement to produce the relieving letter and experience letter.
4. You have to fight it out legally.
Yes, now the position is this that up to when you will continue to work by leaving one organization which has not issued you the experience letter so now for future always mention the last date of working, this is common now in private sector that they kept mum when they set up their mind that to give trouble to the employee.My suggestion is if it is not important for you to show experience of this organization then take the paper of relieving what ever it is and if this is termination then challenge the same in the Labour Court to teach them lesson nothing else. They will definitely say that termination is due to long absence and if they say like this then it will give you the benefit which you can't think.
Dear All, First i would like to thank all of you for helping me in this. As i have mentioned above, after having couple of meetings and discussions with Labour department commissioner my previous employer agreed to give proper relieving and exp letter in front of the commissioner. He has signed on the form and commissioner has closed case.The Next day HR who attended for the meeting called me to collect my exp letter and i went to office.After seeing that i got shocked because they have mentioned bad conduct in that letter. I am not ready to take it because none of the will accept exp letter with bad conduct. So Here i am requesting all of you how to resolve this issue.please help. Note :- As i mentioned above I have completely served 3 months notice period but now they are doing it intentionally and they have taken it as personally. please help me as per LAW. Here Content they have mention in letter " He was guilty of dereliction of duty on multiple occasions during his employment tenure"
Asked 7 years ago
Sir you can file the complaint directly with the labour court under industrial dispute act that company is harassing you after the direction form commissioner and no proper letter is being given.
You have been given experience letter by the company but you cannot force company to mention that your conduct was exemplary
You can file a petition before the labour commissioner to reopen the case for this reason itself.
The management's double game should be exposed properly so that they will realise the law and the consequences for playing fraud on the labour department itself.
They should prove the charges leveled against you and they cannot simply escape telling that you were guilty of dereliction of duty on several occasions.
You Can Fight back properly till you get justice.
you need t challenge the same before labour court or file a written objection before labour commissioner that they had provided the said incorrect relieving letter due to vengeance.
File a complaint before the Labour Court saying that you are being harassed unnecessarily.
Regards
