• Relieving letter and experience letter

Hi,

I worked in company for 13 months and resigned on 29 oct 2016. As per compnay policy any employee leaving the org has to serve a notice of 90 days(if confirmed) & 30 days ( Probation). In appointment letter it is clearly mentioned that after successfully completing your probationary period you will be communicated by a separate communication ( i.e confirmation letter). Management has the right to extended your probation if your performance is not satisfactory( I got transfered due to performance issues after 9 months). I got transfered from one area to other because my manager has a view I am not going well in the job,  and i dont received any communication on my confirmation as well.  So i started searching a new job due to non confirmation. After a year i was able to make it into a new organisation and I resigned asking for a 30 days notice period ( As a probationary employee) but my resganation was not accepted and a copy of confirmation letter was mailed stating that i was confirmed after six months. New organisation was not ready to wait more than 30 days and was ok to join on the basis of my resignation mail.  So, i joined new org giving 10 days notice which is not accepted by previous org.  I need my expereince and releiving letters from them. They dont have sign on the receiving on my confirmation letter . All terms and conditions are mentioned in appointment letter. Can i go legal on this??
Asked 3 years ago in Labour

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21 Answers

1)you were on probation and were required to serve only 30 days notice period

2)contention of management that you were confirmed and hence required to serve 90 days is unsustainable in law

3) the confirmation was mailed to you after you resigned from your employment

4)mere 10 days notice is not sufficient

5)since you did not serve the notice period management can decline to give you experience letter

6) your appointment letter , salary slips are sufficient to prove that you worked for company for x period

7) litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

1. Here you did not mention the probation period according to offer of your previous company.

2. Since you not served notice period according to the previous company offer, you are 'not' relieved from the services yet. So, I suggest you to talk to HR of your previous company and see to resolve the issue impeccably.

3. Do not go legal.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Hi,

You can go legal and send them a legal notice for doing the needful as per the appointment letter.

Ganesh Singh
Advocate, New Delhi
6581 Answers
13 Consultations

4.5 on 5.0

You can send a legal notice to the company. Provided you have not flouted any of their service conditions they are bound to give you experience certificate. First start with a legal notice.

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

1. Well,in case of one sided quitting refusal of handing over of experience certificate is often resorted to.

2. Since your new employer has allowed to join it without it ,you may consider yourself lucky.

3. There would be a legal route like filing ivil suit bu that is not advisable in terms of enormous time it takes and costs involved.

All The best.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

1) issue legal notice to company to give you relieving letter

2) if company refuses take legal proceedings to direct company to issue you relieving letter

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

1. I did not ask you a question of 'notice period' when you are on 'probation period' but wanted to check whether the employment confirmation letter generated with back dated.

2. Now, you would have been marked as 'Absconding employee' by your previous company on records.

3. Considering your situation, You can issue legal notice for the Final settlement along with service letters.

Discuss with a lawyer on the forum.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Not having been conformed explicitly, you were required to serve only 30 days notice period.

Your relieving and experience has been wrongly withheld by the HR of your ex-company. Engage in a dailogue with them to procure the same.

In case the dialogue fails to inure any benefit. send them a legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Hello,

I understand the situation you are going through.

Filing a case for this issue will not be a good idea as litigation is a long drawn process and the case will take- years and a lot of montey

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Therefore I would advise you to send a Legal Notice to the earlier company at this juncture if they are not ready to give you the documents.

Send a legal notice asking them to dispatch the required documents to you.

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

You can always approach the court to seek proper relief in your case but remember the court wants you to come with clean hands. In this case you have not served the proper notice period either as a probationer or as a regular employee. Over to this, the company has not only given you a letter confirming you to be a regular employee of the organisation but has also refused to accept your resignation letter.

Now in this case if you wanted to have the experience letter as well as the relieving letter from your previous organisation then you have to pay the amount equivalent to your notice period to get the same. In worst case your previous organisation may also ask you to pay some compensation for leaving the job in between and without transferring the responsibilities to your team.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

As I earlier said you can start with a legal notice first and if they don't respond. You can file various proceedings under labour laws and civil laws for the same.

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

Hi,

Your confirmation should have been told or mailed within certain reasonable duration from the actual date of confirmation. Please have a look on clause of confirmation as many times if period of confirmation is increased then after completion of period, employee automatically gets confirmed, same might have happen in your case so company need not to initimate about your confirmation. Now if your appointment letter does not have a clause of confirmation automatically after extended probation period then you have a good reason that you were confirmed when you decided to leave organisation so you were required to serve a notice period of 30 days only. If they do not provide a relieving letter, you can send a legal notice to company about the relieving letter. Probably they will provide you the same as company cannot afford to go court for trival issues so they will provide you relieving letter.

Thanks

Manisha Navlani
Advocate, New Delhi
6 Answers

4.0 on 5.0

What is the probation period, is it six months or one year?

Is the confirmation clause is also mentioned in the employment offer letter?

What about the termination clause or resignation condition, whether you can pay for the unserved notice period?

How did you submit the resignation letter, through email or through written communication and submitted the same in person with acknowledgment of sent by registered post?

The email confirmation by the organisation on post date is not valid and this has been purportedly done only to harass you.

You can claim that you have not received any communication regarding your confirmation till the date you submitted the resignation letter.

Therefore you can argue that you were on probation only till the date you have sent your resignation and demand relieving letter as well as the experience letter by sending a legal notice to previous employer sent by registered post through your lawyer with a copy endorsed to your new employer.

In the meantime you can join the new employment based on this communication with a request stating that you will submit all the relevant documents shortly after receiving them from the previous employer.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Notice was for 30 days(probation) & 90 days(confirmation) mentioned in msg too.

Many companies ask for your releiving letter in back round check formalities and can decline a candidate on basis of it. This is very imp doc from my career point of view. I tried to get this doc from HR by requesting but they are not ready to release this doc. I kept.the resignation mail for my records on which I asked for notice of 30 days. What are the chances of getting this done through legal process ?

The steps what you have taken are3 just nothing but oral or verbal without any proof except for the email resignation and that also cannot be considered as a substantial proof.

However to overcome this lacuna, you may send a legal notice demanding your reliefs from the previous employer.

Dont ever take the email and oral route and become frustrated with the disappointments.

Consult a local advocate practicing service matters for advises on all such further issues.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Did your contract specify for how long can an employee work as a probationary in your previous organization ?

To guide and advice you properly your employment contract would have to be perused and examined .Do you have a copy of your previous organizations service rules ??

Usually employment contracts cast an obligation on an employee to serve their notice period before resigning or pay 1 or 3 months salary in lieu of it.

You should approach your previous organization and try to settle this issue .At best your previous employer can seek damages from you for not serving the notice period,if there is a clause to that effect in your employment contract.

Your previous employer's intentions seem suspect as you were not confirmed in service ,till you sent your resignation letter.

Your previous employer cannot withhold your experience and reliving letter.

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

You can file suit for damages and claim

Loss suffered by you on account of failure of ex employer to provide you relieving letter

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Yes, you are liable to claim the damages which you suffer on account of your ex-employer to releasing in your favor the necessary documents.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

If the employer claims that you have not served the 30 days notice period, if it is false and this becomes the reason for depriving your opportunity fort a better employment, you may calculate the loss and file a recovery suit.

But that will become a big case for which you have to strain to prove the issue beyond doubt.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Hi,

You can claim for the damages. To new employer, you can show the case details.

Ganesh Singh
Advocate, New Delhi
6581 Answers
13 Consultations

4.5 on 5.0

Hello,

yes later you may claim those damages that you incur because of the nuisance of the employer.

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

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