• Service letter enough instead of relieving letter

Hi Sir
I have worked for One organization for 1 month 28 days.
I have decided to leave company after 1 month of service in the organization.
I have resigned and followed two weeks notice period post to the notice period.
I got last working day from HR which is two weeks.
I have submitted all necessary assets to admin and submitted laptop as well.
After that i took followups for the exit letters like reliving and experiance letter & due salary.
I got salary after 60 days and latter called service letter.
Now HR is informing me that they can only issue service letter as your in probation period.
They are not issuing relieving & experiance letter to me.
Could you please help me for this ?
Asked 3 years ago in Business Law

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8 Answers

You have received your outstanding dues

 

2) since you have worked for only 2 months with company it would not make material difference in your career if you don’t have reliving letter 

 

3) since company is giving you service letter it is sufficient to prove you have worked fir organisation for 2 months 

Ajay Sethi
Advocate, Mumbai
96976 Answers
7829 Consultations

Provide them service certificate and ask new employer to contact ex employer if they need any clarifications 

Ajay Sethi
Advocate, Mumbai
96976 Answers
7829 Consultations

If the company's law may not entitle the employees with the experience letter or relieving letter during the period of probation then you cannot claim it as a right.

You can rely upon the letter by which they relieved you, i.e., service letter in which your period of employment would have been properly mentioned if you think that this would help you in the new employment for any purpose.

 

T Kalaiselvan
Advocate, Vellore
87178 Answers
2341 Consultations

You can rely upon the letter by which they relieved you, i.e., service letter in which your period of employment would have been properly mentioned if you think that this would help you in the new employment for any purpose.

T Kalaiselvan
Advocate, Vellore
87178 Answers
2341 Consultations

Dear client,

Yes, you can give them a service certificate explaining the reasons for not having the latter. 

Thank you

Anik Miu
Advocate, Bangalore
10182 Answers
120 Consultations

Once your current employer accepts your resignation, they are legally bound to give you the relieving letter which is the evidence of termination of employment. Whether you were on probation or in permanent service is immaterial for the purpose. Service certificate is sufficient for showing your experience.

Swaminathan Neelakantan
Advocate, Coimbatore
2917 Answers
20 Consultations

You need to issue them a legal notice for the same so that they issue you the said letters. 

If you need any further assistance.you can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
32493 Answers
201 Consultations

- Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.

- Hence, the employer can terminate during the probation, and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation. 

- Hence, if an employee leaves the job during the probation period, then it not harm his career, and generally many company stipulates in contract, that during probation period either party can terminate the job with or without any notices.

- If you have worked only for the probation period only , then there is not requirement for Relieving letter and a service letter is enough. 

Mohammed Shahzad
Advocate, Delhi
14523 Answers
221 Consultations

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