Company not giving relieving letter
Hi, I worked in a private company for 2.6Years. While joining i had signed for 3yrs bond. In bond clearly mentioned as "you can pay 90000" and get proper relieving letter. So i am breaking bond with 2.6Yrs experience and ready to pay 90000. But now they are telling, we dont want 90000 and we dont give relieving letter. How far its legal? Please help me
Yes. I have a new employer ready to offer good package. As my family depending only on my income, due to financial commitments I planned to leave the present company.
Still the time of joining, we have a clear agreement stating if you quit before agreement time, pay 90000 and get properly relieved.
I believe they are scaring you on verbal communication. No written communication.
Few thing from your side, if not done. In case there is legal angle. Email can be considered as proper written letter.
1. Email your resignation to company HR, your manager from your official ID, CC to your personal Email. Mention that you are initiating your registration and as per contract the tentative date of your last working date would be. Attach the contract letter. Also add like
"If no reply, I would consider this as final plan."
"Let me know when and how can I pay the bond money? "
never use any abusive language in email. Be polite with facts. They have to reply your email. Otherwise you have all rights to leave the company after completing your notice period after resignation date.
2. Is there any clause in contract says that, they won't relieve you in case of emergency of projects? If not then they have no case.
3. Explain and try to convince your next employer if they can wait for you in worst case scenario. Problem with Indian system, employer refrain to approach employee with legal issue.
Yes, I discussed with my new employer. They are ready to accept me (But relieving letter is mandatory for future purpose know, I want relieving letter as a sign of working 2.5 years in corresponding company) Also I send the mail to HR team (through my office mail ID, stating the same) but they didnt respond yet.
At the time of joining we had two things. One is joining letter, bond stating must work for 3 years, else pay 90000 and get relieved..
In joining letter in one place they mentioned as, The decision of bond will be management decision. Now they are stating as my decision is " i dont want 90000 and I dont give your relieving letter". This information they told when am serving notice period after raising resignation letter.
In office HR exit policy or any where they didnt mention in written format.
If I challenge in court can I win? Can I get a proper relieving letter?
that's what I said, they will never reply you in written, which can become a proof.
They have to give relieving letter.
Here is practical thing: They are just trying to scare you. Let say even if you loose you either have to pay 90K.
However, if the company is small and sometimes owner is crap-head, they drag the matter for long time.
What is duration of notice in bod period and when you write the email?
The only point they will have:
- You are too important for the project to let you go.
- They may try to drag in stealing data.
Point no 1 is bullcrap. Point no 2, you need to come out clean.
If I were in your situation, where next employer is ready to take without relieving letter and I am ready to pay bond amount. I would happily join the next organization after completing notice period.
1. I would give the proper email notification. Pursue them to reply the Email. If no reply I will simply send a copy of email over govt. registered Post.
2. Consult a Lawyer (Labor Lawyer) what to do next.
2. I will send email on my last day, stating that I have completed the notice period and in absence of not asking bond money. I am not paying. Also, I will send this copy via registered post.
3. Happily join the next organization.
I don't think any idiot employer would stop relieving letter for clean employee against 90K. Letter they might loose 90K also. I am not labor law expert but, it's not Dubai, they can't force you to stay back to work.
Edit: More importantly, I will keep the email thread going and I also send that, I am being forced to work in hostile environment where I fear that management is not allowing me to leave the company after 3 years. I simply can't focus enough on work. I would come at sharp office and leave smiling without doing any work.
Yes, thats what am also done. I had already relieved from my old company. All activities in all my projects are cleared. (Proof : Mail conversation, pre exit checklist cleared sign from all departments).
All material, data everything cleared properly. (Pre exit and exit checklist xerox copy available with me).
I send formal mail stating the same as i am ready to pay, but you are not accepting. (I send the same mail with blind carbon copy to new employer)
I had gone through exit interview also in old company and relieved formally as per their process(without any relieving letter)
Now i was above to join new company. No issues from new company.
But the old company relieving letter is required (for future purpose only). Now am thinking how can i get relieving letter?
Whether notice from lawyer can work? should i planned to raise in consumer form (one lawyer suggested)
Whether notice will work?
Whether company can tell as "we dont give relieving letter?"
How far its legal? Whether their argument will be valued in court?
Interesting insight by @Anoop . I agree with it.
In my opinion, because there's breach of contract from both the sides, it's important to consult a lawyer - only if you are adamant about getting the relieving letter.
I'd say - check with your new employer if they want a reliving letter from the previous employer. If not, I don't see it being relevant in future.
However, there are companies that do a background check on the new employees and that might cause some trouble in future.
If possible, explore the possibility of joining the new company after you complete your bond period with the existing employer. It's never good to breach contracts that you've agreed to.
Ok. But in this case we have clear agreement for proper relieving letter. Now they didnt tell any statement in document form. Only in verbal communication only they are telling. Whether if i go to court, can i get a proper relieving letter?
As am leaving due to financial problems. New employer is providing good package. So as we have clear agreement, am ready to leave by 90K. But while am in notice period, they had told this. How far its correct? They didnt have written communication regarding this.
Guru - you are right in your reasoning. In my opinion, relieving letter should not matter much. I'd strongly advise you to handle it via communication and discussing your case with your current employer. Don't take this to court; unless you've read and understood your agreement. Most of the employee-employer agreements are biased towards favouring the employers. That's why, both @Anoop and I asked you to seek opinion from the lawyers.
Also, have you informed your new employer about your existing engagements? If not, it'd be wiser to inform them about the situation and see if you can find a way out of the situation.
Talking patiently and calmly to existing bosses seems to be a wise thing to do. If nothing works out - check if your new employer needs the relieving letter; if not - ditch it. In my opinion, it won't matter much.
The advice you'll receive here will be based on the information you've provided; and it may not be accurate. Consulting a lawyer and holding talks with your existing management seems like a good idea to me.
Thanks a lot for your suggestions
My new employer know every thing about this. They accept without relieving letter.
Whether if I proceed legally, is there possibility of giving relieving letter from old company?
Because my old company management is worst, they dont think about employee life.
Okey, here is thing I understand:
1. You have all exit formality and and left the company. Only thing is that they had not given the relieving letter.
2. You have not paid the Bond amount.
I believe this won't matter much for any new employer. New employers only look if you have correctly mentioned your date of joining and exit.
For future use, better to would keep all email copies as proof that you have done nothing wrong. It's employer who didn't provided you relieving letter. Why to bother when you saved 90K. Invest somewhere and enjoy. ð
Let say when you change the next company and they will ask for relieving letter you can show the proof. Also, you can say that, you can't point gun on employer's head to give relieving letter.
You didn't mention, whether your old emplyer is big company or small? Probably, your old employer is thinking no one give you job without relieving letter.
Thanks for your support.
Present company is small with around 500 employees.
As every thing i am clear, why should i approach court? Whether it will create any issues in future?
Why because any way, however the way i request the old company management, they are not ready to give me releiving letter.
So if i can go to court, i may get. If i request them the probability of getting releiving letter. is 0%. If i go to court the probability of getting releiving letter will more know
Guru I think you should not be worry about much this
If your new employer is ready to accept you then you should just leave them, I believe experience doesn't matter it's skills that matters at end
but before leaving just post a long and damaging post about your company on websites like glassdoor, facebook and google page so others may know before joining such company.
@Guru : As I said, your current employer is fine with not having relieving letter. It would be most of the cases however, there is some chances that some "Hot shots" pursue you take the all relieving letters. There you can explain the situation why you didn't get the relieving letter. As there is no issue with background check, (which is mostly about joining and leaving date), they will also be fine with such situation.
Dragging matter in court is would be unnecessary for now. Join the new company relax for a bit and you can keep pursuing to get relieving letter over email or a formal visit in future. Let your previous company scratching themselves, that, they were not able stop your career over mere 90k and relieving letter.
Just for note: Never use any false word in written or email.
Every thing I understand. But I came to know from my friends, they are telling relieving letter is mandatory from a company. Else it will create a very big issue like that I heard so am fearing
Every thing I understand. But I came to know from my friends, they are telling relieveing letter is mandatory from a company. Else it will create a very big issue like that I heard so am fearing
What kind of issue? If any of your future employer asks you for relieving let from your first employer, you could explain the situation. I don't think relieving letter is so important.
OK. Thank you Sir. For your support.