Should I Request The Company To Provide An New Or Alternate Relieving Letter ? - CiteHR
Suhaskhambe
Executive Human Resource At Emcure Pharmaceuticals
Groyalg
Manager - Ops., Training & Quality
Dikshit.tgs
Human Resources Professional
Avani Bhatnagar
Manager - Training & Hr
Latha_jagadeesan
Hr Executive
+2 Others

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Hi,

I was working with a reputed Bpo for the past 18 months and everything was going well, i was performing well and my managers were happy with my performance but all of a sudden for some reason (may be because of the unhygienic food provided in the organisation or my bad eating habits, as at times i used to skip meals just to finish my work before time plus other personal/family issues and stress) my health suffered a lot. It started with fever, typhoid and other illness i was not able to work properly and had to take leave. I took almost 7 days leave when i was suffering from stomach pain which turned out Gastritis and than again another 15 days leave in the next month when i was suffering from Typhoid. I was a little careless and that is why i did not visit a doctor and one day the situation become worst when i was in the office and the next day i went to see a doctor and 2 days later i was told that i am suffering from typhoid. Now as there are issues going on between my parents and they are on the verge of divorce so, i needed some time/leave to solve this family issue (we are a victim of domestic violence). You know the kind of stress level one goes through in such a situation and me being the eldest one in the family had to take care of everything so i tried to approach my Supervisor and told him part of my problem. My supervisor asked me to get in touch my manager, i did that and informed him a little about the issue. My manager did not understand how serious the matter is and i was also not able to give details to him as i was not sure if i should really tell everything to my Manager.

Well my manager suggested me to do morning shift instead of night shifts but i was not in a situation to come to the office still i checked if i can manage that. But as i was not able to find a way so finally i informed my Supervisor that i am going on leave and will be back in a 10 days, but he did not approve my leave and again asked me to get in touch with my Manager. As i was going through so many things, i did not inform my Manager.

When i came back and checked with my Manager he asked me to rejoin as a new employee as the separation was raised by that time. But I did not join the company as there was this ego issue that people who were my juniors in terms of tenure will be my senior now. As i was a little busy with my family issues, i did not get time to collect my relieving letter and when finally i got time after 1 month, it said that i was absconding. I was in a complete shock, when i checked with the Hr, she told me that its not some thing bad, it just says that you did not inform your manager about your leave and so on. But you will get good feedback from us.

But after 2 months when i started looking for job, organisations are not ready to hire me just because my relieving letter says i was absconding. I would request you to please guide me on how to tackle this issue and can i ask them to issue me a new relieving letter.

Please help...

Hi,

Based on your statement, "[/QUOTE]But as i was not able to find a way so finally i informed my Supervisor that i am going on leave and will be back in a 10 days, but he did not approve my leave and again asked me to get in touch with my Manager. As i was going through so many things, i did not inform my Manager.[/QUOTE]

It is very evident that you did take leave without prior approval. In such a case, any employee is labelled 'absconding'. Any employee who does not turn up for work within 3 days and has not informed is considered 'absconding'. If your leaves were not approved, you should have convinced and made your Manager understand the situation. Since you have not taken this step, you will be considered 'absconding'. If HR asks you to rejoin, you may have to comply with it. Also, the letter says 'absconding'. No New organisation would hire you as an experienced person.

Your situation is extremely serious. In such a scenario, you can either talk to your Manager again and explain with complete details. If your Manager understands your trouble, he would surely help you. He can also go ahead and direct the HR to allow you to join the same profile OR he may help you get a relieving letter that may help you for a new job.

Regards,

Hi Deepu,
Mate! What are you doing?!
You were not only absconding once, you were absconding twice. I totally agree with Avani there, you are in a soup and only your manager can help you.
My advise would be -
Option A: You know you are at fault. You also know you are capable and a performer. So keep EGOs aside and get back to earning bread for your family in a work that you are completely familiar with.
OptionB: Look for alternate work options, ideally in semi-established companies who are not very stringent about release letters and experience letters. I know how the BPO industry works and hence am pretty sure that wouldnt be a problem. Ideally, since you havent worked for almost 2-3 months, you can join an even competition and try to stake a claim at a senior profile. I know that isnt ethical but you are not breaking any laws.
Cheers.
AM

Dear all,
As per the law of the land if an employee is not remaining present on work the employer is bound to issue notice/letter on his last known address. Unless that is done without considering and knowing employee's version his services can not be terminated. It appears in present case that no such letter calling the employee is sent. Principles of natural justice have been grossly violated by the company and the termination is therefore illegal. It is not so easy for any company to terminate employment ex-parte concluding that the employee is absconding.
Best regards
Sameer Paranjape ,Advocate ( Labour Law Consultant )
Pune ,9850083760
Share knowledge ....... gain knowledge .......

Hello...
Just because of absconding, there is no provision to issue a reliving letter directly.
If you was confirmed employee, the HR Department (Organization) has to follow certain process before terminating/discharging
> Issuing an advice letter to the absconding employee.
> Show-cause Letter
> Charge Sheet cum Show-cause letter
> Inquiry-1
> Inquiry-2
> Dismiss or Discharge Letter then
> Final Settlement
Advice No. 1. You can request to issue a new service certificate along with modification.
2. Explain the rules and regulations to the HR Dept., if they doesn't know.
3. You can file a case against the management towards your relieving without
any preventive notice or communication.
Note : Either you was in Trainee or Probation, they need not follow the above rules.
Regards,
Reddi Tirupathi

Dear Deepu.yahoo,
In the case cited above, can you mention who was your direct reporting head? Supervisor or Manager? Why was it that the Supervisor directed you to the Manager for approval of leaves & understanding your problem.
If it was the Manager, were you not knowing that? Why did you communicate with the Supervisor everytime instead of your Manager?
Agreeing to what Sameer Paranjape said, you can speak to your HR & Manager once again & explain the story at length (which you should have done at the time you wanted leaves). Things that remain unsaid, remain unheard. So, now go to your previous employer & speak about the problem with all the details if they can be of any help to you.

I did not abscond twice. My Manager asked me to join as a new employee and i told them that i need time to think over it, if i really want to join as a new employee and that is not the only reason, I was not sure if i will be able to work properly as there were so many things going on with me and my mother. i did not join any other company for the very reason.
Now i have given 3 interviews this week and they all suggested me to exclude those 18 months experience.

Yes, i made a mistake, i should have tried to convince my manager, but it was just because i did not know how. Discussing these kind of matters with some one who does not belong to you, who is not your relative. I have never been into such a situation earlier.
I was reporting to my Supervisor and my supervisor was reporting to my manager. For any issues we were suppose to get in touch with the supervisor and if they are not able to resolve only than we were suppose to approach the manager.
My supervisor asked me to get in touch my manager saying he can not approve any more leaves as there are already few people on leave.
I will get in touch with my Manager and the Hr head again to check what i can do about it.
Thanks for your valuable suggestion.

Yes, they did not follow any such rules and when i asked them to issue my relieving letter, they asked me to pay Rs 4000 toward full and final settlement. After i paid them the amount, they issued the letter stating i was absconding.

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